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Page 1: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

2011–2012

Page 2: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

Brad adams (Chair)Brad is a third generation fisherman from Augusta. Brad was a professional abalone diver for 12 years. He is currently CEO of Ocean Grown Abalone Pty Ltd, an aquaculture company developing in-sea abalone aquaculture farms. He is also the CEO of Two Oceans Seafoods Pty Ltd – a seafood processing, wholesale and retail business in Augusta.

Brad has tertiary qualifications in Biology, Aquaculture and Business (MBA). He has a strong interest in Research and Development and currently chairs WAFIC’s RD&E committee.

Brad’s vision is for WAFIC to be seen by the seafood industry and government as a strong and united representative organisation that is responsive to the needs of industry and is focussed on obtaining outcomes that deliver tangible gains to the seafood industry.

James Paratore (ViCe Chair)James has been actively involved with the Rock Lobster Industry since he was 12 years old working with his Father on fishing boat ‘Vanessa James’. His family has been involved with Western Rock Lobster fishing since the 1960’s, and his extended family still ply their trade in Italy using different forms of fishing.

James possesses a diverse background, the most prominent example being his other career choice, where in 2004, he completed a Bachelor of Pharmacy at Curtin University.

In 2008, he was elected to represent C zone on the Board of the Western Rock Lobster Council and was elected to the WAFIC board in 2009.

He sees his appointment to this leadership role as a chance to promote the industry’s link between a very proud Western Australian fishing community, serving to realign and promote its duty as custodians of the ocean, and guarantee its role as ambassadors of a wider Seafood Industry. He looks forward to helping shape a new and prosperous path for the entire Western Australian Seafood Community.

James is also a member of WAFIC’s Research, Development and Extension committee.

GeorGe KailisGeorge Kailis is Professor of Management at the School of Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and community experience. He was Managing Director of the M.G. Kailis Group one of Australia’s largest fishing and aquaculture businesses from 1992-1999.

Special interests are held in the areas of the environment, fisheries management and strategy. Professor Kailis has been a Director of both the Fisheries Research and Development Corporation and the Australian Fisheries Management Authority. Ongoing positions held by Professor Kailis include directorship of the M.G. Kailis Group and the Australian National Centre for Oceans and Resource Security.

George is also chair of the WAFIC Resources and Access and Native Title Steering committees.

damien BellDamien has extensive experience across a range of WA commercial fishing and aquaculture industries including the Western Rock Lobster industry, pearl and aquaculture production, mussel farming and currently owns and operates a license in the West Coast Estuarine Fishery of the Peel-Harvey Estuary.

In addition to his commercial fishing industry experience, Damien has also worked as a Marine and Aquaculture Workplace Training and Assessor for the Central West College of TAFE, Aquaculture Liaison Officer for the Department of Fisheries and provided assistance in the initial marine environment review and assessment for the Gorgon Project.

Currently, Damien is the President of the Mandurah Licensed Fishermen’s Association (MLFA), which has taken proactive measures to ensure the long-term sustainability of their fishery and the future security of its members and their families.

Damien is also chair for the Building Community Support committee and a member of the WAFIC Research, Development & Extension committee.

John hutton John is currently a shareholder and director of Marine Produce Australia Ltd, a company involved in barramundi aquaculture at Cone Bay in the Kimberley region. This venture is Western Australia’s most significant seafood aquaculture project. He is also a director of Maxima Pearling Company Pty Ltd and a member of the Pearl Producers’ Association. John is a member of WAFIC’s Audit committee.

Glenn diBBinGlenn has extensive experience in mussel aquaculture over the past 21 years and is a working partner in a Mussel Farm in Cockburn. He is a founding partner in Blue Lagoon Mussels, Western Australia’s leading mussel producer and serves as Chair of the Western Australia Mussel Producers’ Association.

He has represented industry on the Cockburn Sound Management Council since its inception around eight years ago.

He has previously worked in Western Australia and the Abrolhos Islands in the scallop, rocklobster and prawn commercial fishing sectors.

Glenn is also a member of the WAFIC Audit and Building Community Support committees.

Kym CoffeyKym has experience with a diverse range of commercial fishing, pearling and aquaculture industries in Western Australia and the Northern Territory, particularly around fisheries management, policy, resource access and multi-user marine areas.

Kym has worked in the commercial fishing industry since 2002 and currently works for Paspaley, the largest producer of Australian South Sea pearls and one of the worlds only vertically integrated south sea pearling operations. In addition to pearling, Kym’s work extends to other areas within the Paspaley Group, in Australia and overseas and includes aviation, retail, marketing, rural industries and intellectual property.

She has a background and specialist expertise in negotiation, native title and indigenous agreements. Her qualifications include post graduate studies in marine resource management. Kym is presently a member of the Pearl Producers Association and the WAFIC Native Title and Resource Access Committees.

BruCe CoCKmanBruce has been involved with fishing his whole life and has skippered a lobster boat in B zone for the past 25 years and with the change of the lobster fishery to quota now fishes A and B zone.

Bruce is also involved in the west coast shark fishery and the wet line fishery and has fished in the Shark Bay Snapper, Shark Bay blue Swimmer crab and deep sea crab fisheries.

Bruce is currently the president of the Dongara Professional Fishermans Association.

Bruce is also a member of the WAFIC Resource Access and Audit committees.

Clayton nelsonClayton has been involved in the fishing industry since 1980. Clayton has primarily been involved in the Northern Prawn Fishery and the North West Shelf Trawl Fishery and he was an executive director of Deep Sea Fisheries Ltd and the Tiger Fisheries Group of companies.

Clayton is now the principle of Jamaclan Marine Services. Jamaclan provides consultancy services to both State and Commonwealth fishing companies. Clayton is also a director of One Sea Pty Ltd a Fremantle based fishing company.

Clayton is also a member of WAFIC’s Audit and Resources Access committees.

Board of Directors

Page 3: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

Board of directors ifc

Wafic: our Vision 2

from the chairman 3

from the ceo 6

national representation 9

third party certification 10

marine steWardship council 11

Commonwealth marine BioreGional PlanninG 12

Industry Assistance 14

saVe our seafood luncheon 15

seCurinG aCCess, sustaininG the resourCe

Marine Planning – State 16

Eighty Mile Beach Marine Park 17

North Kimberley Marine Park 17

Integrated Fisheries Management 17

WA’s Demersal Gillnet and Demersal Longline Fisheries 17

Cancellation of Managed Fishing Licences (MFL) 18

Fisheries Specific Representations 18

fish eye 19

BuildinG Community suPPort Survey Results 20

natiVe title Yawinya (Nyangumarta-Karajarri Overlap) Consent Determination 22

South-west Alternative Settlement 22

Review of funding for respondent party participation in native title 22

WAFIC’s participation in native title 22

seanet Bycatch Reduction 23

South Coast NRM Project 23

researCh, deVeloPment and extension

Overview 24

Seafood in schools 24

European Seafood Expo 24

Minimum Effective Regulation 25

Electronic Reporting 25

Industry Liaison Officer - Working with industry 25

Professional Fishermen’s Certificate 26

Facilitating industry development FRDC initiatives 26

Cooperative Research Centre (CRC) initiatives 26

safety, eduCation & traininG The New Single National Jurisdiction for Marine Safety 27

Safety, Education & Training 28

Interaction at Sea DVD 28

Virtual Aids to Navigation (VAtoN) 28

aPPendiCes appendix 1 29

Organisational chart

appendix 2 30

WAFIC Committees

appendix 3 31

2011-2012 Submissions & representations

appendix 4 33

Research and Development projects (Current or completed in 2011-12)

appendix 5 35

WA Coastal Native Title Determinations and Outcomes

Contents

Page 4: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

2 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

our Vision

WAFIC: Our Vision

To represent a sustainable and united industry that is confident:

ff of resource sustainability and security of access;

ff of cost-effective fisheries management;

ff that our businesses can be operated in a safe, environmentally responsible and profitable way; and

ff that investment in industry research and development is effective and efficient.

WAFIC is the peak industry body representing commercial fishing, pearling and aquaculture industries and seafood processors and exporters in Western Australia.

Page 5: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

3Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

My first year as Chairman of WAFIC has been an exciting one, with many challenges. Reflecting on the past year I can see that it has been one of consolidation, implementation and adaptation to a number of new initiatives and policy changes that have had significant impacts on the fishing industry in Western Australia.

The Marine Parks Plans both at a Federal and State level will require the restructure of a number of WA fishing businesses. It is still difficult to comprehend that our Governments see the need to close off large areas of ocean under the guise of ‘protecting unique features and biodiversity’. The sanctuary zones proposed only amount to a lock out of the fishing industry – an industry that is the world leader in sustainable fishing practices, with no plan or funding in place to manage or police these vast areas. Will these areas become ‘recreational fishing parks’ or be plundered by international fish pirates as the authorities that enacted them forget them? Only time will tell as the industry that has managed those areas responsibly for the past 50 years is excluded and with no presence to report illegal activity as they have in the past.

The fishing industry came together at a national level to fight the proposals, with WAFIC having a leading role in negotiating the final outcome. An outcome that significantly reduced the impacts of the initial Government proposals. The fight now turns to ensuring that those fishermen and businesses impacted are fairly compensated to allow fishermen to either exit with dignity or restructure their businesses to enable future security.

It seems the fishing industry has lost its social license to operate in the minds of the community. With this in mind WAFIC commissioned research to determine if this was indeed the case. A key finding of the research found that the WA community preferred

to purchase local seafood, but was unsure if the WA industry was sustainable. This is where industry has the opportunity to educate the public. Over the past year WAFIC rolled out a campaign to educate the WA community of the fishing industry’s sustainability credentials. Refer to the report by the Building Community Support Committee on the work WAFIC has been doing in this area.

Third Party Certification of WA Fisheries is an initiative that was announced by Minister Moore earlier in the year. I applaud the Governments foresight in providing funding for this initiative. I can tell you that the Marine Stewardship Council (MSC) has been nominated as the independent certifying body for this initiative. MSC is universally accepted as the most credible third party fisheries’ certifying body. Once and for all Third Party certification of our fisheries will prove beyond doubt to the community that WA manages its fisheries to the highest sustainability standards in the world. The WA and international seafood consumer that supports WA produced seafood can be not only be confident of receiving a quality product, but one that is internationally recognized as meeting worlds best practice in regards to sustainability. Having this social license to operate in the minds of the WA public is essential to retaining access to our fishing resources and third party certification of our fisheries is crucial to achieving that.

from the Chairman

The fight now turns to ensuring that those fishermen and businesses impacted are fairly compensated to allow fishermen to either exit with dignity or restructure their businesses to enable future security…

chairman Brad adams

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4 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

ConsultationMany of you will have met with Angus Callander this year in his role with WAFIC’s consultation unit. Angus’ team now does consultation on management plans with licence holders that was previously conducted by the Department of Fisheries. Early feedback I have had on this new process is encouraging with a number of fishers having met for the first time in a number of years to discuss issues surrounding their fishery. In future fishers will have a set timetable for these annual meetings and these annual meetings will be a feature of all WA fisheries. They are opportunity to not only discuss amendments to management plans but a forum that brings fishermen together to discuss issues and ideas.

industry rePresentationThe WAFIC board has resolved to review its membership base. I believe the current membership system where an individual company member has the same vote as a PFA or sector association that has a number of members is inequitable. Under the new electronic reporting system being developed by DoF (Fish eye) a unit register detailing ownership of entitlements will be established. It is from this register that WAFIC proposes that its membership base is drawn from – representative of all stakeholders in the fishery. It is anticipated that a resolution will be put to the WAFIC members to expand the membership base when the unit register is established sometime in 2013.

The board is also seeking to increase the professionalism of the board by giving the board the power to appoint up to two independent directors if required. A motion will be put to members at this AGM in this regard.

fisheries PoliCy statementIn March this year the WA Government Fisheries Policy Statement was released. It is an important document in many regards, but in my opinion the most important statement within the document was with regard to access rights:

“The WA Government will work with the fisheries sectors to implement effective access rights to provide certainty with regard to long-term access. The importance of access rights in underpinning successful fisheries management has become increasingly accepted. Secure access rights engender confidence and encourage private investment in improving the value of the resources as well as fostering stewardship, innovation and efficient use of resources in the long-term.

The WA Government will work with the fisheries sectors to implement effective access rights to provide certainty with regard to long-term access. The importance of access rights in underpinning successful fisheries management has become increasingly accepted. Secure access rights engender confidence and encourage private investment in improving the value of the resources as well as fostering stewardship, innovation and efficient use of resources in the long-term.”

Providing business with security of tenure is one the most important things Government can do. Well-defined access rights will attract investment to the fishing industry to ensure that the industry remains viable and profitable into the future. WAFIC will be working closely with Government to ensure access rights are strengthened.

The WA fishing industry needs to be united to deal with the challenges, threats and opportunities before us. minister moore, Brad adams, rupert howes at the msc launch

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5Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

new Ceos

I welcome Mark Tucek to the WAFIC organization as CEO. Mark comes to the fishing industry with previous experience in a similar capacity in agriculture. I am confident that Mark will be a leader who will rigorously pursue the interests of the WA seafood industry with integrity and vision.

I also welcome John Harrison to the WAFIC offices as CEO of the WRLC. John has previously represented both recreational and commercial fishing peak bodies around Australia and is well placed to represent the interests of the Rock Lobster industry with his extensive experience and knowledge of fishing issues.

The WA fishing industry needs to be united to deal with the challenges, threats and opportunities before us. Having a central office at Fremantle where industry representatives and stakeholders can come together to work, meet and exchange ideas has I believe proved to be a positive benefit of WAFICs move to Fremantle.

2013I am proud of WAFICs achievements over the past 12 months. I thank the staff, WAFIC Board members and the Sector Bodies for their good work, support and assistance over the past year.

2013 will see much change. There is a new Fisheries Act, the implementation of Fish eye, a new management plan for WRL quota, Marine Parks both Federal and State will be enacted, pre-assessments for MSC certification and we have a State Election in March from which we receive a new Minister of Fisheries. I intend to stand for another 1 year term and assure that if elected I will serve this industry that I have spent my whole career in to the best of my ability.

Brad AdamsChairman

sustainable fisheries sustainable futures

Western Australia’s commercial fishing industry uses sustainable fisheries management practices to ensure our unique marine environment is preserved for future generations.From Jurien to Cape Leeuwin, Western Australian octopus is fished using innovative new technology. An ABC New Inventors winner, the unbaited shelter and trigger pot protects other marine life as octopus are caught and minimises the impact of octopus fishing on sea grass and the rest of our unique marine environment.

Our local fishing industry provides an example to the world of how fisheries can be sustainably managed.

www.sustainablefisherieswa.com.au facebook.com/sustainablefisherieswa twitter.com/wafisheries

Western Australia’s award-winning silcon-baited octopus pots protect our unique marine environment.

Octopus are processed locally, before being distributedto restaurants and retailers across the country.

The next time you enjoy local marinated octopus, you willbe supporting sustainable fishing practices in WA.

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SUSTAINABLE OCEANSsustainable fisheries

A2 WAFIC sustainable fisheries Octopus poster 29022012.indd 1 29/02/12 3:15 PM

examples of Wafic’s new promotional campaign to raise awareness of the sustainable fishing practices of the industry and its importance to regional economies

Western Australia’s commercial fishing industry uses sustainable fisheries management practices to ensure our unique marine environment is preserved for future generations.Western Australia’s Western Rock Lobster fishery was the first fishery in the world to be certified as ecologically sustainable by the Marine Stewardship Council.

Stretching from Carnarvon to Augusta, strict catch limits have been adopted to ensure the sustainability of the lobster fishery and the balance of the marine environment.

Our local fishing industry provides an example to the world of how fisheries can be sustainably managed.

www.sustainablefisherieswa.com.au facebook.com/sustainablefisherieswa twitter.com/wafisheries

WA’s lobster fishery was the first fishery in the world to be MSC accredited for sustainability.

Lobster are processed locally, before being distributedto local and international restaurants and retailers.

The next time you enjoy lobster, you will besupporting sustainable fishing practices in WA.

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iasustainable fisheries sustainable futures

SUSTAINABLE OCEANSsustainable fisheries

A2 WAFIC sustainable fisheries posters 26032012.indd 2 28/03/12 3:38 PM

Page 8: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

6 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

from the CEO

2012 saw a hand over of the position of CEO to Mark Tucek in June, with Guy Leyland serving in this role for most of the year.

Matters that dominated the year included: continued consultation around the proposed network of marine reserves by the Commonwealth and the Western Australian Government’s proposed marine parks at Camden Sound and at the Capes; settling funding arrangements with the sector bodies; bedding down staffing and governance arrangements for the Service Level Agreement on consultation; participation in the development of Fish eye; building community support program; input into the Government’s Fisheries Policy; and various inputs into proposed marine infrastructure proposals as a result of the resources boom.

The highlight of the year was the announcement by Fisheries Minister Moore of substantial Government funds being made available to facilitate interested fisheries pursuing third party certification to validate good practice. This initiative is ground breaking and has attracted interest from around the world.

serViCe leVel aGreement – ConsultationThe SLA business unit is now operational with the appointment of Angus Callander as the Consultation Executive Officer and Simone Johnson as Administration Officer. Rod Warren, partner in the Fremantle boutique law firm Warren Syminton Ralph, has been appointed to chair the Governance Advisory Committee. The Committee held its first meeting on 27 June and made a number of recommendations in respect to the operations of the unit. Despite some early teething problems the unit is now operating smoothly.

funds for rePresentationWAFIC’s income for 2011/12 was mostly derived from government’s contribution equal to 0.5% of each fisheries GVP. After honoring commitments to sector body funding WAFIC’s income equated to just over $1.26million.

The majority of these funds were devoted towards the Resource Access portfolio, which included representational activities associated with Commonwealth and State Marine planning and associated national representation.

I am pleased to report a healthy surplus of $207,882 for 2011/12, which is largely due to increased interest received on funds held from the sale of the Osborne Park office plus savings due to vacant staff positions.

The 2011/12 audit report contains a qualification statement based on individual statements being presented for projects including Fish eye, Building Entrepreneurship in Small Business Program, SLA, IDU and Native Title projects rather than an overall consolidated statement of WAFIC’s financial position. This approach is consistent with the manner that WAFIC’s accounts have been presented in recent years (where the auditors did not make such qualifying statements) as it was thought this gave Members the clearest picture of WAFIC’s financial position. WAFIC will work with its auditors to review the manner in which accounts are presented in 2012/13.

seCtor Body fundinGIn November 2011 the WAFIC Board settled on a formula for allocating a percentage share of the government funding for industry representation. The formula was determined after input from the Western Rock Lobster Council, WAFIC members at the WAFIC AGM in 2011 and a suggestion by the Minister for Fisheries in mid 2011.

chief executive officer mark tucek

Page 9: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

7Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

Previously sector body funding allocations had followed determinations made by the Minister for Fisheries under a formula that had been in use for a number of years.

The formula that will apply from 1 July 2012 provides for 25% of WAFIC’s income via the Department of Fisheries to be allocated to the designated representative body for that sector for representation. Under this new formula the Western Rock Lobster Council will have considerably more funds available to it for lobster related representations.

Under the new funding arrangements WAFIC also receives revenue from water lease fees from aquaculture. The Board also made the decision to fully allocate the water lease revenue to the Pearl Producers Association given that their source of funding had been dramatically reduced under the GVP model and in recognition of the past generous contributions to WAFIC for representational activities. In regard to non-pearling aquaculture in the reporting period the Board had not yet settled on providing ongoing funding assurance to the Aquaculture Council of WA beyond June 2012.

marine stewardshiP CounCilWith the announcement by the Minister for Fisheries that the Marine Stewardship Council (MSC) standard for sustainable fishing is the Government’s choice to provide independent validation of both industry practices and the Government’s stewardship of WA’s marine resources the challenge for those participating fisheries and WAFIC is to capitalize on this initiative in the public arena and markets.

To gain the full benefits will require the formation of partnerships with retailers and moderate conservation

non-government organisations such as the World Wildlife Fund (WWF). The WWF has been highly supportive of the State’s Third Party Certification initiative and the MSC in particular. Discussions have begun about potential financial contributions by WWF to WAFIC for joint promotional activities. In addition, work will begin on ways to facilitate chain of custody for MSC certified marine products into the marketplace.

marine PlanninG- adJustmentCommentary on the status of marine reserve planning at a Commonwealth and State level is provided elsewhere in the report. In addition WAFIC is in discussion with several oil and gas proponents on addressing the impacts of industrial developments on the fishing industry.

With the expected declaration of new marine reserves combined with the impact of industrial development in the Kimberley, mechanisms to address these impacts are under consideration. These include a $100 million commitment from the Commonwealth Government for adjustment due to the declaration of the Commonwealth’s network of marine reserves around Australia; the coming into operation of statutory compensation to affected fishers due to the declaration of several State marine parks under the Fishing & Related Industries compensation (Marine Reserves) Act; and the use of mechanisms under the Fisheries Adjustment Scheme Act to compensate affected fishers due to industrial development.

Whilst the details of these schemes have yet to be worked through WAFIC in consultation with the industry will need to determine what action and resources are required towards assisting affected industry through these processes including the potential for harmonization of several of these processes.

don hancey, neil perry, dan masters at the msc launch

Page 10: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

8 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

western australian GoVernment fisheries PoliCy statementIn March 2012 the Minister for Fisheries announced the adoption of a definitive Fisheries Policy Statement.

The policy sets out a comprehensive position of the State government on the objectives for managing fisheries in the State. Thus it provides greater certainty to the industry and the community on how Government will apply fisheries legislation in pursuing those objectives. It gives commitments in regard to secure access rights, resource allocations and sharing, the planning principles that will be applied for proposed marine reserves, the application of compensation for the effects of marine reserves or other marine developments where commercial fishers are displaced, the principles of equity which will be applied to licence holders in the event of changes to management plans and commitments in regard to assisting and facilitating the growth of aquaculture in the State.

This is an important document in that for the first time, in one document, we have set out the policies that will be applied and these are generally highly supportive of an environment which will encourage a profitable and sustainable fishing industry to flourish in WA.

fish eyeWAFIC is fully engaged in the development of an integrated electronic fisheries management system with “on line” services for the industry through WAFIC consultants John Nicholls (governance and value for money) and Leith Pritchard (consultation and extension to the industry).

The project is on track with pilot testing of the proposed functionality of particular services and applications for mobile devices for catch and effort returns.

A more detailed report is set out on page 19 of this report.

a new fisheries aCtWhilst WAFIC has remained engaged with the Department of Fisheries on the framework for the new Act, due to delays from the parliamentary draftsman we have yet to see a draft of the provisions of the new Act. It is expected that the Bill will be introduced into Parliament late this year, but debate and the passage of the Bill will occur after the State Election in March.

staffWAFIC seconded Martin Holtz for around 8 months from the Department of Fisheries to facilitate industry engagement with the planning for the Commonwealth Marine Bioregional Plans for the South West and North West. Martin worked closely with Jeff Moore, the industry liaison officer, who was engaged to act on behalf of WAFIC, Wildcatch SA and Commonwealth Fisheries Association. Martin rejoined the Department in January 2012.

Katie Phillis, after working at WAFIC for 4 years as our Native title Officer and Special Projects Officer left us in July to pursue new opportunities in Melbourne with Native Title Services Victoria. Katie’s departure is a loss for WAFIC’s capability and she will be difficult to replace over the short to medium term.

Belinda Eldridge, WAFIC’s receptionist, left us in December to pursue a musical career with her band. Kaye Bell rejoined WAFIC in June of this year after an absence of several years. We were pleased to welcome Kaye back.

summary2011-12 was an exceptionally busy and challenging year. Marine Reserve planning took up a large chunk of WAFIC’s resources. The fall out from the outcomes of these processes will require significant management time as we move into ensuring that fair and equitable adjustment schemes are put in place for affected fishers.

The $14.5 million commitment for third party certification for participating fisheries is a significant opportunity for the industry to engage with the community with a powerful tool. Ensuring we maximize the benefits that certification can bring will be challenge that WAFIC will be working with participating fisheries to realize.

I would like to thank WAFIC members, the Board and staff for their hard work and commitment to the betterment of industry. We aim to deliver sound representation for industry in 2012-13.

Mark Tucek Chief Executive Officer

The policy sets out a comprehensive position of the State government on the objectives for managing fisheries in the State. Thus it provides greater certainty to the industry and the community on how Government will apply fisheries legislation in pursuing those objectives…

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9Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

a new ChairKatherine Sarneckis has vacated the position of Chair of the National Seafood Industry Alliance (NSIA) and a new Chair elected. Graeme Turk, Managing Director of the Sydney Fish Markets was appointed to the role of Chair. Graham has indicated that he will step down at the NSIA Annual General Meeting in November.

nsia PrioritiesMuch of the activities for the year have been dominated by coordination at a national level of industry representation on the Commonwealth Government’s Bioregional Marine Planning initiative. This has involved representation to the Government and Opposition at a political level as well as representations to the responsible Government Department.

Additional matters the NSIA has pursued include development and launch of Seafood for Australia website and representations on: Country of Origin Labeling, National Food Plan, National system for Commercial Vessel Safety and the development of

a common language in discussing “industry sustainability”.

The Alliance comprises officers of the following organisations:

ff Western australian fishing industry council (ceo: mark tucek)

ff commonwealth fisheries association (ceo: trixi madon)

ff national aquaculture council (chair: pheroze Jungalwalla)

ff new south Wales seafood industry council (chair: Graham turk)

ff northern territory seafood industry council (Katherine sarneckis)

ff Queensland seafood industry council (ceo: Winston harris)

ff seafood industry Victoria (ceo: renee Vajtauer)

ff tasmanian seafood industry council (ceo: neil stump)

ff Wildcatch fisheries south australia (chair: Jonas Woolford)

National Representation

nsia strateGiC Plan

nsia oBJeCtiVes

The NSIA has developed a strategic plan with the following priority areas:

ff sustainability;

ff resource access;

ff federal costs impacts;

ff improving industry profile; and

ff rd&e investment

The objectives of the NSIA as set out in its constitution are to:

ff to promote the interests of the seafood and fishing industry;

ff to develop national strategies to secure the long term future of the seafood and fishing industry; and

ff to promote and enhance the profile of sustainable seafood production.

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10 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

Over the last year proposals from the State and Commonwealth Governments for large no take marine reserves larger than the total area of South Australia have posed a threat to the livelihoods of Western Australian fishing businesses. This threat has been compounded by well-funded extreme conservation organisations running slick and sustained public campaigns arguing that fisheries management regimes had failed and strong Government intervention was required in the form of no take marine reserves in the order of 30% of marine areas off WA.

Polling by WAFIC showed that these campaigns had gained traction in the WA community by high levels of support for no take marine reserves. However this polling also revealed that there was a high level of support for the WA fishing industry conditional on the industry demonstrating sustainability:

In addition to these matters Coles and Woolworths announced that their long term seafood procurement policies will be based on only sourcing seafood from fisheries certified by the Marine Stewardship Council (MSC). Experience elsewhere around the world has shown that once the retail sector makes such commitments pressure is applied onto producers to conform. However what is also evident is that these shifts can result in the formation of very strong commercial partnerships with producers through the supply chain.

As a result of these strong trends and influences it was apparent that the WA fishing industry needed to reposition itself in the public arena if it wishes to maintain access to fish stocks. This resulted in representations to the Premier, Ministers for Fisheries and Minister for the Environment for financial support to enable those WA fisheries that wished to become certified with the means to do so. It was also stressed that certification of WA fisheries would also have benefits for the Government in that independent audits would demonstrate that the Government was discharging its stewardship role of ensuring responsible and sustainable use of public resources.

These representations were successful with the announcement by the Minister for Fisheries of $14.5 million to fund a program that will allow interested WA commercial fisheries to seek third party sustainability certification.

Third Party Certification

“ Sustainability is the key and getting the sustainable management of WA fisheries into general knowledge is an important goal. This will be a long term process and require information and reinforcement from many directions including Government, industry, retail and education” (australian community research “focus Group research commercial fishing in Wa”, July 2011)

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11Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

Marine Stewardship Council

Following a process of due diligence on third party certification schemes in the market, the Minister for Fisheries had chosen the Marine Stewardship Council (MSC) as being the preferred supplier of independent validation of good practice of individual Western Australian fisheries management regimes.

MSC certification is a science based, independent third party verification and recognition of sustainability, compliant with the United Nations Food and Agriculture Organisation guidelines on ecolabeling, fully transparent and open for substantial stakeholder participation and, through independent reviews of fisheries third party certification schemes, has been identified as the most credible indication of sustainability on the market.

Currently there are 285 fisheries engaged in the MSC program. This represents close to 10 million metric tonnes of seafood or over 11% of the annual global harvest of wild capture fisheries.

From the experience of other MSC certified fisheries from around the world the benefits of MSC certification include:

ff credible and defendable sustainability claims

ff secure access to markets

ff new markets

ff potential for higher prices

ff security of access to fishing grounds

ff provides a foundation for commercial partnerships

ff encourages business and market innovation

ff Builds capacity in regions

ff creates pride in regional fisheries

The details of the roll out of this initiative have yet to be detailed however $6.5 million will be available for covering the MSC assessment and annual audit costs. Participation in the MSC program is voluntary.

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12 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

November 2011 completed the public consultation phase on the Commonwealth Government’s proposed network of SW and NW marine reserves in November 2011 including industry submissions (see www.seafoodforaustralia.com.au website).

In February 2012 the Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) called a meeting with the SW Industry Reference Group (Commonwealth, South Australian and Western Australian fishery representatives) at which a refined zoning scheme was unveiled and industry input invited. Whilst the proposed refined zones were an improvement on the published proposals new zones were proposed that impacted on fisheries that previously had been excluded. Subsequently further consultation was initiated by WAFIC with these affected fisheries.

In May 2012 SEWPaC Minister Tony Burke held meetings with industry around Australia to assist him to determine his settled position on the design of the network. The Western Australian members of the SW Industry Reference Group met with him

in Perth. The Minister tabled some amended zones as a result of input from other interest groups and requested feedback. He also indicated that he takes full responsibility for the initiative and that he anticipated that his final position for the entire network of marine reserves around Australia would be released simultaneously in winter. Further feedback was provided by WAFIC.

Subsequently the Minister announced the Government’s proposed network of marine reserves around Australia on 14 June for a 60 day consultation period closing on 12 September 2012. The purpose of the consultation is as Minister Burke stated “ to determine whether the Government should proceed with the proposed networks or not”. In other words the proposed networks cannot be amended through this process it is a simple yay or nay. In the event that the Government decides not to proceed the Minister would have to start the whole process from scratch. All indications are that the Government will proceed with the Minister’s proposed network of marine reserves.

Commonwealth Bioregional Marine Planning

Perth

Sydney

Darwin

Hobart

Canberra

Brisbane

Adelaide

Melbourne

COPYRIGHT Commonwealth of Australia, 2012

Final Commonwealth Marine Reserves Network Proposal

For information on the activities allowed in the different zonetypes in each of the regions, please refer to the department’swebsite www.environment.gov.au/marinereserves.

Proposed zoningSanctuary and Marine National Park Zones (IUCN Ia and II)

Recreational Use Zones (IUCN II and IV)

Habitat Protection Zone (Coral Sea) (IUCN IV)

Habitat Protection and Conservation Park Zones (IUCN IV)

Special Purpose Zones (IUCN VI)

Special Purpose Zone (Oil and Gas Exclusion) (IUCN VI)

Multiple Use Zones (IUCN VI)

General Use Zone (IUCN VI)

Other marine protected areas

Great Barrier Reef Marine Park

South-east Commonwealth marine reserves

State/territory marine protected areas

0 300 600 900 1,200150

Approximate scale (km)

proposed commonwealth marine reserves network

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13Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

Thus the scenario will be that the Commonwealth will proclaim the reserves towards the end of the year and therefore meet their election pledge to have the reserves in place by the end of 2012. However the proclamation will be made with a “delayed

effect”, that is they will not come into effect for some time possibly towards the end of 2013 or even later. This will allow time for interim management arrangements to be determined and the structural adjustment package settled with payments flowing.

Derby

Darwin

Broome

OnslowExmouth

Wyndham

Kalbarri

Karratha

Carnarvon

Kununurra

Port Hedland

130°E

130°E

120°E

120°E

110°E

110°E

15°S

15°S

20°S

20°S

25°S

25°S

Final North-west Commonwealth Marine Reserves Network Proposal

Australian Government Data Sources:DSEWPaC (2006): Commonwealth Marine Planning RegionsDSEWPaC (2010): CAPADDSEWPaC (2012): Final Commonwealth Marine Reserves Network ProposalGeoscience Australia (1998): Australia, TOPO-2.5M Topographic DataGeoscience Australia (2006): Australian Maritime Boundaries (AMB) v2.0

Produced by the Environmental Resources Information Network (ERIN)Australian Government Department of Sustainability, Environment, Water, Population and Communities. © Commonwealth of Australia, 2012

Western Australia Northern Territory

0 150 300 450 60075

Approximate scale (km)Projection: Geographics

Maritime boundaries

Marine region boundaries

Limit of the Australian exclusive economic zone

Limit of coastal waters

Australia - Indonesia MoU Box (1974)

Proposed zoning

Marine National Park Zone (IUCN II)

Habitat Protection Zone (IUCN IV)

Multiple Use Zone (IUCN VI)

Other protected areas

Existing Commonwealth marine reserves

Final South-west and North network proposals

Shark Bay World Heritage Area

State marine parks

South-westMarine Region

NorthMarine Region

Rowley Shoals

Ashmorereef

GascoyneCommonwealthMarine Reserve

Argo-Rowley TerraceCommonwealthMarine Reserve

Shark BayCommonwealthMarine Reserve

Eighty Mile BeachCommonwealthMarine Reserve

KimberleyCommonwealthMarine Reserve

Carnarvon CanyonCommonwealthMarine Reserve

RoebuckCommonwealthMarine Reserve

Scottreef

BrowseIsland

CartierIsland

Exmouth

ExistingRowley Shoals

state marine park

ExistingNingaloo state

marine park

Ro w l ey S h o a l s

ExistingMermaid Reef

Marine NationalNature Reserve

0 10050

km

ExistingNingaloo marine park

(CommonwealthWaters)

0 10050

km

Karratha 0 5025

km

DampierCommonwealthMarine Reserve

MontebelloCommonwealthMarine Reserve

For information on the activities allowed in the differentzone types, please refer to the department’s websitewww.environment.gov.au/marinereserves.

EuclaPerth

Albany

Ceduna

Walpole

Bunbury

Augusta

Elliston

Kalbarri

Adelaide

Busselton Esperance

Geraldton

TwoRocks

Bremer Bay

Jurien Bay

Streaky BayPort Augusta

PortLincoln

130°E

130°E

120°E

120°E

110°E

110°E

30°S

30°S

40°S

40°S

Final South-west Commonwealth Marine Reserves Network Proposal

Australian Government Data Sources:DSEWPaC (2006): Commonwealth Marine Planning RegionsDSEWPaC (2010): CAPADDSEWPaC (2012): Final Commonwealth Marine Reserves Network ProposalGeoscience Australia (1998): Australia, TOPO-2.5M Topographic DataGeoscience Australia (2006): Australian Maritime Boundaries (AMB) v2.0

Produced by the Environmental Resources Information Network (ERIN)Australian Government Department of Sustainability, Environment, Water, Population and Communities. © Commonwealth of Australia, 2012

Western AustraliaNorthern Territory

South Australia

0 150 300 450 60075

Approximate scale (km)Projection: Geographics

Maritime boundaries

Marine region boundaries

Limit of the Australian exclusive economic zone

Limit of coastal waters

Proposed zoning

Marine National Park Zone (IUCN II)

Habitat Protection Zone (IUCN IV)

Special Purpose Zone (IUCN VI)

Special Purpose Zone (Oil and Gas Exclusion) (IUCN VI)

Multiple Use Zone (IUCN VI)

North-westMarine Region

South-eastMarineRegion

South-west CornerCommonwealthMarine Reserve

Perth CanyonCommonwealthMarine Reserve

JurienCommonwealthMarine Reserve

Eastern RechercheCommonwealthMarine Reserve

Great Australian BightCommonwealthMarine Reserve

Western EyreCommonwealthMarine Reserve

Western andSouthern

Kangaroo IslandCommonwealth

Marine Reserves

AbrolhosCommonwealthMarine Reserve

Two RocksCommonwealthMarine Reserve

BremerCommonwealthMarine Reserve

TwilightCommonwealthMarine Reserve

MuratCommonwealthMarine Reserve

GeographeCommonwealthMarine Reserve

Jurien Bay

Perth

Fremantle

Two Rocks

Bunbury

Augusta

Busselton

Marmion statemarine park

Jurien statemarine park

RottnestIsland

Hamelin Bay

Ngari Capesstate marine park

Western Kangaroo Islandstate marine park

KangarooIsland

0 3015

km

0 3015

km

0 6030

km

0 6030

km

Other marine protected areas

Existing Commonwealth marine reserves

Final North-west network proposal

State marine parks

For information on the activities allowed in the differentzone types, please refer to the department’s websitewww.environment.gov.au/marinereserves.

proposed north-west commonwealth marine reserves network

proposed south-west commonwealth marine reserves network

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14 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

industry assistanCeAt the same time that the Government announced the proposed network of marine reserves a joint statement was released from Agriculture, Fisheries and Forestry Minister Joe Ludwig and Sustainability, Environment, Water, Population and Communities Tony Burke that the Government had allocated an assistance package in the vicinity of $100 million that will flow to the fishing industry before the proposed marine reserves are activated.

The statement indicated that the Government will work with industry to develop measures such as:

ff transitional business assistance to support changes to fishing operations

ff investment in sectoral measures such as research and monitoring

ff assistance for employees including payments

ff purchase of commercial fishing entitlements from impacted fisheries

ff targeted assistance to vertically integrated fishing businesses

SEWPaC subsequently advised of the anticipated timeframe for the design and roll out of assistance.

WAFIC through the National Seafood Alliance will be working on ensuring that the final adjustment program is fair and equitable to affected industry members.

Commonwealth Bioregional Marine Planningindustry assistance

timeframe

August consultation paper released

August-september

national/jurisdiction meetings with industry and fisheries management agencies seeking feedback on consultation paper

september national workshop to finalise feedback

November/December

final guidelines at time of proclamation

December-JuNe 2013

stakeholder consultation on effort removal targets and fishery management changes

July 2013 adjustment program commencement

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15Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

The Save our Seafood Lunch was held on Monday 8 December at the Cottesloe Surf Club. The event was organised by WAFIC and was hosted by 6PR commentator Paul Murray. It was attended by over 160 people including a range of politicians, media, chefs, industry and selected Radio 6PR listeners.

Professor Bob Kearney, University of Canberra set the scene with an appraisal of fisheries management in Australia against a backdrop of calls by the greens for large marine sanctuaries. Professor Kearney argued that large marine sanctuary areas would not protect marine life from threats such as introduced marine pests, pollution and oil spills. Such an approach could only protect certain areas from the specific threat of overfishing, which is irrelevant in the Australian context, where our fisheries are well managed.

Tony Abbott, the alternative Prime Minister also attended and addressed the crowd including giving an undertaking to suspend the current government marine planning process and to start again with proper consultation.

More information about this day, including copies of the speeches, can be found at: www.saveourseafood.com.au

“ No one takes sustainable fishing more seriously than those in the fishing industry, and I must note that we are supportive of sensible marine reserves planning as part of a mix of management measures… However, we are also keen to stay in business and deliver a local food supply to Western Australians”…

– WAFIC Chair Brad Adams told luncheon guests.

Save Our Seafood luncheon

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16 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

marine PlanninG – stateNgari Capes and Camden Sound Marine ParksOn 24 March and 19 April 2012 respectively Premier Colin Barnett and Environment Minister Bill Marmion announced that the Government was proceeding with the creation of two new marine parks: Camden sound in the Kimberley and Ngari Capes between Geographe Bay and Augusta.

The announcement of the Camden Sound Marine Park followed an extended and protracted consultation period over the last year. WAFIC had meetings with both Fisheries Minister Moore and Environment Minister Marmion over the proposed zoning scheme. Our representations focused on the lack of credible risk assessments and scientific rigor to justify banning the existing low level of fishing activities in parts of the proposed marine park.

The announcement of the Capes Marine Park came some 6 years after extensive planning and consultation had been undertaken. In effect the Government decided to fast track the announcement of this Park with minimal further consultation.

WAFIC wishes to acknowledge the considerable efforts that Fisheries Minister Moore undertook within Government processes and priorities to try and ensure that impacts on the fishing industry in these areas were minimized.

WAFIC has received assurances that prohibitions on fishing in various zones of these reserves will not occur until compensation processes have commenced and affected fishers have had the opportunity to apply for compensation under the Fishing and Related Industries Compensation (Marine reserves) Act 1997.

Since these announcements WAFIC has met with the new Chairman of the Marine Parks and Reserves Authority, Dr. Tom Hatten, and received assurances that in regard to future marine reserves appropriate and scientifically rigorous risk assessment methodology would be employed in planning for these reserves.

Securing access, sustaining the resource

proposed ngari capes marine park

camden sound marine park

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17Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

eiGhty mile BeaCh marine ParKIn January, WAFIC prepared a submission in response to the release of Indicative Management Plan for the proposed Eighty Mile Beach Marine Park. In 2007/2008 and early 2011, WAFIC provided extensive mapped information on important fishing areas provided by fishermen who operated withinin the boundaries of the proposed park, including Eighty Mile Beach. When the Indicative Management Plan was released, it was encouraging to see that in some cases, these important fishing areas had been excluded from sanctuary zones and other zones that exclude commercial fishing. WAFIC is hopeful that further amendments will be made to the proposed zoning based on the information put forward by WAFIC early this year.

north KimBerley marine ParKIn late 2011, WAFIC worked with industry on identifying key fishing areas within the Department of Environment and Conservation’s key areas of interest in the proposed North Kimberley Marine Park. While this marine park is in its very early stages of development, WAFIC considered this a valuable opportunity to influence the location of zones.

inteGrated fisheries manaGementIn November, WAFIC provided a submission in response to the Integrated Fisheries Allocation Advisory Committee’s (IFAAC’s) final IFM recommendations on the allocation of West Coast Demersal Scalefish. IFAAC’s report recommended the commercial sector is allocated with 64% of the resource. It is expected that the Minister will finalise his decision on sectoral allocations before the end of 2012.

Following consultation with its members, WAFIC also provided the Department of Fisheries with a list of key priorities for the IFM process. In response, the Minister has advised that first priorities for IFM will include examining principles and guidance relevant to re-allocation mechanisms, the lower West Coast

crab resource (including Cockburn Sound Crab and Mandurah Estuaries) and the Gascoyne demersal scalefish allocation once the results of the first WA recreational fishing boat survey are finalised.

WAFIC, in conjunction with the Western Rock Lobster Council, has made a number of representations to Government regarding the incidental take of demersal scalefish in rock lobster pots. With a decision soon to be made on allocations of demersal scalefish between commercial and recreational sectors, the West Coast Rock Lobster Fishery’s take of scalefish needs to considered within an IFM framework. These negotiations are continuing.

wa’s demersal Gillnet and demersal lonGline fisheriesIn 2010, the Save Our Fish Stocks (SOFS) group lobbied to remove demersal gillnet fishing from areas in the lower south-west. In 2011, the SOFS group launched a petition seeking a ban on demersal gillnetting between Bunbury and Albany. Over the past year, WAFIC made a number of representations to counter these attacks including launching an opposing petition to highlight the dishonest campaign being run by the SOFS group and sought support for the continuation of sustainable demersal gillnetting in the south west. A submission was also made to the Honourable Brian Ellis, Chairman of the Standing on Environment and Public Affairs. As a result, the SOFS petition was disregarded.

In mid 2012, WAFIC held an industry forum and assisted industry members to develop a position on the continuation of the two month whiskery pupping closure that has been in place for a number of years. As requested by south west fishermen, the closure was reduced to one month in the southwest for the 2012 season. While west coast fishermen requested the removal of the closure altogether on the west coast, a one month closure will apply this year.

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18 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

CanCellation of manaGed fishinG liCenCes (mfl)Over the last year, several commercial fishermen have had their Managed Fishing Licences (MFL’s) cancelled under Section 139 of the Fish Resources Management Act (FRMA 1994), as the renewal fee was not paid within 60 days from the expiry date. There is currently no provision under the current Act to re-instate a cancelled MFL.

WAFIC has assisted these fishermen with applying for an exemption to keep fishing in the short term. In the longer term, WAFIC has assisted them to seek an amendment to the relevant management plan to allow for a cancelled MFL to be replaced, where there has been support from industry.

WAFIC understands the Department of Fisheries will soon have a policy in place that will address this issue in the longer term.

fisheries sPeCifiC rePresentationsThroughout the year, WAFIC assisted a number of fisheries to progress their management arrangements, including moving the West Coast Deep Sea Crustacean Fishery to full management status and the Developmental Mud Crab Fishery to interim management status. The Mackerel Fishery became fully managed in early 2012.

Allocation processes for the South Coast Crustacean Fishery and the Cockburn Sound Line and Pot Fishery are still underway.

As requested by South West Coast Salmon Fishers, WAFIC sought the Minister’s support for an exemption for limited access to operate in the closed waters of Geographe Bay, on the basis that the other beaches available to fishermen are inaccessible.

In response to the concerns of the South Coast Licensed Fishermen’s Association over the leasing of dinghy licences to target inshore species, WAFIC sought advice from the Department of Fisheries on the status of these operations and options to bring these under more a formal management regime. During the reporting period WAFIC was yet to receive this advice however it is anticipated that WAFIC will meet with industry in late 2012 to develop a way forward.

Please see Appendices for 2011-12 for a full list of submissions and representations.

Securing access, sustaining the resource

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19Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

Fish eye

During the reporting period, a new major initiative entitled ‘Fish Eye’ commenced at the West Australian Department of Fisheries. This $11.4 million, three year, project is to develop and implement a contemporary integrated electronic fisheries management information system with ‘on line’ services for industry (and others).

When the project is fully implemented, commercial fishermen and fish processors/receivers will be able to do any or all of the required fisheries management transactions (and others) with the Department electronically. In return for these benefits, the industry is committed to repay one-half of the principal (i.e. up to $5.7 million) interest free over 10 years commencing in the 2014/15 financial year.

A ‘Fish Eye Project Board’ has been established by the Executive Director of the Department to oversee the development and implementation of this project in meeting the business requirements of the Department and those of the primary user Groups and in pursuing ‘value for money’ outcomes from the project.

In that endeavour, industry was invited to nominate two representatives, one was nominated by WAFIC as the peak industry body whilst the other by the Western Rock Lobster Council whose constituency was viewed as the likely primary beneficiary from the project. An allocation of $300,000 annually over two years from the Fish Eye funding has been earmarked for payment to WAFIC to contribute towards the cost of this industry participation.

An ‘Industry Fish Eye Team’ has been formed by WAFIC with the involvement of the industry sectors as a means for the Fish Eye industry representatives to effectively harness across industry input and to provide feedback on Fish Eye developments.

The coming year will see progressive industry exposure, initially in the west coast rock lobster and abalone fisheries, by the Fish Eye team for pilot testing of the proposed functionality of particular ‘on-line’ services and applications for mobile devices for catch and effort returns. This will be important opportunities for industry to provide feedback on whether the proposed functionality of these ‘on-line’ services and mobile applications will meet its business requirement.

in the rePortinG Period, fish eye ProJeCt aCtiVity Primarily foCused on:

a resolving the project governances, including roles, responsibilities, accountabilities, and progress (including financial) reporting;

b ‘fleshing out’ the project specifications for each of the constituent streams of the project;

c identifying ‘on-line’ services required to meet industry’s requirements in transacting fisheries management business with the department;

d contracting services to build components of the various project streams of the integrated system;

e upgrading technology infrastructure at the department to the contemporary functionality required to meet the identified requirements on an integrated fisheries management information system and the business needs of users;

f ‘finetuning’ the project plans and roll schedule for ‘on-line’ services and access by fisheries with west coast rock lobster and abalone fisheries being the first from mid-January 2013 and the others following progressively over the next 18 months; and

g developing a communication strategy, including an industry strategy managed by Wafic in collaboration with the department.

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20 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

The Building Community Support Committee undertook a public awareness campaign this year that aimed to educate the consumer that West Australian fisheries and the seafood they produce are both managed and produced sustainability.

Research commissioned by the Committee showed that WA consumers would prefer to buy local seafood if they can be assured of its sustainability by independent sources. The research also highlighted the knowledge vacuum that exists when it comes to the public’s understanding of where and how their seafood is caught and produced. On the basis of this research WAFIC allocated funds for a promotional campaign to raise awareness of the sustainable fishing practices of the industry and its importance to regional economies.

Building Community Support

surVey results

ff There is currently a positive base of benefits in the public mind for WA continuing to have its own fishing industry. These include economic benefits (particularly jobs) and the importance of having locally produced fish and seafood available to eat. People in the Western Suburbs Survey put a high level of importance on being able to buy fresh WA seafood.

ff There was a higher level of agreement in this survey compared with the Marginal Electorate Survey (2011) that WA commercial fisheries are sustainability managed and a number of people said this spontaneously. There was also a high level of recognition of the importance of commercial fishing for WA coastal communities. Both of these messages were targeted in the awareness campaign run from February to April in the Post Newspaper and among some retailers.

ff In the Western Suburbs Study there were higher levels of agreement that commercial fishing is sustainably managed and higher levels of agreement on the importance of commercial fishing to coastal communities. The factors that are likely to account for this are; higher levels of knowledge, higher levels of interest in this issue and positive impact from the advertising campaign.

ff People place a high level of importance on protection of the marine environment and some are concerned about possible overfishing. Providing people with more information and sustainable management of the WA fishing industry and environmentally friendly practices continue to be important avenues to promote the industry. Many people are not aware of the role these issues play in the management of WA fisheries.

ff This survey again endorses the finding from 2011 that there is little evidence of polarisation of views in the community – many people hold a positive attitude toward the continuation of the WA fishing industry and consumption of fresh local seafood and also place a high level of importance on protection of the marine environment.

ff Independent verification of sustainability for the WA commercial fishing industry is positively viewed by the community and seen as a reason to support the industry by many, including groups who are currently not very engaged – such as young people.

SUSTAINABLE OCEANSsustainable fisheries

sustainable fisheries sustainable futuressustainable fisheries sustainable futures

Western Australia’s commercial fishing industry uses sustainable fisheries

management practices to ensure our unique marine environment is preserved

for future generations.

The next time you enjoy chili mussels, you will besupporting sustainable fishing practices in WA.

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iaFor more information, visit

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twitter.com/wafisheries

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21Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

SUSTAINABLE JOBSsustainable fisheries

sustainable fisheries sustainable futures

Western Australia’s commercial fishing industry has been creating local jobs for more than 150 years. These days, our industry employs more than 10,000 people, who work hard to supply seafood lovers with fresh local produce.

By using sustainable fisheries management practices, we plan on creating local jobs and supplying fresh local seafood for generations to come.

www.sustainablefisherieswa.com.au facebook.com/sustainablefisherieswa twitter.com/wafisheries

WA’s commercial fishing industry creates more than 10,000 jobs right around the State.

In Perth’s southern suburbs, our octopus industry creates fishing, processing and packing jobs.

In Cockburn Sound, mussels are farmed, harvested and packed by locals.

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SUSTAINABLE FOOD SUPPLYsustainable fisheries

sustainable fisheries sustainable futures

Western Australia’s commercial fishing industry has been feeding Western Australia seafood lovers for more than 150 years.Nearly all of the fin-fish caught in WA is purchased and enjoyed by Western Australian families. Western Australian fish, as well as local delicacies like mussels, octopus, prawns, scallops, crabs and lobster are enjoyed in restaurants around the State.

By using sustainable fisheries management practices, our local fishing industry will be feeding Western Australians for generations to come.

www.sustainablefisherieswa.com.au facebook.com/sustainablefisherieswa twitter.com/wafisheries

More than 90 per cent of all fin-fish caught in WAis purchased by Western Australians.

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iaWestern Australian marinated octopus is enjoyed all around WA. Western Australian mussels are enjoyed in restaurants

all around the State.

SUSTAINABLE OCEANSsustainable fisheries

Western Australia’s commercial fishing industry uses sustainable fisheries management practices to ensure our unique marine environment is preserved for future generations.Western Australia’s Western Rock Lobster fishery was the first fishery in the world to be certified as ecologically sustainable by the Marine Stewardship Council.

Stretching from Carnarvon to Augusta, strict catch limits have been adopted to ensure the sustainability of the lobster fishery and the balance of the marine environment.

Our local fishing industry provides an example to the world of how fisheries can be sustainably managed.

www.sustainablefisherieswa.com.au facebook.com/sustainablefisherieswa twitter.com/wafisheries

sustainable fisheries sustainable futures

WA’s lobster fishery was the first fishery in the world to be MSC accredited for sustainability.

Lobster are processed locally, before being distributedto local and international restaurants and retailers.

The next time you enjoy lobster, you will besupporting sustainable fishing practices in WA.

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Prior to finalising the SUSTAINABLE FISHERIES promotion the material was tested with consumer focus groups and an industry reference group that included fishermen, chefs, retailers, wholesalers and Government which resulted in four pillars being targeted: Sustainable Oceans, Sustainable Jobs, Sustainable Communities and Sustainable Food Supply. The aim of the program was to help educate the public that their seafood is harvested under the world’s best management practices and show local communities that fishermen and their families are an integral part of community fabric. It was here that a TV ad featuring the Western Rock Lobster industry was run on GWN and local community news papers ran a series of full page colour ads leading up to the peak seafood consumption period of Easter.

The success of this campaign was tested by an additional survey that was run in the Western Suburbs.

This research and program was used by WAFIC to add to the argument for securing funding for future Independent Sustainability Certification that will then enable WA seafood producers to confidently promote themselves to their local community and aid in building our social licence to operate. The committee backed the Albany Festival of the Sea and will be sharing a booth with the WRLC at this years World Maritime Day.

SUSTAINABLE FOOD SUPPLYsustainable fisheries

sustainable fisheries sustainable futuressustainable fisheries sustainable futures

Western Australia’s commercial fishing industry has been feeding

Western Australian seafood loversfor more than 150 years.

When you enjoy fin-fish from Cockburn Sound you are supportingsustainable fisheries management practices in WA

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www.sustainablefisherieswa.com.aufacebook.com/sustainablefisherieswa

twitter.com/wafisheries

WAFIC dl fin fish 28032012V1.indd 1 28/03/12 4:30 PM

SUSTAINABLE OCEANS

sustainable fisheries

sustainable fisheries sustainable futures

sustainable fisheries sustainable futures

Western Australia’s commercial fishing industry uses sustainable fisheries management practices to ensure our unique marine environment is preservedfor future generations.

When you enjoy Western Australian lobster you are supportingsustainable fisheries management practices in WA

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For more information, visitwww.sustainablefisherieswa.com.aufacebook.com/sustainablefisherieswatwitter.com/wafisheries

WAFIC dl lobster 01022012.indd 1

29/02/12 3:11 PM

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22 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

In 2011-12, WAFIC secured funding from the Commonwealth Government to participate in the mediation of coastal native title claims in WA for a further 12 months. This allowed WAFIC to have representation of fishing, pearling and crown land aquaculture interests in over thirty native title claims intersecting the WA coastline.

WAFIC’s participation in native title has always focused around ensuring that any native title rights and interests recognised over the sea are:

ff justifiable and based on evidence;

ff non-exclusive and non-commercial;

yawinya (nyanGumarta-KaraJarri oVerlaP) Consent determinationIn May 2012, following broad industry consultation, WAFIC entered into consent for an area that was the subject of overlapping claims by the Nyangumarta and Karajarri native title holders in the Kimberley region of Western Australia.

The native title determination, which comprises a portion of the Anna Plains pastoral station and extends seaward to the Lowest Astronomical Tide, concluded almost 4 years of substantive negotiations between the native title parties, Government, WAFIC, pastoralists and other non-government parties.

As a result of the determination, native title rights and interests, including rights to fish non-commercially in accordance with traditional laws and customs, are now recognised to exist in a manner consistent with the adjacent Nyangumarta native title determination. Both determinations explicitly limit the method of take in relation to Pinctada maxima (pearl oyster) and specify that any such take cannot be carried out by way of SCUBA gear.

south-west alternatiVe settlementIn February 2012 the State Government and the representative of the Noongar native title claimants, the South West Aboriginal Land and Sea Council (SWALSC) announced that parties had reached an ‘in-principle’ agreement regarding the full and final settlement of native title in the South-west region of WA.

To date, negotiations have been largely bilateral in nature, between the State Government and SWALSC only. However, WAFIC has consistently highlighted its readiness to actively engage in the negotiations

as they relate to fisheries and fisheries management, including any joint management arrangements over conservation estates within intertidal waters.

WAFIC has appreciated the constructive and open approach adopted by SWALSC during such discussions.

reView of fundinG for resPondent Party PartiCiPation in natiVe titleIn 2011, the Commonwealth Attorney-General’s Department, which is responsible for administering native title funding to WAFIC, announced that it would undertake a revision of its financial assistance scheme to non-Government native title respondent parties.

Under the new scheme, only ‘exceptional circumstances’ funding will be provided for legal representation in native title matters.

The Attorney-General’s Department engaged an independent consultant to conduct the review and consider a ‘revised interest test’ that funding applicants such as WAFIC will need to satisfy in order to receive funding for representation in native title cases.

WAFIC prepared a comprehensive submission, securing letters of support from both the State Government Department of Premier Cabinet and the South West Aboriginal Land and Sea Council.

Native Title

wafiC’s PartiCiPation in natiVe title

WAFIC’s participation in native title has always focused around ensuring that any native title rights and interests recognised over the sea are:

ff justifiable and based on evidence;

ff non-exclusive and non-commercial;

ff consistent with the rights and interests of fishing, pearling and aquaculture permit and lease holders; and

ff exercised in a manner that is consistent with the sustainable harvest of fish resources.

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23Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

seanet

ByCatCh reduCtionIn 2012 SeaNet conducted trials in the Kimberley Gill Net and Barramundi Fishery investigating the use of Electromagnetic devices to reduce the incidental capture of sharks. So far the results have been promising and have shown to have no effect on fish capture. The results of the project have suggested that the use of the devices in the wetline fishery off the Pilbara/Gascoyne coast may reduce shark bite offs. Trials for this project will begin end of 2012 and into 2013.

south Coast nrm ProJeCtLate 2011 SeaNet began reviewing the Environmental Management System (EMS) for the South Coast Estuarine Fishers. The review of the EMS lead to the publication of the story ‘Fishing for a Living: The Estuarine and Beach Fisheries of the Western Australian South Coast’ written by Guy Write in 1990’s. The book is available for anyone interested; please contact SeaNet for a copy.

The South Coast project also included the writing of two Codes of Practice; Code of Practice for the Salmon and Herring Fisheries of the South Coast, which has been finalised and sent to licence holders. And a Code of Practice for the Abalone Industry, which relates more to the bio-security measures to reduce an outbreak of disease occurring in Western Australia.

This project was made possible thanks to the South Coast NRM and Caring for Our Country Grant

For more information on what projects SeaNet is doing in your fishery please contact the SeaNet officer.

Jay Shoesmith Mob: 0401 838 436 Email: [email protected]

The consultant’ report was completed in March 2012 and makes the following conclusions:

ff that native title officer funding ought to be wound up; and

ff that a ‘revised interest test’ for funding could be implemented for consideration in each native title case by the court or tribunal with evidence addressing certain prescribed criteria able to be tested.

At the time of writing, the Attorney-General has not yet announced the Government’s response to the consultant’s recommendations on funding. Accordingly, WAFIC has commenced planning for a revised role in native title in the event that funding is not forthcoming beyond December 2012

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24 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

euroPean seafood exPo

WHAT BURSARy RECIPIENTS SAId ABoUT ATTENdINg THE EURoPEAN SEAFood ExPo.

“�A�key�benefit�for�me�from�this�experience,�was�meeting�and�liaising�with�participants�at�all�levels�of�the�seafood�industry�from�all�over�the�world,�from�producer�through�to�the�end�of�the�supply�chain,�including�the�end�seafood�business�or�consumer.�In�this�regard,�the�range�of�experiences�and�perspectives�gained�were�numerous�and�exceeded�my�expectations.”

– Kym Coffey (Paspaley Pearls and WAFIC director)

“�Attending�the�European�seafood�expo�in�April�2012�was�an�opinion�altering�experience�which�abled�me�too�see�the�seafood�industry�on�a�global�scale,�it�vastly�removed�the�blinkers�from�my�mental�perceptions�that�Australia�is�a�huge�player�in�the�seafood�industry”

– Matt Kalazich (Western Rocklobster fisherman)

“�A�common�theme�emerging�from�these�exchanges�was�an�understanding�that�the�conservation�movement�and�environmental�NGOs�posed�a�very�real�and�immediate�threat�to�the�fishing�industry.��In�circumstances�where�the�industry’s�social�licence�to�operate�is�tenuous,�at�best,�and�ongoing�access�to�fisheries�resources�is�threatened,�the�need�to�develop�a�cogent�strategy�to�secure�its�future�is�self-evident.�“�

– Hamish Ch’ng (Scallop vessel owner and processor)

oVerViewThe year proved to be no less challenging than the previous. In a time when operational costs continue to increase and the gross value of production languishes the focus of RD&E tended towards connecting with the consumer, developing new products and thus new market opportunities and value adding to lesser know or lower valued species. RD&E effort is now dedicated to meeting the WAFIC 2020 strategic targets.

1 Platform 1 imProVinG PuBliC ConfidenCe in

the wa seafood industry

seafood in sChoolsThe Fishing School Program has again been a resounding success over the past twelve months. The program uses an industry expert to visit schools throughout Western Australia and educate students on the sustainability of the industry, health benefits of eating fish, how to fillet and store fish, as well as how to cook a variety of species. In all, 26 schools and 225 classes where attended, the program delivered a positive message to over 4,500 Western Australian school students. Of the students surveyed, 74% where encouraged to eat more seafood as a result of attending the program and 81% of students came away with a more positive view of professional fishing.

euroPean seafood exPoFollowing its re-entry into the world’s largest seafood expo in 2011, the Western Australian Fishing Industry Council (WAFIC) made a more determined effort to increase its presence for 2012 with a large delegation accompanied by the Western Australian Minister of Fisheries, the Hon. Norman Moore, MLC; the Director General of the Department of Fisheries, the WA Agent General, and the Chairman and four directors of WAFIC itself. The Minister having previously announced a $14.5million investment in attaining third party certification for most of the State’s fisheries, the theme of the Australian pavilion was to show that the State would be a world leader in sustainability and use the resources present to determine the best strategy to promote this achievement overseas in future years. In addition

Research, Development and Extension

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25Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

to his presence at the Expo, the Minister assisted by offering five industry people bursaries to enable them to assist with the Expo and investigate specific aspects of the situation regarding seafood in Europe and the perceptions of Western Australian and Australian seafood by visitors to the Expo.

2 Platform 2 ProduCtion tarGet

minimum effeCtiVe reGulation Seven fisheries management regimes have undergone assessment to determine whether traditional management methods are the most efficient and effective way of managing fisheries. The project has begun testing that against a risk based management regime where the likelihood of a threat to ecological sustainability is multiplied by the consequence of that threat to give the raw risk. If this is unacceptable then the management measure is that which will reduce the likelihood to an acceptable residual risk. The key difference is that the risk assessment will not be restricted to ecological sustainability but will extend to any and all likelihood/consequences, beyond ecological sustainability. This includes, but is not limited to; social and economic factors from anyone who wishes to put them forward. The whole point of testing the hypothesis in this experiment is that it will exclude nothing.

If an entirely new kind of management regime is going to work then there must be a high level of understanding by those most affected by it. That cannot be done by simply reviewing the current regulations, as is contemplated elsewhere. To date the West Coast Deep Sea Crustacean Fishery has been through the risk assessment process and six more fisheries will be assessed within four months.

eleCtroniC rePortinG WAFIC and Industry have been working with Real-Time-Data to develop an electronic reporting application to compliment the Western Australian Department of Fisheries Fish eye System. The true value to the project is the close association with the Department of Fisheries Research Division and Industry in the development of the App, which has resulted in successful trials in the Cockburn Sound Crab Fishery, the Western Rocklobster Fishery and the Pilbara Trap Fishery. The project shows that the capacity exists to transition to electronic reporting and significantly change the way fisheries data will be analysed and reported in the future.

3 Platform 3 Value tarGet

industry liaison offiCer - worKinG with industryWAFIC has a proven track record in developing projects that have direct benefits to industry, focusing on ‘grass roots’ initiatives that offer the greatest returns to industry. WAFIC’s attention is now directed on ensuring those results are extended to industry and are adopted.

WAFIC and the Industry Liaison Officer have developed a comprehensive work plan to deliver WAFIC/CRC research outputs to the WA Seafood industry, engaging with State and Commonwealth fishers, retailers, wholesalers, processors, institutions and agencies that may benefit from having an awareness of research being conducted, completed and ultimately adopted. A more targeted approach to the Extension of Research outcomes to the Seafood industry has seen the Industry Liaison Officer in collaboration with the WAFIC RD&E Manager, the WA SeaNet Officer and a Senior Research Fellow from Curtin University conduct a South Coast Regional tour, a Mid West coastal tour and meetings with individual fishermen (a full list of current projects is found in Appendix 4).

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26 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

4 Platform 4 eduCation and traininG

Professional fishermen’s CertifiCateWAFIC is continuing to investigate opportunities to develop the voluntary Professional Fishermen’s Certificate with the assistance of the FRDC and the SCRC.

faCilitatinG industry deVeloPment frdC initiatiVesWAFIC manages the Fisheries Research Advisory Body for the FRDC in WA and is the only industry council to have that role in Australia.

With the FRDC, WAFIC has facilitated over 285 projects with a total value exceeding $51 million to the State since 1993 (a full list of FRDC projects is listed in Appendix 4).

Sixty-one of those projects (worth over $14 million) were managed by industry organisations and businesses.

The FRDC ‘open call’ round in 2011-12 had a smaller ‘spread’ than in the pervious years and included projects in:

ff improving confidence in the management of the blue swimmer crab (portunus armatus) in shark Bay

ff determining and delivering critical scientific advice to fishery managers for the sustainable management of the recreationally and commercially important south coast demersal scalefish resources

ff demographic performance of Brownlip abalone: exploration of Wild and cultured harvest potential

ff recovery of a climate change induced abalone stock collapse

Shorter ‘tactical’ projects included funds for:

ff establishing industry catch sampling for Wa’s crystal crab fishery

CooPeratiVe researCh Centre (CrC) initiatiVesWAFIC developed a strategy to deliver $20 million in increased profitability for industry by 2014 through its investment in the Australian Seafood CRC.

Industry projects, which were facilitated by WAFIC during 2011-12 included:

ff policy shift to risk-based fisheries management - phase 1 proof of concept

ff new product development for low value, high volume species - Wa sardines

ff understanding and minimising “Greying” of farmed Barramundi fillets

ff delivery of scrc/Wafic research outputs to the Wa fishing industry

ff recovering a collapsed abalone stock through translocation

ff cook in a bag: Wa seafood products development, trial and evaluation

ff innovation in traceability for the australian seafood industry” austral fisheries/northern prawn fishery case study

ff improving strategies to support intergovernmental negotiations concerning the export of australian lobster and abalone to china

ff future options for business structures to optimise australia/china lobster trade opportunities.

ff Genetic variation in barramundi aquaculture

ff understanding the sediment transformation and processes associated with nutrients and other inputs from aquaculture developments.

Research, Development and Extension

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27Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

Safety, Education & Training

WAFIC in the past twelve months continued its core business commitment to Industry Safety and Training. Whilst the major element of Safety Training has been undertaken by specialised accredited training organisations WAFIC has continued to coordinate overall Industry training through it’s Safety, Education and Training Committee.

The committee is made of Industry participants and various people involved in training delivery throughout Western Australia.

WAFIC has also developed a good working relationship with the Marine Safety Division of the Department of Transport. In particular, David Harrod, General Manager of Marine Safety and his team Maggie Brennan and Ryan Veerhuis have provided the Industry with enormous support across a number of Marine Safety issues and initiatives.

The Man Overboard Code of Practice initiative was again funded by Worksafe in 2011/12 and WAFIC wishes to acknowledge Steve Hall’s support and efforts in ensuring that this program is delivered across the State.

With the exception of the Rock Lobster Industry, the major Industry Sectors are now taking ownership and control of their own Safety Training delivery with WAFIC’s role becoming more focused on the strategic issues associated with overall Marine Safety.

The challenge now before the Rock Lobster Industry will become more active in safety issues and use this as a first step in their overall push for greater professional development within their Industry.

WAFIC were again represented on numerous National and State bodies such as the Department of Transport Safety committee and AgriFoods Skills Council.

the new sinGle national JurisdiCtion for marine safetyFrom January 2013 The Australian Marine Safety Authority (AMSA) will become the National Regulator for all Domestic Commercial Vessel Safety in WA.

This new system will streamline maritime Safety laws in Australia and make it more efficient for fisherman and their vessels to work around the country as survey and manning requirements will be the same in all State and Territory jurisdictions.

The new system effectively means that all current State regulations will now be under one set of standards, eliminating the costly burden associated with meeting different survey regulations that exist under the current system

WAFIC has worked with AMSA during the consultation process and attended a number of regional meetings throughout 2012.

Again, AMSA through their representative Jeff Hennrikesen have been more than accommodating attending various Industry Sector Management meetings briefing the Industry on the new regulations.

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28 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

Safety, Education & Training

interaCtion at sea dVdWAFIC in conjunction with the Department of Transport have produced a high quality DVD highlighting the greater awareness required at sea now with the increase in Marine traffic associated with the Oil and Gas Industry.

This DVD will be made available to Industry and is a useful tool in ensuring the Fishing Industry is aware of the fact that many of these vessels entering Australian waters are foreign crewed where English is not their first language.

This in itself creates issues whereby awareness and vigilance through good watchkeeping procedures will ensure collisions at sea are avoided.

This DVD is available through the various Industry Sector Bodies and reinforces the many initiatives emanating from the State Governments “Safe Horizons”project.

Virtual aids to naViGation (Vaton)In addition to the DVD that has been produced WAFIC has been involved with Department of Transport in the development of a navigational system, whereby virtual aids to navigation (VAtoN) is used in conjunction with AIS systems. VAtoNs such as cardinal marks, port and starboard markers and special markers are not physical marks but show up on ECDIS and radar systems as if they where physical markers.

The benefits of using VAtoN’s are;

ff they are cost effective

ff can be relocated at an instant; and

ff can mark area’s where activity is occurring such as fishing and aquaculture farms to minimise interaction with vessel activity within the vicinity

Whilst the project is very much in its embryonic phase, the pilot project will be using Lobster traps as a first stage trial, the wider application of VAtoN could have enormous benefits to the Fishing Industry.

Marking known Nursery areas, identifying Marine reserves and known fishing activity as areas to be avoided are possibilities into the future that this project will hopefully address.

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29Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

appendices

Appendices

aPPendix 1

oRgANISATIoNAL CHART

WAFIC BOARD

CEO

COMMITTEES RESOURCE ACCESS

NATIVE TITLE

AUDIT

SAFETY, EDUCATION & TRAINING

RESEARCH, DEVELOPMENT & EXTENSION

BUILDING COMMUNITY SUPPORT

NATIVE TITLE &POLICY ADVISER

COMMUNICATIONSOFFICER/PROJECT OFFICER

FINANCE OFFICER

ADMINISTRATIONOFFICER

RESEARCH DEVELOPMENT & EXTENSION

MANAGER

HOSTINGSEANET

RESEARCHOFFICER

EXECUTIVEOFFICER

PRINCIPALEXECUTIVE

OFFICER

FRAB

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30 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

appendices

wafiC Committees

aPPendix 2

Committee name Position

resourCe aCCess Committee

George Kailis Chair

felicity horn Secretariat

Kym coffey

doug Gibson

Guy leyland

Bruce cockman

clayton nelson

neil macguffie

BuildinG Community suPPort

damien BellCurrent Chair

Glenn dibbin

Guy leyland

Katie phillis

ashley oliverFormer Secretariat

natiVe title steerinG Committee

George Kailis Chair

Guy leyland

Brett mccallum

dan machin

Kym coffey

chris humphry

melissa Watts

Katie phillis Secretariat

safety eduCation and traininG Committee

angus callander Former Chair

John cole

nic sofoulis

Brett mccallumFormer Secretariat

steve hood

Brad armstrong

ian taylor

dan machin

John atkinson

sheryll crisp

Bernie unwin

fiona crowe

Committee name Position

audit John hutton Chair

Grace Zhou Secretariat

Guy leyland

Glenn dibbin

clayton nelson

researCh, deVeloPment & extension

Brad adams Chair

richard stevens Secretariat

neil macGuffie

James paratore

damien Bell

Bruce cockman

neil loneragan

Greg Jenkins

stephen hood

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31Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

appendices

2011-2012 suBmissions & rePresentations

aPPendix 3

date suBmission/rePresentation to

5 July 2010 Funding Reform-5% Plus Model Minister for Fisheries

9 July 2010 New Fishing Charges Broome Advertiser

20 July 2010 Closure of Commercial Beach Seining in the South-west Minister for Fisheries

27 July 2010 Commercial demersal Scalefish Fishing-Coral Bay-on the behalf of Mr Peter Shaw

Department of Fisheries

30 July 2010 Application to Fish Eight Mile Beach on behalf of Todd Morris Minister for Fisheries

23 July 2010 Navigation Act Rewrite Department of Transport

2 august 2010 Australian green Policy on Marine Planning Senator Bob Brown and Commonwealth Minister for Agriculture, Fisheries and Forestry

19 august 2010 WAFIC Responses to Fisheries occasional Paper Number 70: a Seachange for Aquatic Sustainability

Department of Fisheries

20 august 2010 ALP Fishing and Seafood Statement 2010 Commonwealth Minister for Agriculture, Fisheries and Forestry

10 october 2010 Wheatstone Project (Assessment 1750) Environmental Protection Authority

15 october 2010 Statewide Vessel Mooring Management Strategy 7 Mangrove Passage Cyclone Moorings Applications

Department of Transport

15 october 2010 The Conservation Legislation Amendment Bill 2010 Department of Environment and Conservation

27 october 2010 Review of the Marmion Marine Park Marine Parks and Reserves Authority

29 october 2010 Cumulative Impacts from Coastal Mining and Petroleum Projects Minister for Fisheries

29 october 2010 Lack of Co-ordination between State government Agencies Minister for Fisheries

3 november 2010 Future Management options for the Cockburn Sound Line and Pot Fishery.

Department of Fisheries

23 november 2010 growth in Recreational Fishing and Impact on Commercial Fisheries Department of Fisheries

26 november 2010 gVP Funding Arrangements Minister for Fisheries

3 december 2010 Native Title Land Management Strategy Policy development Office of Native Title

10 december 2010 Commonwealth-Western Australian Harvest Strategy Working group (AFMA) Perth

Department of Fisheries, WAFIC and licence holders

4 January 2011 options for the Management of Commercial Wetline and gillnet Fishing on the South Coast

Department of Fisheries

11 January 2011 Application for Exemption from the Requirement to Fit Automatic Location Communicators to Vessels Less than 6.9 Meters in Length

Minister for Fisheries

21 January 2011 Anketell Point Port development Proposal Australian Premium Iron Joint Venture

7 february 2011 Camden Sound Indicative Management Plan Department of Environment and Conservation

9 february 2011 Recreational Take of Baldchin groper and the Consignment of Finfish from the Abrolhos Islands

Department of Fisheries

23 february 2011 Minimum Size Limits for Commercial Fishers Department of Fisheries

28 february 2011 Anketell Point Port development Proposal Environmental Protection Authority

2 march 2011 Permitting commercial Fishing Licence Holders to Apply for and Hold a Recreational Fishing Licence

Department of Fisheries

3 march 2011 An Alternative to the Existing Vessel Monitoring System for Vessels Under 6.9 meters

Department of Fisheries

8 march 2011 Proposed Amendments to Lake Argyle Fishery Notice 1994 Department of Fisheries

11 march 2011 WAFIC Request to Manage 0.25% Rd&E Allocation in gVP Access Fee Minister for Fisheries

14 march 2011 yawuru ILUA Negotiations and the Establishment of Marine Parks Department of Premier and Cabinet

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32 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

appendices

2011-2012 suBmissions & rePresentations Continued…

aPPendix 3 Continued…

date suBmission/rePresentation to

15 march 2011 Future of Commercial Fisheries and Wheatstone development Chevron Australia

17 march 2011 Proposed Carbon Tax and its Impacts on Commercial Fishing Commonwealth Minister for Agriculture, Fisheries and Forestry

28 march 2011 Browse Liquefied Natural gas Precinct Environmental Protection Authority

4 april 2011 Whiskery Shark Pupping Closure Proposal for 2011/12 Department of Fisheries

4 april 2011 Proposed Port Area at Freshwater Point and Proposed Adjustment of the Current Leeman Port Area

Department of Fisheries

11 april 2011 Matters Related to the 2010 Funding Reform decisions of government

Minister for Fisheries

11 april 2011 Legitimacy of Framework for an Independent Review on gVP Department of Fisheries

20 april 2011 Hamelin Bay Stingray Protection Department of Fisheries

27 april 2011 Access and Allocation for the Proposed South Coast Crustacean Managed Fishery

Department of Fisheries

27 april 2011 Point grey Marina development Environmental Protection Authority

27 april 2011 Allocation of Effort in developmental octopus Fishery Department of Fisheries

3 may 2011 WAFIC’s Resource Access Committees Views on how to Enhance Fisheries Compliance

Minister for Fisheries

4 may 2011 draft Work Health and Safety Model Regulations Minister for Commerce

5 may 2011 2011 Beach Access Review Submission Shire of Capel

10 may 2011 Resource Access of Commercial Fisher, Peter Fullarton Mineralogy

11 may 2011 Results of Consultation on Possible Changes to the 2010-11 West Coast Rock Lobster Season Arrangements

Minister for Fisheries

10-12 may 2011 Western Australian offshore Constitutional Settlement Industry Port Meetings, geraldton

Department of Fisheries, AFMA

20 may 2011 South-west Coast Beach Bait Net Fishery Department of Fisheries

20 may 2011 Alf Sharp, Evidence for Exemption to Installing a Vessel Monitoring System

Department of Fisheries

20 June 2011 determination of the 200m Isobath Line Amendment Department of Fisheries, AFMA

23 may 2011 Camden Sound Marine Park Hon Colin Barnett MLA, Premier and Minster For Fisheries

3 June 2011 Confirmation of WAFIC Funding for 2011-12 Minister for Fisheries

24 June 2011 BHP Billiton Proposed outer development, Port Hedland Environmental Protection Authority

13 July 2011 Reassessment of Mr Alf Sharp’s Application to be Exempt from Vessel Monitoring System Requirements

Department of Fisheries

25 July 2011 WAFIC Support for Amendments to the West Coast deep Sea Crustacean Management Plan

Department of Fisheries

29 June 2011 Funding Calculation for WAFIC as determined by gVP Department of Fisheries

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33Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

appendices

researCh and deVeloPment ProJeCts (Current or ComPleted in 2011-12)

aPPendix 4

ProJeCt desCriPtion/oBJeCtiVe fundinG sourCe ProPonent inVestment

r&d database FRdC WAFIC $28,000improving product quality of low-value seafood FRdC WAFIC/UWA $242,000innovative development of the octopus tetricus fishery in Western australia

FRdC Fremantle Octopus $76,295

predicting the impacts of shifting recreational fishing effort towards inshore fish species

FRdC RecFishWest $326,923

the use of BruV’s as a tool for assessing marine fisheries and ecosystems: a review of the hurdles and potential

FRdC WAFIC $57,463

spatial and temporal dynamics of Western australia’s commercially important sharks

FRdC Demersal Gillnet and Longline Fishery

$526,749

passive acoustic techniques to monitor aggregations of sound producing fish species

FRdC WAFIC $198,000

the Biological oceanography of Western rock lobster larvae FRdC Western Rocklobster $314,217oceanographic effects on larval distribution and settlement in the silver-lipped pearl oyster fishery

FRdC Pearling Industry $463,700

evaluating the potential use of change-in-ratio and index removal techniques for determining harvest rates and efficiency increases in the Western rock lobster fishery

FRdC Western Rocklobster $146,000

evaluation of population genetic structure in the Western rock lobster FRdC Jason Kennington UWA

electronic on-board monitoring pilot project for the pilbara trawl fishery

FRdC Geoff Diver Pilbara Trawl

$40,578

pilot phase trial to quantify the extent and relevance of any deepwater puerulus settlement that may have taken place in the Western rock lobster fishery

FRdC Western Rocklobster $195,534

Western rock lobster fishery industry congress FRdC Western Rocklobster $36,000an innovative approach to co-management in the cockburn sound Blue swimmer crab fishery

FRdC (Tactical

Research Fund)

Cockburn Sound Crab Fishermen

$121,000

informing risk assessment through estimating interaction rates between australian sea lions and Wa’s temperate demersal gillnet fisheries

FRdC (Tactical

Research Fund)

Demersal Gillnet and Longline Fishery

$50,000

measuring dropout rates from commercial demersal gillnets in Western australia

FRdC (Tactical

Research Fund)

Demersal Gillnet and Longline Fishery

$63,280

recovery after trawling: resurveying the north West shelf after 25 years of sustainable trawling

FRdC (Tactical

Research Fund)

Pilbara Trawl $135,239

tactical research fund: human capacity building for introduced marine pest monitoring in Western australia

FRdC (Tactical

Research Fund)

WAFIC $36,431

assessing alternative fishing seasons for red-legged banana prawns in the Joseph Bonaparte Gulf and future directions for collaborative research for the northern prawn fishery

FRdC (Tactical

Research Fund)

Northern Prawn Fishery $74,839

economic assessment of the impact of recent major changes to fisheries management in the Wa West coast demersal wetline fishery

FRdC (Tactical

Research Fund)

West Coast Demersal Scalefish Fishery

$74,300

Page 36: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

34 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

appendices

researCh and deVeloPment ProJeCts (Current or ComPleted in 2011-12)

aPPendix 4 Continued…

ProJeCt desCriPtion/oBJeCtiVe fundinG sourCe ProPonent inVestment

health benefits of seafood CRC WAFIC/Curtin University Centre of excellence for

Seafood Science and Health (CESSH)

$446,697

Value-added product development: Blue swimmer crab CRC Abacus Fisheries (Shark Bay Crab)

$323,400

automation in rl processing CRC Geraldton Fishermen’s Co-op. Western Rocklobster

$161,210

rl pot design CRC Western Rocklobster $53,381abalone enhancement CRC Abalone Industry

Association$74,192

economic yield of Western rocklobster fishery CRC DoFWA/Western Rocklobster $247,829retail transformation (communal project) CRC WAFIC $53,575australian salmon retail transformation CRC Australian Salmon

fishermen and processors$21,500

supply chains CRC Pilbara trawl and line fishermen

$60,584

dried Wa seafood products for the asian market CRC Shark Bay fishermen $122,346asian markets survey CRC WAFIC / USC $28,000ppa dive profiles *IdU PPA $18,020octopus trap development IdU Octopus developing fishery $267,500industry promotion in secondary schools IdU Peter Goulding

WAFIC$105,760

shark total utilisation IdU Shark fishermen & WAFIC

$50,575

south coast estuaries IdU SC Estuarine fishermen $248,480sc purse seine bird mitigation IdU SC Sardine fishermen and

SEANET$46,300

food safety planning IdU Peter Goulding WAFIC

$113,390

Grants website IdU Dan Machin ACWA

$97,500

leadership programme IdU Jo Ruscoe FRDC

$83,767

lobster financial data IdU Rowan Joubert Bird Cameron

$70,000

msc pre-assessments IdU Felicity Horn Shark and crab fishermen

$61,133

economic Baseline data IdU Anna Cronin WAFIC

ACIL Tasman

$65,000

Business capacity Building IdU Terry Adams Bursaries $39,500KGBf by-catch mitigation IdU KGBF fishermen &

SEANET$34,952

iphone data reporting IdU WAFICOM, Fishing companies, Real-time Data

$90,000

*IDU PROJECTS: These funds are held in trust on behalf of the Minister of Fisheries and do not form part of the WAFIC Financial position. The funds are allocated to approved projects only with the Minister’s approval.

Page 37: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

35Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

appendices

wa Coastal natiVe title determinations and outComes

aPPendix 5

Claim date determined/ ratified

sea extent terms of reCoGnition oVer tidal waters and sea (if aPPliCaBle)

Miriuwung gajerrong(Kimberley/NT)

See Attorney-General of the Northern Territory v Ward [2003] FCAFC 283

(see also Western Australia v Ward [2002] HCA 28)

9 december 2003

consent determination

based on litigated

outcomes

rights recognised

to low Water mark and also

on lacrosse, pelican and Kanggurryu

islands.

Rights recognised include non-exclusive rights to occupy, use and enjoy the land and waters in accordance with traditional laws and customs as follows:

ff the right of access to the land and waters;

ff the right to take fauna from the land and waters;

ff the right to take fish from the waters;

ff the right to take flora from the land and waters;

ff the right to take other natural resources of the land such as ochre, stones, soils, wood and resin;

ff the right to enter and remain on the land and waters;

ff the right to take water;

ff the right to engage in cultural activities on the land and waters, including to conduct ceremonies; and

ff the right to care for and maintain sites and areas that are of significance to the native title holders under their traditional laws and customs.

The doing of any activity required or permitted to be done by licence holders under FRMA or Pearling Act prevail over the native title rights and interests and any exercise of the native title rights and interests, but do not extinguish them, and the existence and exercise of the native title rights and interests does not prevent the doing of the activity.

To the extent that the other interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests, the native title continues to exist in its entirety, but the native title rights and interests have no effect in relation to the other interests to the extent of the inconsistency during the currency of those other interests. If those other interests are later removed or otherwise cease to operate, either wholly or partly, the native title rights and interests will again have full effect, wholly or partly as the case may be.

Karajarri Part B (Kimberley)

See Nangkiriny v WA [2004] FCA 1156

8 september 2004

(by consent)

native title rights recognised to Lowest

Astronomical Tide

native title claim are seaward

of lowest astronomical

tide dismissed

Recognition with respect to area of land between the Mean High Water Mark and the Lowest Astronomical Tide and any other tidal waters include non-exclusive rights to:

ff access to the land and waters;

ff take fauna, flora, fish and other traditional resources;

ff take the waters including flowing and subterranean waters;

ff engage in ritual and ceremony; and

ff care for, maintain and protect from physical harm, particular sites and areas of significance to the Karajarri.

They are exercisable in accordance with the traditional laws and customs of the native title holders for non-commercial purposes.

They do not confer possession, occupation, use and enjoyment to the exclusion of all others.

The native title rights and interests have no effect in relation to other rights and interests to the extent of any inconsistency.

Page 38: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

36 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

appendices

wa Coastal natiVe title determinations and outComes

aPPendix 5 Continued…

Claim date determined/ ratified

sea extent terms of reCoGnition oVer tidal waters and sea (if aPPliCaBle)

Ngalarma Injibarndi(Pilbara)

See Daniel v State of WA [2005] FCA 536

federal court determination

2 may 2005 (litigated)

full federal court

judgement handed down in June 2007 but findings

did not affect recognition

of rights and interests in

marine areas.

native title rights

recognised to Low Water

Mark

Non-exclusive rights recognised to be held by the Ngalarma People in the intertidal areas include:

ff right to access;

ff a right to fish, hunt and forage for and take fauna (including fish, shell fish, crab, oysters, sea turtle, dugong, goanna, kangaroo, emu, bush turkey, echidna, porcupine, witchetty grub, swan), limited in the case of water fauna to coastal waters landward of the low water mark and inland water courses;

ff right to protect and care for sites and objects of significance.

Non-exclusive rights recognised to be held by the Yindjibarndi People include:

ff right to access (including to enter, to travel over and remain);

ff right to fish from the waters, limited to the millstream-fortescue area;

ff right to hunt and forage for and take fauna (including fish, shell fish, crab, oysters, goanna, kangaroo, emu, turkey, echidna, porcupine, witchetty grub and swan but not including dugong or sea turtle), limited to the millstream-fortescue area and the upper reaches of the sherlock river.

They are exercisable in accordance with the traditional laws and customs of the Native Title Holders non-commercial purposes.

They do not confer possession, occupation, use and enjoyment to the exclusion of all others.

The native title rights and interests have no effect in relation to other rights and interests to the extent of any inconsistency.

Native title rights and interests do not exist in relation to offshore waters, Depuch Island and some areas of land.

Rubibi (Kimberley)

See Rubibi v WA [2006] FCA 459

28 april 2006 (litigated)

native title rights

recognised to the low Water

mark

native title extinguished in the port vesting

of Broome

Non-exclusive rights recognised in intertidal areas include:

ff right to access, move about in and on and use the land and waters

ff the right to hunt and gather in and on the land and waters, including for dugong and turtle for non-commercial purposes;

ff the right to access, use and take any of the resources of the land and waters for non-commercial purposes;

ff the right to maintain and protect the land and waters, including its places of spiritual significance

They do not confer possession, occupation, use and enjoyment on the native title holders to the exclusion of all others.

They are exercisable in accordance with the traditional laws and customs of the native title holders and the laws of the State and Commonwealth.

Other interests co-exist with the native title rights and interests. Native title rights and interests have no effect in relation to the other rights and interests to the extent of the inconsistency during the currency of the other rights and interests.

Page 39: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

37Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

appendices

wa Coastal natiVe title determinations and outComes

aPPendix 5 Continued…

Claim date determined/ ratified

sea extent terms of reCoGnition oVer tidal waters and sea (if aPPliCaBle)

Ngarla (Pilbara)

See Brown v WA [2007] FCA 1025

30 may 2007 (by consent)

native title rights recognised to Lowest

Astronomical Tide

native title does not exist

in relation to land and

waters seaward of the lowest astronomical

tide

Determination recognises non-exclusive rights to:

ff access and camp on the land and waters

ff take flora, fish, water and other traditional resources (excluding minerals) from the land and waters

ff care for, maintain and protect from physical harm, particular sites and areas of significance

These rights do not confer a right to control the access of others to the land and waters.

They are exercisable in accordance with the traditional laws and customs of the native title holders for non-commercial purposes.

The native title rights and interests have no effect in relation to other rights and interests to the extent of any inconsistency.

Thalanyji (Pilbara)

See Hayes v WA [2008] FCA 1487

18 september 2008

(by consent)

native title rights

recognised to Low Water

Mark

claim area seaward of the

low Water mark dismissed.

native title extinguished in port vesting

of onslow.

Determination recognises non-exclusive rights to:

ff hunt, fish, gather and use the traditional resources of the land and waters;

ff engage in ritual and ceremony on, and in relation to, the land and waters of the determination area; and

ff care for, maintain and protect from physical harm, particular sites, areas and ceremonial or other sacred objects connected with the land and waters of the determination area, which are of significance to the native title holders.

They are exercisable in accordance with the traditional laws and customs of the Native Title Holders non-commercial purposes.

They do not confer possession, occupation, use and enjoyment to the exclusion of all others.

The native title rights and interests have no effect in relation to other rights and interests to the extent of any inconsistency. Furthermore, they do not prevent the doing of any activity required or permitted to be done by or under the Other Interests.

Page 40: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

38 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

appendices

wa Coastal natiVe title determinations and outComes

aPPendix 5 Continued…

Claim date determined/ ratified

sea extent terms of reCoGnition oVer tidal waters and sea (if aPPliCaBle)

Nyangumarta Part A (Pilbara)

See Hunter v WA [2009] FCA 654

11 June 2009 (by consent)

native title rights

recognised to the Lowest

Astronomical Tide

Determination recognised following non-exclusive rights in inter-tidal areas:

ff the right to access, remain within, and move freely through and within each part of the determination [intertidal] area:

ff to fish and hunt for non-commercial needs;

ff take flora and fauna;

ff take traditional resources, including shells for non-commercial needs;

ff share and exchange natural resources for non-commercial needs;

ff engage in cultural activities in the area, including the transmission of cultural heritage knowledge;

ff conduct ceremonies;

ff hold meetings; and

ff visit, maintain and protect from physical harm, places and sites of importance

The nature of rights recognised in relation to P. maxima are:

ff the rights to take live adult p. maxima for the purpose of substance and live and dead adult p. maxima for the purpose of using its shell for the ceremonial activities (including the ceremonial exchange of goods) in accordance with a traditional ceremony

Provided that:

ff the take of p. maxima is not done while using artificial breathing apparatus (eg scuba or hookah) [note: snorkels are oK]

ff p. maxima is not sold, bartered or exchanged (other than in accordance with traditional ceremonies)

They are exercisable in accordance with the traditional laws and customs of the Native Title Holders non-commercial purposes.

They do not confer possession, occupation, use and enjoyment to the exclusion of all others.

Bardi Jawi (Kimberley)

See Sampi v WA (No 2) [2010] FCAFC 99

18 august 2010 (litigated)

native title rights

recognised to 3 nautical miles

Non-exclusive rights recognised in the seaward areas (including intertidal areas) include:

ff the right to access, move about in and on and use and enjoy those areas;

ff the right to hunt and gather including for dugong and turtle;

ff the right to access, use and take any of the resources thereof (including water and ochre) for food, trapping fish, religious, spiritual, ceremonial and communal purposes.

There are some reef features known as Lalariny and Alarm Shoals which includes the right to care for, maintain and protect those parts but doesn’t include the right to access, use or take any of the resources on those parts.

The rights are exercisable in accordance with the traditional laws and customs of the native title holders and the laws of the State and Commonwealth.

The native title rights and interests have no effect in relation to the other rights and interests to the extent of inconsistency. Furthermore they do not prevent the doing of any activity required or permitted to be done by or under the other rights and interests.

Note: WAFIC participated in an appeal to the Full Federal Court submitting that the native title determinations must explicitly spell out that that native title rights and interests were exercisable for non-commercial purposes only. However the Full Federal Court dismissed WAFIC’s appeal and held that it was not necessary for the determination to state expressly that native title rights were exercisable for non-commercial purposes notwithstanding that it accepted that such rights were only exercisable for such purposes.

Page 41: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

39Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

appendices

wa Coastal natiVe title determinations and outComes

aPPendix 5 Continued…

Claim date determined/ ratified

sea extent terms of reCoGnition oVer tidal waters and sea (if aPPliCaBle)

Uunguu(Kimberley)

see Goonack v WA [2011] FCA 516

23 may 2011 (by consent)

native title rights

recognised to 12 nautical miles (including over

islands)

Attachment A of determination provides that negotiations will be entered into between the native title holders and the State Government to reach agreement on the relationship between the native title rights and interests in the Determination Area and the non-native title rights and interests which exist on the land and waters within the Determination area. These negotiations or agreements may relate to, among other matters, the navigation of public waters by members of the public. If the matters under negotiation may affect the holders of any interests within the Determination Area that are either represented by WAFIC or held by Paspaley Pearls Group, then the State will consult with WAFIC or the Paspaley Pearls Group during the course of the negotiations about how the negotiations may affect those interests.

Non-exclusive native title rights recognised in the intertidal areas include:

ff the right to enter, travel over and remain on the intertidal area

ff the right to live and camp on the intertidal area (including erecting shelters and other structures for those purposes);

ff the right to hunt, fish, gather and use the resources of the intertidal area including:

ff (i) sharing and exchanging those resources; and

ff (ii) manufacturing traditional items from those resources,

ff for personal, domestic and communal needs (including, but not limited to cultural or spiritual needs) but not for commercial purposes

ff the right to light fires for domestic purposes;

ff the right to take and use water from the intertidal area; and

ff the right to engage in cultural activities on the intertidal area including:

ff (i) visiting places of cultural or spiritual importance and protecting those places by carrying out lawful activities to preserve their physical or spiritual integrity;

ff (ii) conducting ceremony and ritual;

ff (iii) holding meetings;

ff (iv) participating in cultural practices relating to birth and death, including burial rights;

ff passing on knowledge about the physical and spiritual attributes of the determination area and areas of importance on or in the determination area; and

ff maintaining, and protecting from physical harm, places and areas of importance including, for the avoidance of doubt, freshening or repainting images at painting sites.

Non-exclusive rights in relation to the waters (including sea areas) include:

ff the right to enter, travel over and remain on the waters;

ff the right to hunt, fish, gather and use the resources of the waters for personal, domestic and communal needs but not for commercial purposes

ff the right to take and use water.

The native title rights to not confer a right to control the access to, or use of, the land and waters of the Determination Area. Further, the native title rights and interests have no effect in relation to other rights and interests to the extent of any inconsistency. Furthermore, they do not prevent the doing of any activity required or permitted to be done by or under the Other Interests.

Page 42: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

40 Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

appendices

wa Coastal natiVe title determinations and outComes

aPPendix 5 Continued…

Claim date determined/ ratified

sea extent terms of reCoGnition oVer tidal waters and sea (if aPPliCaBle)

dambim-angari(Kimberley)

see Barunga v WA [2011] FCA 518

26 may 2011 (by consent)

native title rights

recognised to 3 nautical miles (including over

islands)

Attachment A of determination provides that negotiations will be entered into between the native title holders and the State Government to reach agreement on the relationship between the native title rights and interests in the Determination Area and the non-native title rights and interests which exist on the land and waters within the Determination area. These negotiations or agreements may relate to, among other matters, the navigation of public waters by members of the public. If the matters under negotiation may affect the holders of any interests within the Determination Area that are either represented by WAFIC or held by Paspaley Pearls Group, then the State will consult with WAFIC or the Paspaley Pearls Group during the course of the negotiations about how the negotiations may affect those interests.

Non-exclusive native title rights recognised in the intertidal areas include:

ff the right to enter, travel over and remain on the intertidal area

ff the right to live and camp on the intertidal area (including erecting shelters and other structures for those purposes);

ff the right to hunt, fish, gather and use the resources of the intertidal area including:

ff (i) sharing and exchanging those resources; and

ff (ii) manufacturing traditional items from those resources,

ff for personal, domestic and communal needs (including, but not limited to cultural or spiritual needs) but not for commercial;

ff the right to light fires for domestic purposes;

ff the right to take and use water from the intertidal area; and

ff the right to engage in cultural activities on the intertidal area including:

ff visiting places of cultural or spiritual importance and protecting those places by carrying out lawful activities to preserve their physical or spiritual integrity;

ff (ii) conducting ceremony and ritual;

ff (iii) holding meetings;

ff participating in cultural practices relating to birth and death, including burial rights;

ff passing on knowledge about the physical and spiritual attributes of the determination area and areas of importance on or in the determination area; and

ff maintaining, and protecting from physical harm, places and areas of importance including, for the avoidance of doubt, freshening or repainting images at painting sites.

Non-exclusive rights in relation to the waters (including sea areas) include:

ff the right to enter, travel over and remain on the waters;

ff the right to hunt, fish, gather and use the resources of the waters for personal, domestic and communal needs but not for commercial purposes

ff the right to take and use water.

The native title rights to not confer a right to control the access to, or use of, the land and waters of the Determination Area.

Further, the native title rights and interests have no effect in relation to other rights and interests to the extent of any inconsistency. Furthermore, they do not prevent the doing of any activity required or permitted to be done by or under the Other Interests.

Page 43: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

41Western Australian Fishing Industry Council AnnuAl RepoRt 2011–2012

appendices

Claim date determined/ ratified

sea extent terms of reCoGnition oVer tidal waters and sea (if aPPliCaBle)

Nyangumarta-Kariyarra overlap Proceeding - yawinya (Pilbara/Kimberley)

Yawinya

See Hunter v WA [2012] FCA 690

25 may 2012 (by consent)

native title rights

recognised to the Lowest

Astronomical Tide

Determination recognised following non-exclusive rights in inter-tidal areas:

ff the right to access, remain within, and move freely through and within each part of the determination [intertidal] area:

ff to fish and hunt for non-commercial needs;

ff take flora and fauna;

ff take traditional resources, including shells for non-commercial needs;

ff share and exchange natural resources for non-commercial needs;

ff engage in cultural activities in the area, including the transmission of cultural heritage knowledge;

ff conduct ceremonies;

ff hold meetings; and

ff visit, maintain and protect from physical harm, places and sites of importance

The nature of rights recognised in relation to P. maxima are:

ff the rights to take live adult p. maxima for the purpose of substance and live and dead adult p. maxima for the purpose of using its shell for the ceremonial activities (including the ceremonial exchange of goods) in accordance with a traditional ceremony

Provided that:

ff the take of p. maxima is not done while using artificial breathing apparatus (eg scuba or hookah) [note: snorkels are oK]

ff p. maxima is not sold, bartered or exchanged (other than in accordance with traditional ceremonies)

They are exercisable in accordance with the traditional laws and customs of the Native Title Holders non-commercial purposes.

They do not confer possession, occupation, use and enjoyment to the exclusion of all others.

wa Coastal natiVe title determinations and outComes

aPPendix 5 Continued…

Page 44: Board of Directors...Business at the University of Notre Dame Australia. Professor Kailis holds qualifications in law and management and has had extensive industry, government and

wa fishinG industry CounCil (inC)

Level 156 Marine TerraceFremantle 6160Western Australia

Postal Address:Po Box 1605FREMANTLE WA 6959 T +61 08 9432 7777F +61 08 9432 7700E [email protected]