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ANNUAL STATUS REPORT Macquarie Island Toothfish Fishery November 2010 This report has been prepared by AFMA for consideration by the Department of Sustainability, Environment, Water, Population and Communities in relation to the exemption of the Macquarie Island Toothfish Fishery from export controls under the Environment Protection and Biodiversity Conservation Act 1999.

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Page 1: Annual Status Report 2010 final - Department of the ...environment.gov.au/.../files/status-report-2010.pdf · November 2010 This report has been prepared by AFMA for consideration

ANNUAL STATUS REPORT

Macquarie Island Toothfish Fishery

November 2010

This report has been prepared by AFMA for consideration by the Department of Sustainability, Environment, Water, Population and Communities in relation to the exemption of the Macquarie Island Toothfish Fishery from export controls under the Environment Protection and Biodiversity Conservation Act 1999.

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CONTENTS

1. Introduction ............................................................................................................................................ 3

2. Description of the fishery...................................................................................................................... 6

2.1. Target and bycatch species .............................................................................................................................7

2.2. Management arrangements.............................................................................................................................7

2.3. Fishing methods (gear types) ..........................................................................................................................8

2.4. Fishing areas.................................................................................................................................................10

2.5. Allocation between sectors............................................................................................................................11

2.6. Governing legislation/fishing authority ........................................................................................................11

2.7. Status of export approval/accreditation under the Environment Protection and Biodiversity Act 1999 ......12

3. Management ......................................................................................................................................... 12

3.1. Changes to management arrangements ........................................................................................................12

3.2. Performance of the fishery against objectives, performance indicators and performance measures ...........13

3.3. Compliance risks present in the fishery and actions taken to reduce these risks ..........................................13

3.4. Consultation processes..................................................................................................................................13

3.5. Compliance with threat abatement plans, recovery plans and international agreements ............................14

4. Research and Monitoring .................................................................................................................... 15

4.1. Research results ............................................................................................................................................15

4.2. Monitoring programs used to gather information on the fishery ..................................................................16

5. Catch data ............................................................................................................................................. 19

5.1. Total catch of target species (including retained & discarded catch) ..........................................................19

5.2. Total catch of target species taken in other fisheries ....................................................................................19

5.3. Total catch of bycatch species.......................................................................................................................20

5.4. Spatial issues/trends......................................................................................................................................20

5.5. Effort data .....................................................................................................................................................20

6. Status of target stock........................................................................................................................... 21

6.1. Resource concerns ........................................................................................................................................21

6.2. Stock assessments..........................................................................................................................................22

7. Interactions with protected species ................................................................................................... 22

7.1. Frequency and nature of interactions ...........................................................................................................22

7.2. Management action taken to reduce interactions .........................................................................................23

8. Impacts of the fishery on the ecosystem .......................................................................................... 23

8.1. Results of Ecological Risk Assessments ........................................................................................................23

8.2. Nature of impacts on the ecosystem ..............................................................................................................25

8.3. Management action taken to reduce impacts ................................................................................................26

9. Progress in implementation of recommendations and conditions resulting from the previous assessment of the fishery .......................................................................................................................... 26

9.1. Progress in implementing each recommendation and condition ..................................................................26

10. References ............................................................................................................................................ 27

11. List of acronyms................................................................................................................................... 27

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1. Introduction

The Macquarie Island Toothfish Fishery (MITF) lies in waters adjacent to Macquarie Island. Macquarie Island falls under Tasmanian jurisdiction and is located outside the Antarctic convergence, approximately 1500 kilometres south east of Hobart.

The waters surrounding Macquarie Island out to 3 nautical miles are Tasmanian State waters and the Tasmanian Department of Primary Industries, Water and Environment controls activities in these waters. State waters were closed to fishing and classified as a Nature Reserve under Tasmanian law in July 2000. Waters from the 3 nautical mile boundary out to the 200 nautical mile outer boundary of the Australian fishing zone are under Commonwealth jurisdiction and fishing in these waters is managed by AFMA under the Fisheries Management Act 1991.

Figure 1 shows an indicative map of the location of Macquarie Island. Australia shares a maritime delimitation boundary with New Zealand whose Exclusive Economic Zone (EEZ) abuts the Australian fishing zone north-east of Macquarie Island.

Figure 1: An indicative map of Macquarie Island and nearby Tasmania

The MITF is managed by the Australian Fisheries Management Authority (AFMA) consistently with the Convention on the Conservation of Antarctic Marine Living Resources which was established in 1980 under the Antarctic Treaty System to provide a management regime for conserving the Antarctic ecosystem. The Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) was established under this Convention as a policy and regulatory body to implement the objective of conserving the Antarctic ecosystem, including rational use.

While Macquarie Island is outside the area of the application of CCAMLR (see map at figure 2), CCAMLR Resolution 10/XII calls on Members of CCAMLR, which includes Australia, to ensure that vessels flying their flag harvest stocks which are also found in the Convention area (such as Patagonian toothfish) do so responsibly and with due respect for Conservation Measures adopted by CCAMLR. Australia’s other sub-Antarctic fishery, the Heard Island and McDonald Islands (HIMI) Fishery, falls under CCAMLR jurisdiction. Both the HIMI Fishery and the MITF are managed similarly and in accordance with the Conservation Measures adopted by CCAMLR.

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Figure 2: Location of the Macquarie Island Toothfish Fishery in relation to the CCAMLR Convention Area

This Resolution does not require Australia to apply CCAMLR Conservation Measures to fishing around Macquarie Island or introduce identical measures. However, it does impose an obligation on AFMA to ensure management measures adopted for the MITF do not undermine Conservation Measures applied by CCAMLR. In achieving this AFMA may develop and implement specific management measures, which vary from, and/or exceed, CCAMLR requirements.

Strict environmental management measures have been in place since access to the fishery was first granted in 1994. These measures are incorporated in the Macquarie Island Toothfish Fishery Management Plan 2006 (the MITF Plan) and supporting legislative instruments, developed under the Fisheries Management Act 1991.

The MITF was initially assessed and granted an export exemption under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) on 28 November 2005. This exemption will expire on 28 November 2010. During this time there have been four significant issues which have implications for the management of the Fishery, and these are discussed further in this report. The issues are:

1. Trial of longline fishing

Longlining was originally not permitted in the MITF because of the potential of seabird by-catch. At its meeting on 10 and 11 July 2007 the AFMA Board1 agreed to the commencement of a trial of longline fishing in the MITF, with annual reviews, subject to conditions and specific limits for seabirds. Petuna Sealord Pty Ltd undertook the trial with the longline vessels Avro Chieftain (in 2007 and 2008) and Janas (in 2009 and 2010). A similar process was used before longline fishing became an approved fishing method in the HIMI Fishery.

Annual reviews were undertaken with details of the previous years operations provided to the AFMA Commission. Following this consideration approval was given each year to continue the trial.

No seabirds were been killed nor were there any interactions with longline fishing gear during the trial.

The AFMA Commission at its meeting on 25 and 26 October 2010 supported the introduction of longline fishing in the MITF, and agreed to provide a report on the longline trial to the Minister for Sustainability, Environment, Water, Population and Communities for consideration as part of the strategic re-assessment process. The Commission decided that that the range of best practice mitigation strategies should be adopted in future operations. The mitigation strategies are outlined in section 2.2.

1 Prior to July 2009 AFMA was a statutory authority with a Board of Directors. AFMA is now a Commission and the term ’AFMA

Commission’ will be used in the document from this point onwards.

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As part of these arrangements the AFMA Commission also decided that the group of seabirds comprising wandering albatross, black-browed albatross, grey headed albatross, grey petrel or soft-plumaged petrel have protection in excess of the ‘Threat Abatement Plan for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations’ (TAP) and a trigger limit of one, would apply on a per vessel basis.

This would mean if one of these species were killed as a result of an interaction with the fishing gear, the vessel would be required to immediately cease fishing in the MITF for the remainder of the season. This would be applied by AFMA through conditions on Statutory Fishing Rights.

The Avro Chieftain which undertook longline trials in the MITF

in 2007 and 2008 (photo: Petuna Sealord)

For other species of seabirds the AFMA Commission decided that any interactions should comply with the TAP, where a seasonal rate of 0.01 birds per 1000 hooks is specified. The rate is applied retrospectively over a season to the fishery as a whole, so the capture of a bird(s) would not require an operator to cease fishing for the season. The review procedures outlined in the TAP would be applied.

A separate report on the longline trial has been provided to the Minister for Sustainability, Environment, Water, Population and Communities.

2. New stock assessment method for Patagonian toothfish

An integrated stock assessment model has been developed by CSIRO for the Aurora Trough sector. The integrated assessment model replaced the tag based assessment model versions of which have been used in the fishery since assessments first began, and integrates the emerging spatial and temporal changes that are occurring in the fishery.

The model fits data obtained from the tag-recapture program at Macquarie Island since 1995, to length composition data for the years 1994-2009, and to age-at-length data from aged otoliths taken in 1997 and 1998. The model designates two different fleets (Aurora Trough trawl and longline), and estimates separate selectivity patterns for each fleet.

There is insufficient data at this stage to apply the model to the Macquarie Ridge sector and generate a total allowable catch (TAC). The data collected during the longline trial and data from future operations will be used to address this issue.

Currently the toothfish in the Aurora Trough and Macquarie Ridge sectors are currently treated as separate stocks and managed separately. However it is likely that they constitute a single stock. It is anticipated that the Management Strategy Evaluation (MSE) work currently being undertaken by CSIRO and the catch data from trawl and longline operations in both sectors will considerably progress resolving the implications of alternative stock structures. This will be the subject of further discussions by the Sub-Antarctic Resource Assessment Group (SARAG) prior to the start of the 2011/12 season on 15 April 2011. It is expected that resolution of this issue will lead to a single TAC being set for the fishery as a whole. However this will require an amendment to the MITF Plan.

3. Proposed amendment to the MITF Management Plan

An amendment to the MITF Plan is proposed. The amendment will change the area of the fishery to a single sector, rather than the current two sectors; the Aurora Trough and the Macquarie Ridge, which reflects the likelihood that toothfish around Macquarie Island is a single stock.

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The changes would come into effect following a specific decision by the AFMA Commission and upon publication of a notice in the Commonwealth Gazette. This will follow a period of public comment. The amendment is scheduled for implementation by the end of 2011.

4. Change in season dates

The MITF Plan was amended in June 2009 to change the season dates. The season start date was changed from 1 July to 15 April and came into affect on 15 April 2010.

The purpose of the amendment was to allow AFMA more time to conduct and review the stock assessment for the fishery. In previous years there have been difficulties in setting the TACs by 1 July because of the short timeframe between the completion of trawl fishing operations and analysis and incorporation of the data from the trip in the stock assessment. The assessment will use the trawl and longline data collected in the previous year, rather than incorporating trawl data collected in the year the assessment is undertaken.

The proposed season start date would also be suitable should the longline fishing method be approved.

2. Description of the fishery

At a glance

Principal species Patagonian toothfish (Dissostichus eleginoides)

Fishing techniques Demersal otter board trawling and demersal longlining (trial)

Number of vessels up to 3

2010 - 2011

total allowable catches

140 tonnes for the Aurora Trough sector

150 tonnes for the Macquarie Ridge sector

Estimated catch & value To maintain operator confidentiality AFMA is unable to release this information

Main markets United States of America, Japan

Stock status Not overfished / no overfishing

Management method AFMA determines total allowable catches for toothfish, which are set to protect the target fish stocks and species that depend upon them. Access to the fishery is limited and strict operating conditions are imposed to minimise negative effects on the environment, including effects on non-target species.

The ecosystem based management model used by CCAMLR has been adapted for all Australia’s Antarctic fisheries, including the MITF. Management of these fisheries has been directed at addressing target species sustainability, bycatch issues and the predator/prey relationships between the target and bycatch species (including mammals and seabirds).

CCAMLR develops internationally agreed management measures for the sub-Antarctic and Antarctic regions, including waters covering the HIMI Fishery. AFMA requires that fisheries in waters adjacent to the CCAMLR area, which includes Macquarie Island, are managed in a complementary manner to the Conservation Measures requirements. A number of measures which have been adopted exceed the CCAMLR requirements.

In July 2007 the AFMA Board approved a demersal longline trial in the MITF. A range of best practice mitigations measures to avoid the incidental capture of seabirds were adopted including, no offal discharge, night setting and having a limited season. Strict limits were placed on the catch of seabirds depending on the particular circumstances surrounding the seabird populations of Macquarie Island.

The trial proceeded in August 2007, July 2008, July/August 2009 and May/June 2010, with no seabirds being killed or injured.

Consultative Forums Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and Sub-Antarctic Resource Assessment Group (SARAG)

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2.1. Target and bycatch species

The only target species in the MITF is Patagonian toothfish (Dissostichus eleginoides). All other species are considered bycatch and may not be targeted.

Patagonian toothfish (Dissostichus eleginoides)

Patagonian toothfish, also known as mero, Chilean sea bass or black hake, is found in sub-Antarctic waters on shelves around islands and submarine banks. They are primarily bottom-living, in depths of 300 to 2000 metres, although move off the bottom on occasion to feed.

Photo: Austral Fisheries

Patagonian toothfish reach sexual maturity between 70 and 95 centimetres in length at around 10 years old. They grow up to 2.2 metres in length and 100 kilograms in weight. As yet, the maximum age of this species is unknown, although initial estimates indicate that toothfish live up to 50 years.

Trawl operators target, on average, four to nine year old toothfish with the average size being around 60 centimetres long and 2 - 4 kilograms in weight.

The older fish are thought to inhabit deeper waters and canyons which are accessible to longline gear. Longline operators target, on average, seven to 15 year old toothfish with the average size being around 80 - 100 centimetres long and 6 - 9 kilograms in weight.

Bycatch species

In the MITF a precautionary bycatch limit of 200 tonnes combined applies for all finfish species (excluding Patagonian toothfish), crabs and sharks, with a 50 tonnes limit on any one species. Data is collected on all species and catches continue to be monitored and evaluated annually.

When considering the bycatch limits for the fishery SARAG indicated that:

• given the small number of species commonly encountered, the total of any generic bycatch limit applied to each species (such as the 50 tonnes limit per species applied by CCAMLR) is unlikely to exceed the 200 tonnes total bycatch limits set for all non-target species;

• as long as there is no deliberate targeting of any one of these bycatch species the 200 tonnes limit is expected to be sustainable; and

• limits for finfish and non-finfish species will need to be developed if the target species or fishing methods in the fishery change.

To date the maximum annual catch of bycatch in the MITF has been 34.2 tonnes, of which 30.9 tonnes was finfish.

The MITF Plan requires that bycatch be retained (with some exceptions) on board the vessels in order to limit possible interactions with marine mammals and seabirds.Sharks, jellyfish, sponges, crabs and coral are returned to the ocean as these species either have a high chance of survival, do not attract seabirds and marine mammals when discarded or cannot be effectively processed.

2.2. Management arrangements

Output controls are the primary means of controlling the level of catch, and are set as an annual TAC for Patagonian toothfish in each sector of the fishery and as an overall limit on bycatch species. The TACs for the target species are divided among SFR holders in proportion to their holdings. Under the proposed amendment to the MITF Plan a single TAC would be set for the fishery as a whole.

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Input controls are used to minimise bycatch and the impact of fishing operations on the broader marine environment. The key input controls include:

• limiting the number of vessels accessing the fishery to three at any one time;

• prohibiting discharge of offal and other bycatch to avoid incidental interactions with seabirds and mammals; and

• gear restrictions for trawl (bobbin diameter and mesh size) and longline (integrated weight line).

The management mechanisms within the MITF Plan and supporting legislative instruments are summarised in table 1.

Management Plan Supporting instruments

• Sub-Antarctic Fisheries Bycatch Action Plan requirements

• Fishery assessment plan requirements

• Reference points

• Determination of TAC

• Minimum quota holding requirements

• Quantity of fish that may be taken including overcatch provisions

• Scientific research

• Granting of SFRs

• Boat nomination

• Transferring and leasing of fishing rights

• Environmental requirements

- reporting of gear loss

- no poultry or brassicas are to be discarded from the boat

- nil offal overboard

- restrictions on the use of plastic packaging bands

- limited light at night

• Reporting of death or serious injury of seabird and marine mammals

• Obligations on holders of SFRs:

- to minimise bycatch

- carriage of observers

- requirement to comply with regulations and fishery assessment plan.

• Schedule - target species

• Contingency arrangements

- breakdown of meal plant

- disposal of fish meal

- injury or death of seabird or marine mammal

• Eligible boats criteria

Regulations

• SFR Register

Directions

• fishing methods (initially to be restricted to trawling)

Conditions of SFRs

• Boat eligibility

• Bycatch restrictions

• Gear restrictions

- mesh sizes

- bobbin size

• ICVMS reporting requirements

• Boat marking requirements

• Transhipping and carrying requirements

• Prior departure/arrival reporting requirements

• Carriage of observers

• Observer safety standards

• Catch reports (in line with CCAMLR requirements)

• Contingency arrangements for breakdown of meal plant

• Contingency arrangements for disposal of fish meal

Table 1: The structure of the MITF Management Plan

Two observers are deployed on all trips to the fishery to monitor compliance with management arrangements and collect environmental, ecological and fisheries data.

During the longline trial the following mitigation measures were put in place to address potential interactions with seabirds:

• one longline vessel operated during the trial – one vessel, operated by Petuna Sealord Pty Ltd, was permitted to longline;

• no offal discharge - the prohibition on the dumping of offal, which is applied to all Australian vessels operating in sub-Antarctic and Antarctic waters, was adopted in the MITF;

• night setting - setting could only occur during the hours of darkness between the times of nautical twilight;

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• integrated weight line – the longline vessel which operated each season used integrated weight line (IWL) capable of achieving the CCAMLR standard sink rate of 0.2 metres per second;

• 100% observer coverage - 2 full time observers were deployed on each trip and duties included the monitoring of wildlife abundance and any interactions;

• paired streamer lines - two streamer lines were used to scare birds away from gear;

• limited longline season – operations were restricted each season to the period between 1 May and 31 August;

• ‘brickle curtain’ – this device (designed and developed by Petuna Sealord Pty Ltd and subsequently adopted by CCAMLR), was used on the vessel Janas to discourage birds from accessing baits during the haul of longlines. The Avro Chieftain had a moonpool which negated the need to use a brickle curtain as the longline was hauled through the keel of the vessel;

• prohibition on the use of plastic packaging bands - to prevent ingestion of or entanglement in the debris by seabirds or marine mammals; and

• minimisation of lighting – to reduce the risk of seabirds colliding with the boat.

The AFMA Commission at its meeting on 25 and 26 October 2010 decided that these mitigation strategies would continue to be adopted should longlining become an approved fishing method.

2.3. Fishing methods (gear types)

The only fishing method currently authorised in the fishery is trawling. The trial longline fishing was undertaken from 2007 to 2010 through the use of Scientific Permits, issued in accordance with the MITF Plan.

Demersal trawling

Figure 3 illustrates the configuration of demersal trawl fishing gear. Demersal trawlers tow a net along the ocean floor, in depths up to around 1,500 metres. The net is towed behind the vessel by long wires (the warps) and is deployed and retrieved from the stern of the vessel by winches. The net opening (the mouth) is spread horizontally by the outward force acting on the otter boards as they are towed through the water.

The bottom of the net opening, the footrope, is weighted bringing the net opening close to the bottom and has ground gear, principally bobbins, attached to enable the gear to be towed across the substrate with minimal hook-ups. The top of the mouth, the headline, is lifted vertically by floats. Vessels are generally equipped with electronic units to allow the proximity of the nets to the seabed to be monitored.

Figure 3: Demersal trawl (adapted from FAO, 1987)

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Demersal trawling relies on herding fish inward toward the path of the oncoming net mouth, rather than the speed of the tow. As the fish swim away from the warps and the net wings, they are enclosed and fall back towards the tapered body of the net. As the gear is hauled up toward the vessel the fish are contained in the end section of the net, the codend, which is fastened with a rope to release the catch on the vessel deck. In the fishery, demersal trawl nets are limited to a minimum mesh size of 120 millimetres when targeting Patagonian toothfish to enable juvenile fish to escape the net.

Demersal longlining

The autoline (or Mustad) system is most commonly used by ‘Norwegian-style’ vessels and typically has a simple configuration (see Figure 4). Essentially, the system consists of a single, long ‘backbone’ or ‘mother-line’ (usually 9-12 mm diameter), containing several thousand, short (~ 400 millimetres), evenly-spaced ‘branch-lines’ (or ‘snoods’) each with a baited hook on the terminal end. Snoods are spaced 1-2 metres apart (typically every 1300 millimetres).

radio, floats, lightradio, floats, light

anchor

200200--2,000 m2,000 m

one magazine: 1,800 m long,~ 1250 hooks 1.4 m apart

Set 10-40,000 hooks/day

Norwegian system (autoline): ling, toothfish

Figure 4: Indicative longline configuration (Graham Robertson, AAD)

The longline is normally stored in several ‘magazines’ on board the vessel, each containing 1000-1200 metres of ready-hooked longline. A typical magazine might contain 950-1200 hooks. Magazines can be joined in sequence to create the desired length of longline.

Line setting is a relatively straight-forward procedure. Typically, one end of the longline is drawn from the hauling room at the stern of the vessel. The other end is attached to a marker flag, radio beacon and buoys that are thrown overboard to designate the outer limit of the longline. Heavy grapnel anchors (40-100 kilograms) that have been attached to the line at a point several hundred metres below the buoys cause the longline to rapidly submerge and eventually grab onto the ocean floor. This ‘down-line’ (the initial length of the longline from the buoys to the anchors) does not contain hooks.

The anchors stabilise one end of the longline. The vessel then steams away from the fixed end of the longline at 2-10 knots, causing the central, hook portion of the longline to be paid out from the stern of the vessel. Each hook passes through an automatic baiting machine (where hooks are baited with about 93% success) before they enter the water.

Autoline vessels deploy negatively buoyant longlines. Weights or floats may be clipped to the longline at various intervals along the line during setting to alter the sink rate of the line. The longline is then gradually set on the ocean floor (often following topographic features as identified from an on board GPS). A second set of grapnels stabilises the proximal end of the longline.

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Currently Australian vessels are using integrated weight line (9.5 – 12 millimetres diameter) with an internal lead core of 50 grams/metre used to sink the line rather than the attachment of external weights.

The bottom-set hooks are then left to attract toothfish for up to 24 hours. The vessel then travels slowly (1-2 knots) towards the distal end of the longline, steadily hauling the longline back onto the vessel.

2.4. Fishing areas

Currently the MITF is divided into two sectors: the Aurora Trough and the Macquarie Ridge. The toothfish in each sector are managed separately, but it is likely they constitute the one stock. CSIRO are currently researching this issue in conjunction with the development of a new integrated stock assessment model for the fishery. AFMA is proposing to amend the MITF Plan to reflect the single stock status, which would result in a single area for the whole fishery. The amendment is scheduled for implementation by the end of 2011.

The maps at figure 5 show the location of the Aurora Trough (the major trawl fishing ground), the Macquarie Island Marine Park and the World Heritage area. The area outside the Aurora Trough is the Macquarie Ridge sector (it has been referred to as the ‘Northern Valleys’ historically in other documents).

Figure 5: Indicative map showing Macquarie Island Marine Park and fishing sectors

Green – Macquarie Island Marine Park, Red – Aurora Trough, Yellow – Macquarie Ridge

2.5. Allocation between sectors

There is no allocation between the commercial and recreational sectors in this fishery.

2.6. Governing legislation/fishing authority

The MITF is managed by AFMA under the Fisheries Management Act 1991. The MITF Plan and associated legislative instruments outline the management requirements for the fishery which are summarised in table 1.

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The Fisheries Management Act 1991 provides for AFMA to amend a Plan, but requires the same consultation process as undertaken when determining the original Plan. The need for administrative flexibility is incorporated into the MITF Plan through the use of supporting instruments such as Regulations, Directions and Conditions on SFRs, where AFMA may vary certain requirements.

2.7. Status of export approval/accreditation under the Environment Protection and Biodiversity Act 1999

The MITF was initially assessed and granted an export exemption under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) on 28 November 2005. This exemption will expire on 28 November 2010.

This accreditation was subject to number of recommendations which are reported on in Attachment A.

A copy of the letter of accreditation and recommendations can be found on the Department of Sustainability, Environment, Water, Population and Communities website at:

http://www.environment.gov.au/coasts/fisheries/commonwealth/macquarie-toothfish/index.html

3. Management

3.1. Changes to management arrangements

Since accreditation of the MITF by the then Department of Environment, Water, Heritage and the Arts in November 2005 the MITF Plan was amended (June 2009) to change the season start date from 1 July to 15 April. This came into affect on 15 April 2010.

The purpose of the amendment was to allow AFMA more time to conduct and review the stock assessment for the fishery. In previous years there have been difficulties in setting the TACs by 1 July because of the short timeframe between the completion of trawl fishing operations and analysis and incorporation of the data from the trip in the stock assessment. The assessment will use the trawl and longline data collected in the previous year, rather than incorporating trawl data collected in the year the assessment is undertaken. This enables greater scrutiny of the stock assessment results by all stakeholders in the consultative process.

The season start date change would also be suitable should the longlining become an approved fishing method.

AFMA notified the Department of Environment, Water, Heritage and the Arts of the amendment and the Department raised no objections to the amendment proceeding.

Each year the conditions on SFRs may be amended (as necessary), to reflect any changes in the management of the fishery and to ensure consistency with Conservation Measures determined by CCAMLR.

A further amendment to reflect the likely single stock status of Patagonian toothfish in the MITF are being developed. Currently the toothfish in the Aurora Trough and Macquarie Ridge sectors are treated as separate stocks and managed separately. However it is most likely that they constitute a single stock. It is anticipated that the MSE work currently being undertaken by CSIRO and the catch data from trawl and longline operations in both sectors will considerably progress resolving the implications of alternative stock structures. This will be the subject of further discussions by SARAG prior to the start of the 2011/12 season on 15 April 2011. It is expected that resolution of this issue will lead to a single TAC being set for the fishery as a whole.

The proposed MITF Plan amendment would come into effect when the single stock issue is resolved. It will require a specific decision by the AFMA Commission and publication of a notice in the Commonwealth Gazette.

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3.2. Performance of the fishery against objectives, performance indicators and performance measures

A statement of the performance of the MITF against the objectives, performance indicators and performance measures in the MITF Plan is made annually and posted on the AFMA website. A copy of the current statement can be found at:

http://www.afma.gov.au/fisheries/antarctic/macquarie/publications/default.htm

3.3. Compliance risks present in the fishery and actions taken to reduce these risks

The MITF Plan and associated legislation outline measures which ensure that there is a high level of compliance with management arrangements for the fishery. The measures in place to monitor and ensure compliance include:

• the requirement to carry an Integrated Computerised Vessel Monitoring System (ICVMS), which enables monitoring of the movement of vessels within the fishery. Information provided through the ICVMS includes the vessel’s location, course and speed;

• the presence of two observers on board all voyages, which allows for monitoring and recording of all catch by an independent person. Observers are also able to monitor an operator’s compliance with management arrangements, in particular input controls and environmental management measures;

• a formal process through which observers may raise any compliance related issues with the Master of the vessel to ensure operators are aware of and comply with management measures;

• at port monitoring of all catch unloads by an AFMA authorised officer when in an Australian port, or by appropriately trained officers from the Port State when in a foreign port. This further verifies catch records maintained by the observer, reported by the vessel’s Master and ensures compliance with catch limits;

• requirement to complete the toothfish Catch Documentation Scheme paperwork for unloading and export of all toothfish product; and

• completion of shot-by-shot daily logbooks and provision of that data to AFMA and the Australian Antarctic Division (AAD).

In 2005 the Illegal, Unreported and Unregulated (IUU) fishing vessel Taruman was apprehended for fishing in the waters surrounding Macquarie Island. This is the only known IUU incursion in the EEZ around Macquarie Island since 1994 when the fishery began. Further, the presence of a permanently manned research station on Macquarie Island provides a deterrent to possible IUU fishing. The Aurora Trough fishing ground is within sight of Macquarie Island. Should IUU estimates within the area of the fishery become apparent, the revised estimates will be factored into the stock assessment process in the same way as it is for the HIMI Fishery and other CCAMLR fisheries.

3.4. Consultation processes

The consultative structure in place for determining all management measures for the fishery is detailed in the figure 6 below.

In 2005, the MITF Plan was developed in consultation with SouthMAC, operators and other stakeholders. It was based on the HIMI Fishery Management Plan (which came into affect in May 2002) and adopts many of the same management measures. The MITF Plan details objectives for the fishery; measures to achieve these objectives; and criteria to assess the Plan’s performance.

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Figure 6: Key consultative relationships in place for determining management measures for the Fishery

The AFMA Commission, often with input from SARAG and SouthMAC, are involved in determining all additional management measures. Each of these consultative groups draws membership from government organisations, conservation groups, industry and other stakeholders. SouthMAC is the key advisory body for the MITF and includes representation from AFMA, CSIRO, AAD, a conservation group and industry. SARAG is the key scientific assessment group for the fishery and includes representation from AFMA, AAD, CSIRO, industry and expertise based scientists.

Generally SARAG meets several times a year and SouthMAC at least annually. Both groups meet shortly after the annual CCAMLR meeting to consider among other things any Conservation Measures agreed by CCAMLR which may apply to the MITF.

SARAG provides SouthMAC and AFMA with stock assessment advice as a core part of its functions. SouthMAC recommends to the AFMA Commission catch limits for the fishery, based on advice from SARAG. The AFMA Commission must endorse these catch limits before they can enter into effect.

3.5. Compliance with threat abatement plans, recovery plans and international agreements

The ‘Assessment of longline fishing in the Macquarie Island Toothfish Fishery’ report, provided at Attachment A discusses the longline trial.

The AFMA Commission at its meeting on 25 and 26 October 2010 supported the introduction of longline fishing in the MITF, and agreed to provide a report on the longline trial to the Minister for Sustainability, Environment, Water, Population and Communities for consideration as part of the strategic re-assessment process. The Commission decided that that the range of best practice mitigation strategies should be adopted in future operations. The mitigation strategies are outlined in section 2.2.

As part of these arrangements the AFMA Commission also decided that the group of seabirds comprising wandering albatross, black-browed albatross, grey headed albatross, grey petrel or soft-plumaged petrel have protection in excess of the TAP and a trigger limit of one, would apply on a per vessel basis.

This would mean if one of these species were killed as a result of an interaction with the fishing gear, the vessel would be required to immediately cease fishing in the MITF for the remainder of the season. This would be applied by AFMA through conditions on SFRs.

For other species of seabirds the AFMA Commission decided that any interactions should comply with the TAP, where a seasonal rate of 0.01 birds per 1000 hooks is specified. The rate is applied retrospectively over a season to the fishery as a whole, so the capture of a bird(s) would not require an operator to cease fishing for the season. The review procedures outlined in the TAP would be applied.

Fishing operations in the MITF are also fully compliant with the ‘Recovery Plan for Threatened Albatrosses and Giant Petrels’ and ‘Sub-Antarctic Fur Seal and Southern Elephant Seal Recovery Plan’.

AFMA Commission

Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC)

Sub-Antarctic Resource Assessment Group (SARAG)

CCAMLR (Conservation

Measures)

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The MITF is managed consistently with the HIMI fishery. The HIMI fishery comes under CCAMLR jurisdiction and operates in accordance with the Conservation Measures adopted by CCAMLR.

The strict environmental measures that are in place in the MITF and the fisher’s adherence to these measures are verified through the carriage of two observers on every trip.

Data already collected by observers indicates that there has been a high level of compliance with all management measures. Further data, collected through a research and monitoring program, are incorporated into assessments of target and the broader marine environment.

4. Research and Monitoring

4.1. Research results

Research needs of the fishery are identified in the Sub-Antarctic Fisheries Five Year Strategic Research Plan and reviewed annually by SARAG. This Plan provides for research into stock assessment, collection of fishery and biological data as well as providing an ecological and economic assessment of the fishery.

Since commercial fishing began in the area, operators have contributed significantly to research and monitoring through the provision of vessel time, cooperation with the observer program, direct financial contributions and expertise of crew. Under the direction of AAD and CSIRO, operators have undertaken an extensive monitoring program, which has formed the basis of the annual toothfish stock assessment conducted by CSIRO. Observers also undertake biological sampling of target and bycatch species.

Where possible, information is also obtained from other fisheries within the CCAMLR Convention area, to provide a comparative basis for assessment of stocks and the broader environment within the area of the fishery. Comparisons are also drawn, where appropriate, from studies of Australia’s other sub-Antarctic fishery at HIMI.

Acknowledging that research and monitoring is important but costly, SARAG, SouthMAC and the AFMA Commission agreed that it should continue as a collaborative approach between industry and research providers. The MITF Plan reflects this decision by requiring that a Fishery Assessment Plan (FAP) be implemented. The FAP is developed by AFMA in conjunction with SARAG, SouthMAC and SFR holders, and will incorporate monitoring that is identified annually by SARAG, having regard of the Five Year Strategic Research Plan.

The FAP defines the monitoring responsibilities to ensure:

• an adequate program of monitoring to ensure that reliable fisheries stock estimates can be made for Patagonian toothfish;

• adequate monitoring of the direct impact of the fishery on species other than Patagonian toothfish and the ecosystem in the fishery area; and

• the yearly allocation of monitoring responsibilities to statutory fishing right holders in proportion to the numbers of statutory fishing rights they are likely to hold at the beginning of each fishing year.

A major Fisheries Research and Development Corporation (FRDC) funded project ‘Ecologically sustainable development of the fishery for Patagonian toothfish (Dissostichus eleginoides) around Macquarie Island: population parameters, population assessment and ecological interactions’ was undertaken by CSIRO and AAD scientists from 1997 to 2000.

The study provided and tested a framework for managing a developmental fishery where very limited knowledge of fish biology and environment existed. The study engaged the fishing industry in data collection and monitoring from the commencement of the fishery. In particular, it applied the principle of MSE and eco-system-based management, in addition to traditional stock assessment.

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The results achieved revealed that there were few concerns about bycatch and ecological impacts of fishing on marine mammals and seabirds around Macquarie Island. The first ever survey of the biological oceanography around the Macquarie Island was conducted, along with data collections and analysis on age, growth and diets, on toothfish and major marine predators. These results were directly fed to the management process through the MSE and ecosystem based evaluation.

The extensive data collection program initiated through this study has been maintained and provides information for the ongoing assessments in the fishery.

AFMA calls annually for applications to address research priorities and gaps in knowledge, as identified in the Five Year Strategic Research Plan. SARAG, SouthMAC and AFMA’s Research Committee assess these applications for funding from the AFMA Research Fund and FRDC. Current research projects which relate to the MITF include:

• ‘Development of a multi-gear spatially explicit assessment and a management strategy evaluation for the Macquarie Island Patagonian toothfish fishery’ continues the stock assessment work undertaken by CSIRO;

• ‘Robust characterisation of the age structure, growth and recruitment of toothfish in the Macquarie Island and Heard Island and McDonald Islands fisheries’ to collect accurate information on size-at age, recruitment variability, fishery specific catch-at-age and gear selectivity through the collection and analysis of otoliths for use in the integrated stock assessment; and

• ‘Demersal fishing interactions with marine benthos in the Australian EEZ of the Southern Ocean; an assessment of the vulnerability of benthic habitats to impacts by demersal gears’ using portable deep sea cameras to obtain gear interaction footage.

4.2. Monitoring programs used to gather information on the fishery

The MITF has had a comprehensive information collection system in place since the fishery commenced in 1994, which is mix of fishery dependent and independent research.

Fishery dependent monitoring – regular data collection

The core component of the fishery dependent system is shot by shot catch and effort logbook data. The vessel’s master is required to record an estimated weight for each species caught in each fishing operation.

The requirement to carry authorised and accredited observers on all cruises to the fishery further ensures that the fishery dependent data set is highly reliable. AFMA’s observer program has collected information on the landed catch from over 90% of the trawl and longline shots undertaken in the fishery. Observers verify the vessel supplied information eg: shot by shot catch estimates and conversion ratios from factory operations.

(photo: Rhys Arangio)

The two AFMA authorised observers present on each trip to the fishery maintain independent records that are used to verify the vessel-supplied information. Fisheries scientists from AAD and CSIRO have worked closely with the observers, masters and crew to ensure that this data set is an accurate reflection of fishing activity.

Fishery-dependent data integrates observer catch and effort records and biological data on the target and bycatch species. These data are processed and error checked by AAD scientists after every cruise, who then cross-reference observer data with vessel’s logbook data, vessel’s daily factory records and unloading documentation.

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The breadth of data collected on target and bycatch species in logbooks and by Australian observers exceeds CCAMLR standards. Observers also collect extensive biological samples from target and bycatch species so scientists can better understand the biology of these species in the Macquarie Island region. The collection of otoliths, for example, is essential in the development of keys needed to convert length frequency data into age density information required in the stock assessment model.

Fishery independent monitoring – one off data collection

Tag recapture data is a very important source of information for the stock assessment process in the MITF. To assist fishery stock assessment and monitor toothfish movement, since the start of the 1995/96 season a tagging program has been undertaken by AAD on board a commercial vessel, with a target of tagging about 500 fish per year per fishing ground.

As at 31 July 2010, 12079 toothfish had been tagged with 1429 recaptures. In the Aurora Trough 8053 toothfish had been tagged with 1189 recaptures. In the Macquarie Ridge 4026 toothfish had been tagged with 240 recaptures.

Historically the traditional tag-recapture based model provided estimates of the historical abundance of toothfish available to the fishery and used population models that include the dynamics of tagged and untagged fish, daily releases, catches, recaptures, natural mortality and annual net recruitment to assess the populations in the Aurora Trough and Macquarie Ridge.

(photo; AFMA Observer Section)

The new integrated assessment includes information on length frequency and tagging data in an age-structured model that allows estimation of annual spawning biomass and cohort strength. Results from the new stock assessment show that the assessment can replicate the results of the tag-only assessment. The new model allows for incorporation of multiple gear types and the changing spatial and temporal aspects of the fishery.

The model fits to data obtained from the tag-recapture program at Macquarie Island since 1995, to length composition data for the years 1994-2009, and to age-at-length data from aged otoliths taken in 1997 and 1998. The model designates two different fleets (Aurora Trough trawl and longline), and estimates separate selectivity patterns for each fleet.

Other fisheries independent information has been collected from research surveys undertaken by the CSIRO vessel Southern Surveyor in 1999. This survey was the first ever research survey on biological oceanography around the Island. Extensive acoustic and trawl surveys of toothfish were also conducted by Southern Surveyor in conjunction with the commercial fishing vessel, ‘Austral Leader’.

Table 2 summarises the key components of the information collection system in place for the MITF, with an emphasis on information needs for the stock assessment process and management of Patagonian toothfish.

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Table 2. Fishery-dependent information collection systems in place in the Macquarie Island Toothfish Fishery

Description Information collected Required by Collection frequency Provided to

CCAMLR Data Forms

TACv2010

C1v2010

ANT02-VG

1. Fishing gear description

2. Shot by shot information on:

- fishing effort; and

- catch estimates of target and

bycatch species

AFMA (as conditions on SFRs) 1. Every cruise

2. Every fishing operation

AAD and CSIRO

For stock assessment purposes

and bycatch monitoring

Integrated Computerised

Vessel Monitoring

System (ICVMS)

1. Vessel position,

2. Prior reporting requirements

AFMA (as conditions on SFRs) 1. Continuous

2. Notification of entry and

exit from:

- the Fishery; and

- port

Not released – data is used for

AFMA compliance purposes

At sea independent

monitoring provided by

AFMA authorised and

accredited observers

Shot by shot monitoring of:

Catch and effort information

Biological data on target species including:

- sexed length/weight frequencies,

- otoliths and other biological samples

Bycatch interactions with marine

mammals and seabirds

Data to confirm conversion ratios of

processed fish

AFMA (under the Management

Plan and regulations)

Every cruise

The objective of the program

is:

1. 70% observer coverage of

trawl shots in the Fishery

2. 60% observer coverage of

longline sets and 50% of

hauls in the Fishery

Detailed data and samples provide

to AAD for stock assessment

purposes

Bycatch monitoring

Impacts on seabirds and marine

mammal populations

Information on ecological impacts

provided to AAD and others

Conversion ratios used by AFMA

for quota management purposes

Landed catch monitoring

1. Toothfish Catch

Documentation

Scheme

2. Unload monitoring

1. Verified landed weight and product

destination of all toothfish products

2. Weight and grade of landed catch of

all other species

1. AFMA

2. AFMA

1. Every cruise

2. Every cruise

1. Dissostichus catch documents

provided to CCAMLR to

monitor toothfish take by

CCAMLR members

2. Monitoring of catch against

ITQ’s and monitoring of

retained bycatch by AFMA

* AFMA implements all relevant all CCAMLR requirements, and in many instances exceed them.

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5. Catch data

5.1. Total catch of target species (including retained & discarded catch)

As a consequence of its remote location the MITF is a purely commercial fishery with no recreation or indigenous sectors.

The seasonal toothfish catches by sector from recent seasons is provided in table 3.

Catch by Sector (tonnes) Fishing season

Aurora Trough Macquarie Ridge

1/7/2005 to 30/6/2006 241 9

1/7/2006 to 30/6/2007 238 <1

1/7/2007 to 30/6/2008 223 84

1/7/2008 to 30/6/2009 307 150

1/7/2009 to 14/4/2010 66 146

15/4/2010 to 14/4/2011* 125 139

Table 3: Seasonal catch of Patagonian toothfish by sector in the MITF (AFMA logbook records)

• Note: total catch taken early in the 2010/11 season in longline operations

It should be noted that the longline trial commenced in the 2007/08 season where fishing occurred principally in the Macquarie Ridge sector under a research TAC. In the Aurora Trough in the 2009/10 season a research TAC was set as the estimated trawl available biomass was just below the 66.5% threshold that applied as a harvest strategy for that sector of the fishery.

5.2. Total catch of target species taken in other fisheries

The MITF is adjacent to the CCAMLR Statistical Division 88.1 in the Ross Sea. Patagonian toothfish is generally taken in the north of this Division in low quantities, with Antarctic toothfish (Dissosthichus mawsoni) being the target species which is taken closer to the Antarctic mainland. Antarctic toothfish have not been caught in the MITF.

The reported catches of Patagonian toothfish and Antarctic toothfish from the Statistical Area 88.1, as reported by CCAMLR, in recent years are shown in table 4.

Annual catch by species (tonnes) Species

2005/06 2006/07 2007/08 2008/09

Patagonian toothfish 1 12 9 17

Antarctic toothfish 2968 2079 2251 2432

Table 4: Annual toothfish catch from CCAMLR Statistical Division 88.1 (CCAMLR Statistical Bulletin)

The New Zealand Government has introduced Patagonian toothfish into the Quota Management System from 1 October 2010. A TAC of 50 tonnes has been set. This may have implications for Australian operators who fish in the MITF, part of which abuts the New Zealand EEZ. Potentially toothfish may be a shared or trans-boundary stock.

Catches to date in the New Zealand EEZ have been low with around 50 tonnes taken in the past 15 years, with a maximum of 20.5 tonnes taken in a season.

The Department of Agriculture, Fisheries and Forestry are the lead Australian agency in discussions between Governments given the international context and have written to New Zealand Government officials to initiate discussions on the issue.

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5.3. Total catch of bycatch species

The total catch (tonnes) by season of bycatch species is shown in table 5.

Total bycatch (tonnes) by fishing method

Trawl Longline Fishing season

Fish Sharks Invertebrates Fish Sharks Invertebrates

2005/06 2.35 5.82 3.556

2006/07 0.43 1.79 0.345

No longline fishing occurred during this period

2007/08 3.55 4.50 1.896 7.82 1.04 0.012

2008/09 7.28 9.24 0.620 17.65 1.00 0.007

2009/10 10.03 4.50 0.070

2010/11*

No trawl fishing occurred during this period

7.34 2.97 0.112

Table 5: Seasonal catch of bycatch species in the MITF (AAD records). Note: the shark species are generally

sleeper sharks which are returned to the sea

* Note: total catch taken early in the 2010/11 season in longline operations

In the MITF a precautionary bycatch limit of 200 tonnes combined applies for all finfish species (excluding Patagonian toothfish), crabs and sharks has been set, with a 50 tonnes limit on any one species. Data is collected on all species and reviewed annually by AFMA.

5.4. Spatial issues/trends

For confidentiality reasons the spatial trends of the fishery cannot be disclosed in detail. The main trawl fishing ground, the Aurora Trough, is an area of approximately 130 square kilometres located adjacent to the west of Macquarie Island (see map at figure 5 in section 2.4)

Since the trial of longlining began in 2007 toothfish has been targeted at greater depths and more widely across the Macquarie Ridge sector.

5.5. Effort data

Table 6 shows the effort expended in the fishery. It should be noted that trawl fishing has been conducted in all seasons except 2009/10 and 2010/11 and longline fishing commenced in the 2007/08 season.

Sector

Effort in the Aurora Trough sector Effort in the Macquarie Ridge sector Season

Trawl days Longline days Trawl days Longline days

2003/04 20 6

2004/05 4 5

2005/06 17 14

2006/07 16

no longlining occurred during this period

3

no longlining occurred during this period

2007/08 22 2 1 17

2008/09 22 no longlining occurred 1 28

2009/10 5 39

2010/11*

no trawling occurred

10

no trawling occurred

19

Table 6: Total seasonal effort - fishing days by the trawl and longline fishing methods (AAD records)

Note: the total catch was taken early in the 2010/11 season in longline operations

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6. Status of target stock

6.1. Resource concerns

Patagonian toothfish was assessed by the Bureau of Rural Sciences in the Fishery Status Reports 2009 as not overfished and not subject to overfishing.

Scientists from CSIRO undertake a stock assessment each year, which are reviewed by SARAG and is also considered by CCAMLR’s Working Group on Fish Stock Assessments. The stock assessment has also reviewed by independent peers through its publication in the scientific literature.

The assessment of the toothfish stock in the MITF is undertaken in accordance with the precautionary approach adopted by CCAMLR in the mid 1990s. The objective of this approach is to maintain a stock at a proportion of its pre-exploitation abundance such that escapement of the spawning stock must be sufficient to avoid the likelihood of declining recruitment.

When this objective is articulated quantitatively it gives rise to biological reference points that form the basis for decision rules (see Table 7). The decision rules provide the foundation for incorporating uncertainties regarding population parameters and stock status into assessments of fishing strategies designed to meet the objectives.

Table 7 summarises the process for setting the annual yield for Patagonian toothfish in the Aurora Trough under the new integrated assessment model. Further information is being collected from the Macquarie Ridge and the process will be applied across the Ridge when sufficient data is available. It is highly likely that the toothfish around Macquarie Island constitute a single stock which if shown to be the case will result in a single stock assessment for the fishery. Progress with this issue will be reported on in the annual status report.

Objective Patagonian toothfish

Estimate annual spawning stock biomass

The Stock Synthesis 3 stock assessment generates an estimate of the spawning stock biomass

Growth and natural mortality estimates

Estimates of the von Bertalanffy growth parameters derived from length density information. Natural mortality values that bound the likely range are considered for model sensitivity tests (Constable et al. 2001).

Other biological and fishery parameters determined

• Tagging data (release and recapture date and lengths) from observers and AAD since 1995

• Length composition data from 1994 to date

• Age-at-length data from aged otoliths taken in 1997 and 1998 and new data as it is collected

Biological reference points The reference point is the same as that adopted by CCAMLR which also applies in the HIMI toothfish fishery. The TAC should be the constant catch such that:

• the probability that spawning biomass will fall below 20% of the pre-exploitation level over a 35 year projection period must not exceed 0.1; and

• the median escapement for the Fishery of the spawning biomass shall not be less than 50% over a 35 year projection.

Method used by CSIRO to calculate yield

Stock Synthesis 3 integrated stock assessment. The model designates two different fleets (Aurora Trough trawl and longline), and estimates the selectivity patterns separately for each fleet.

SARAG Domestic internal review of assessment

SARAG and SouthMAC SouthMAC endorses TACs to AFMA Commission

AFMA Commission Approves TACs

Table 7. Steps used in calculating yield for Patagonian toothfish

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6.2. Stock assessments

An integrated assessment model (Stock Synthesis 3) was used to fit the available data from the trawl and longline fishery for Patagonian toothfish within the Aurora Trough sector and provide management advice for the 2010/11 season. This is the first time the model has been used to undertake the assessment for the Aurora Trough. Previously, a tag-based assessment model was used.

The new model takes into account all fishing methods as well as addressing spatial and temporal issues.

The following assumptions/parameterisations were used:

• value for the rate of natural mortality (M) of 0.13;

• use of the sex-specific growth curve parameters estimated by Constable et al (2001);

• length at which 50% of the population is mature – 89cm;

• exclusion of tag recaptures in year of release;

• including over-dispersion in tag recaptures; and

• assuming a longline tag detection rate the same as the average of that for trawl (0.94) but keep detection rate of 1.0 in the sensitivity analysis.

The catch level for 2010/11 was calculated under the CCAMLR decision rule, following application of Markov Chain Monte Carlo methods to characterise uncertainty in the parameter estimation. Using the above assumptions provides an estimate of the spawning biomass to be 2004 tonnes or 54% of the unfished spawning biomass. The TAC for the 2010/11 season in the Aurora Trough using the CCAMLR decision rule was set at 140 tonnes. This was based on the precautionary assumption that all future toothfish catch would be taken by trawling. A TAC of 164 tonnes would have applied if all future catches were assumed to be taken by longline.

There is insufficient data at this stage to apply the model to the Macquarie Ridge sector which has been subject to a longline fishing trial.

SARAG is of the view that the toothfish in the Aurora Trough and Macquarie Ridge sectors are likely to form a single stock. It was anticipated that the addition of information from the 2010/11 season, results from the MSE and biological work being conducted by CSIRO and AAD will be important in addressing the implications of the single stock issue. Resolution of the issue will rely on obtaining sufficient data from continued longline fishing. CSIRO and SARAG will assess the situation prior to the start of the 2011/12 season, which starts on 15 April 2011.

7. Interactions with protected species

7.1. Frequency and nature of interactions

There have been no deaths of seabirds or marine mammals as a result of interactions with fishing gear, since operations began in 1994.

There have been 4 seabird (2 prions, 1 shag and 1 petrel) interactions with fishing vessels which includes collisions with the gantry and superstructure since 1994.

There have been 2 marine mammal interactions since 1994. In 1997 a decomposed elephant seal was caught in the trawl net and in 2008 a New Zealand fur seal was briefly hooked in a flipper when it swam into the ‘moonpool’ on the longliner Avro Chieftain. A ’moonpool’ is a seabird bycatch mitigation design on the vessel which allows the longline to be hauled through the keel of the boat.

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7.2. Management action taken to reduce interactions

There have been no deaths of seabirds or marine mammal as a result of interactions with fishing gear.

Should an interaction occur fishers are required to submit detailed reports of the wildlife interaction within 24 hours of the incident occurring. Each report must also include a detailed response to the wildlife interaction which must be implemented immediately by the fisher to minimise the likelihood of similar interactions. The reports would then be submitted by AFMA to the Protected Species Unit at the Department of Sustainability, Environment, Water, Population and Communities.

A range of actions have been taken to minimise the levels of interaction. The general measures include:

• no offal discharge requirement which limits provisioning opportunities for wildlife;

• limit (up to 3) on the number of boats allowed to operate in the fishery;

• minimising of lighting on fishing boats to reduce the risk of seabirds colliding with boats; and

• prohibition on the use of plastic packaging bands.

During the longline trial the following additional mitigation measures were put in place to address potential interactions with seabirds:

• one longline vessel operated during the trial – one vessel, operated by Petuna Sealord Pty Ltd, was permitted to longline;

• no offal discharge - the prohibition on the dumping of offal, which is applied to all Australian vessels operating in sub-Antarctic and Antarctic waters, was adopted in the MITF;

• night setting - setting could only occur during the hours of darkness between the times of nautical twilight.

• integrated weight line – the longline vessel which operated each season used IWL capable of achieving the CCAMLR standard sink rate of 0.2 metres per second;

• 100% observer coverage - 2 full time observers were deployed on each trip and duties included the monitoring of wildlife abundance and any interactions;

• paired streamer lines - two streamer lines were used to scare birds away from gear;

• limited longline season – operations were restricted each season to the period between 1 May and 31 August; and

• ‘brickle curtain’ – this device (designed and developed by Petuna Sealord Pty Ltd and subsequently adopted by CCAMLR), was used on the vessel Janas to discourage birds from accessing baits during the haul of longlines. The Avro Chieftain had a moonpool which negated the need to use a brickle curtain as the longline was hauled through the keel of the vessel.

8. Impacts of the fishery on the ecosystem

8.1. Results of Ecological Risk Assessments

AFMA commissioned CSIRO to conduct an “Ecological Risk Assessment for Commonwealth fisheries” which included the MITF demersal trawl fishery. One of the objectives of the project was to determine the relative sustainability risks in Commonwealth managed fisheries, considering target, bycatch and broader ecological impacts where possible.

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Based on the Ecological Risk Assessment (ERA) results AFMA prepared an Ecological Risk Management (ERM) report which concluded that there are no target, bycatch, byproduct or protected species considered to be at high risk from the effects of fishing in the MITF demersal trawl fishery given the suite of management and conservation initiatives that are in place for the fishery.

Habitats for this fishery were not assessed. However, there are significant areas of the EEZ around Macquarie Island that have been set aside as marine protected areas, which have been established under the National Representative System of Marine Protected Areas. The Macquarie Island Marine Park comprises almost one third of the EEZ around Macquarie Island and contains one of the world’s largest ‘no take’ areas. The Aurora Trough sector is the main trawl ground where the majority of the catch is taken and covers a total of 130 square kilometres. The Marine Park covers 162,000 square kilometres, from a total EEZ area of 476,000 square kilometres.

Under the Level 2 productivity/susceptibility analysis (PSA), 48 species were assessed as being at high risk including one target species, 41 byproduct species, three discard species and three threatened, endangered or protected (TEP) species. After the application of the Level 2 Residual Risk Guidelines, no species remained at high risk. An additional quantitative Sustainability Assessment of Fishing Effects (SAFE) Level 3 assessment of the impacts on the fishery also determined that no species were in the high risk category.

No protected species were considered to be at high risk, however consistent with AFMA’s ERM process all protected species that are interacted with in the fishery are managed to minimise interactions and fatalities.

While Macquarie Island is outside the area of the application of CCAMLR, there is a requirement for AFMA to ensure that management measures adopted in the MITF do not undermine the Conservation Measures applied by CCAMLR. Accordingly the MITF is managed consistently with the HIMI Fishery, which falls under CCAMLR jurisdiction.

CCAMLR’s approach to the conservation of Antarctic marine living resources is defined by Article II of the CCAMLR Convention. From the principles outlined in Article II, two central concepts have evolved to guide CCAMLR in carrying out its management responsibilities, namely:

1. management strives to follow a ‘precautionary’ approach. This means that CCAMLR collects the data it can, then weighs up the extent and effect of the uncertainties and gaps in such data before making a management decision. The approach aims to minimise the risk of long-term adverse effects rather than delaying decisions until all necessary data are available.

2. management also follows an ‘ecosystem’ approach. Ideally, this takes into account all the delicate and complex relationships between organisms (of all sizes) and physical processes (such as currents and sea temperature) that constitute the Antarctic marine ecosystem.

CCAMLR’s ecosystem approach therefore not only focuses on regulating fishing for certain species, it also aims to ensure that fishing does not impact adversely on other species that are related to, or dependent on, the target species.

The MITF demersal longline fishery will be assessed separately and CSIRO have been engaged to undertake this work. Should the project identify risks to bycatch to the environment not already being mitigated, appropriate management responses will be implemented.

AFMA will continue to monitor bycatch and interactions with TEP species. Effective monitoring programs and strategies to mitigate against interactions are in place to collect information to enable AFMA to adequately respond in a timely manner.

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8.2. Nature of impacts on the ecosystem

It is important to note that the biological reference points for Patagonian toothfish include a minimum escapement of spawning biomass. This escapement allows not only for reproduction, but also for trophic interactions within the food web.

Impacts on benthic communities

Impacts on benthic communities are an issue for bottom trawl fisheries. While recognising that these impacts occur in the MITF, AFMA considers that, based on current knowledge, the fishery does not significantly impact on the benthos for the following reasons:

• less than 1% of the Macquarie Island EEZ is fished, and within the fished areas benthic bycatch rates are low by comparison to total catch rates;

• the Aurora Trough sector is the main trawl ground where the majority of the catch is taken and covers a total of 130 square kilometres;

• the Macquarie Island Marine Park, part of the National Representative System of Marine Protected Areas, covers around 34% of the EEZ around Macquarie Island. The Marine Park covers 162,000 square kilometres, from a total EEZ area of 476,000 square kilometres; and

• trawl gear used in the fishery is designed to minimise benthic impacts.

The majority of the EEZ around Macquarie Island is not trawled because it is unsuitable trawl ground, due largely to the excessive depth. Of the areas that are shallow enough to trawl, operators tend to concentrate on areas that are known to hold assemblages of the target species. No fishing is permitted within the Macquarie Island Marine Park. In the areas that are trawled, the level of benthic bycatch in proportion to total target catch is low.

The longline trial was conducted mainly in the Macquarie Ridge sector. The fishing was generally focussed on the narrow topographic band north and south of the Island, in areas outside the Marine Park.

The relatively low TACs for toothfish compared to the HIMI Fishery means that fishing operations occur in over a limited time. Typically trawl operations have occurred over a single 4 to 6 week period. This has also been the situation for longline operations during the trial.

The following information is drawn from material provided in the ‘Macquarie Island Marine Park Management Plan’ prepared by the Department of the Environment and Heritage in 2001 (DEH, 2001).

In 1999, a cooperative research cruise was undertaken by CSIRO, FRDC, DEH and the fishing industry along the Macquarie Ridge. The research related to the Patagonian toothfish fishery and the benthic and pelagic fauna associated with the Macquarie Ridge. The researchers used a deep video system, trawling, acoustic soundings and an epibenthic sled. The cruise report ‘A study of the Conservation Significance of the Benthic Fauna around Macquarie Island and the Potential Impact of the Patagonian Toothfish Trawl Fishery’ (Butler et al, 2000) has made an important contribution to furthering knowledge and understanding of the pelagic and benthic habitats of the region.

The benthic survey revealed a relatively barren seabed with sparse benthic fauna inhabiting a predominantly rocky and often very steep substrate. In this regard, the geomorphology of the Macquarie Ridge seabed landscape is similar to the terrestrial landscape of Macquarie Island.

Samples of epibenthic invertebrate fauna show at least 102 species, of which ten are likely to be new to science. However, very few species are likely to be endemic to Macquarie Island as the area appears to be a biogeographic contact zone, having benthic fauna of mixed origins.

Some of the benthic organisms on the Macquarie Ridge are well adapted for survival in unstable benthic environments, and these species generally dominate habitats along the Ridge that are steep or composed of small rocky debris (Butler et al, 2000). These species tend to be small and may have reproductive strategies that allow them to grow and breed quickly between disturbances, or they have the ability to reposition themselves if necessary (Butler et al, 2000).

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Other benthic organisms may be more vulnerable to disturbances from demersal trawling and may not be able to grow quickly enough to reach maturity before being removed or are capable of repositioning themselves after being disturbed. The large size of some animals and the species richness observed on relatively stable substrata along the Macquarie Ridge suggest that the stability of the benthic environment allows more and slower growing species to prosper (Butler et al, 2000).

The nature of the physical contact that the fishing gear makes with the substrate is an important aspect to assessing the level of benthic impact in fished areas. A minimum bobbin diameter for the trawl gear footrope is in place for operators in the Fishery. This measure minimises benthic impacts by ensuring that the footrope is a minimum distance above the point of contact that the underside of each bobbin makes with seabed which ensures minimal contact between the trawl net and the benthos.

FRDC approved a project (commenced 1 July 2006) to investigate ‘Demersal fishing interactions with marine benthos in the Australian EEZ of the Southern Ocean: an assessment of the vulnerability of benthic habitats to damage by demersal gears’. The development of underwater camera technology which can be attached to the fishing gear (trawl, longline and pot) is a key aim of the project along with assessment of benthic interactions of the differing gear types. The final report is due in July 2011, and the outputs and implications will be discussed by SARAG and SouthMAC at that time.

8.3. Management action taken to reduce impacts

The management of the fishery is based on CCAMLR’s ecosystem management principles with additional controls imposed by AFMA. The following management actions are in place to minimise impacts to ecosystems:

• limitation to no more than three vessels operating in the fishery at any one time;

• minimum bobbin diameter and rubber disc sizes to reduce the impact of the fishing gear on benthic habitats and bycatch of sessile organisms;

• during the longline trial, adoption of a range of best practice seabird bycatch mitigation strategies including night setting, seasonal closures, use of integrated weight lines, paired streamer lines and ‘brickle’ curtain;

• a nil offal discharge policy, to avoid the effects that provisioning could have on wild animals and to avoid the attraction of animals to the boats;

• restrictions on plastic packaging bands, avoiding any possible impact these bands may have on wild animals;

• a requirement that all plastic is burned and that plastic residue must not be discarded at sea to avoid wild animals having any interactions with plastic from the fishery;

• a restriction on the discharge of poultry products or brassicas to avoid the introduction of avian diseases and non-native plants; and

• operators are required to make attempts to retrieve any lost gear

9. Progress in implementation of recommendations and conditions resulting from the previous assessment of the fishery

9.1. Progress in implementing each recommendation and condition

The table at Attachment A outlines the progress made against the recommendations and conditions of the assessment as at 30 June 2010.

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10. References • Butler, A., Williams, A., Koslow, T., Gowlett-Holmes, K., Barker, B., Lewis, M. and Reid, R.,

2000, A Study of the Conservation Significance of the Benthic Fauna Around Macquarie Island and the Potential Impact of the Patagonian Toothfish Fishery. Final report to Environment Australia. CSIRO Marine Research.

• Constable, A.J., Williams, R., Tuck, G. N., Lamb T. and Morrison S., 2001. Biology and growth of toothfish. In He, X. and Furlani, D (Eds.). Ecologically sustainable development of the fishery for Patagonian toothfish (Dissostichus eleginoides) around Macquarie Island. (FRDC Project no. 97/122).

• DEH, 2001, Macquarie Island Marine Park Management Plan. Department of the Environment and Heritage.

• FAO, 1987, FAO Catalogue of Small Scale Fishing Gear – Second Edition, Surrey, England: Fishing News Books.

• Robinson, S. and Scott, J. 1999. Marine Conservation at Macquarie Island 1999: An Update of the Report ‘Marine Conservation at Macquarie Island: a Marine Conservation Strategy and an Account of the Marine Environment by J. Scott, 1994’. Parks and Wildlife Service, Tasmania.

11. List of acronyms AAD - Australian Antarctic Division

AFMA - Australian Fisheries Management Authority

CCAMLR - Commission for the Conservation of Antarctic Marine Living Resources

CSIRO - Commonwealth Scientific and Industrial Research Organisation

EPBC Act - Environment Protection and Biodiversity Conservation Act 1999

EEZ - Exclusive Economic Zone

ERA - Ecological Risk Assessment

ERM - Ecological Risk Management

FAP - Fisheries Assessment Plan

FRDC - Fisheries Research and Development Corporation

HIMI - Heard Island and McDonald Islands

ICVMS - Integrated Computerised Vessel Monitoring System

IUU - Illegal, unreported and unregulated

IWL - integrated weight line

MITF - Macquarie Island Toothfish Fishery

MITF Plan - Macquarie Island Toothfish Fishery Management Plan 2006

MSE - Management Strategy Evaluation

PSA - Productivity Susceptibility Analysis

SAFE - Sustainability Assessment of Fishing Effects

SARAG - Sub-Antarctic Resource Assessment Group

SouthMAC - Sub-Antarctic Fisheries Management Advisory Committee

SFR - Statutory Fishing Right

TAC - total allowable catch

TAP - Threat Abatement Plan

TEP - Threatened, Endangered or Protected (species)

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Attachment A

Recommendations to the Australian Fisheries Management Authority (AFMA) on the ecologically sustainable management of the Macquarie Island Toothfish Fishery (MITF)

Exempt – 28 November 2005 to 28 November 2010

Performance criteria Level of achievement as at 30 June 2010 Deadline

1.AFMA to advise the Department of the Environment and Heritage (DEH) of any material change to the MITF management arrangements that could affect the criteria on which the Environment Protection and Biodiversity Conservation Act 1999 (EPBC) Act decisions are based, within 3 months of that change being made.

Achieved.

The Macquarie Island Toothfish Fishery Management Plan 2006 (the MITF Plan) was accepted by the Minister for Fisheries, Forestry and Conservation on 9 February 2006. Statutory Fishing Rights (SFRs) have been granted and the Plan became fully operational from 1 July 2007.

The MITF Plan was amended in June 2009 to change the season dates following a period of public consultation. The season start date was changed from 1 July to 15 April and came into affect on 15 April 2010. AFMA notified the Department of Environment, Water, Heritage and the Arts (DEWHA) and approval was received.

AFMA notified DEWHA of the longline trial and the conditions of operation. DEWHA approved of the trial proceeding.

Ongoing

2.AFMA to identify and implement management responses to fishing impacts identified from the Ecological Risk Assessment (ERA) process, with the timeframe for implementation commensurate with the level of risk identified by the ERA or other relevant research on target, byproduct, bycatch or protected species interactions.

Achieved.

Based on the Ecological Risk Assessment (ERA) results, AFMA prepared an Ecological Risk Management (ERM) report which concluded that there are no target, bycatch, byproduct or protected species considered to be at high risk from the effects of fishing in the MITF demersal trawl fishery given the suite of management and conservation initiatives that are in place for the fishery.

CSIRO have been engaged to undertake a SAFE level 3 assessment of the MITF demersal longline fishery.

Completed for trawl operations

The assessment for longline operations is expected by 30 June 2011.

3.AFMA to monitor interactions with protected species, in particular seabirds, to ensure that risk of interactions do not increase due to changes in the levels of effort, fishing capacity or methods such as additional boats entering the fishery or the use of longlines. In the event that risk levels increase or cumulative effects are detected then AFMA should develop and implement further mitigation measures as a matter of highest priority. In the event of an interaction occurring with a Critically Endangered species then additional mitigation measures should be immediately adopted to prevent further interactions.

Achieved.

All fishing operations are monitored by AFMA observers who are present on all voyages.

No seabirds have been killed as a result of interactions with fishing gear in the MITF since fishing commenced in 1994.

A longline trial commenced in August 2007 under a range of strict environmental measures and bycatch limits on seabird. Mitigation measures included no offal discharge, night setting, a limited season and the use of integrated weight lines. No wildlife interactions were reported by the two observers present on the vessel during the four years of the longline trial.

Ongoing

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Performance criteria Level of achievement as at 30 June 2010 Deadline

4.AFMA to continue to pursue best practice in the mitigation of interactions with protected species by monitoring the effectiveness of mitigation measures, in all sectors, and implement where relevant, any new mitigation measures in the MITF that may be developed in other fisheries.

Achieved.

No seabirds or marine mammals have been observed as being killed as a result of interactions with fishing gear since operation began in 1994. Two observers are present on each voyage. The no offal discharge requirement is the key mitigation strategy.

SARAG and SouthMAC continue to monitor these interactions in line with the requirements of the Antarctic Fisheries Bycatch Action Plan 2003.

Ongoing

Summary – the management arrangements for the Fishery are similar to those adopted in the Heard Island and McDonald Islands Fishery. The management arrangements meet all the requirements of the Ministerial Direction and are considered to be best practice. The arrangements include the use of harvest strategies, an extensive tag recapture program, no discarding and observers present on all voyages.