EASTERN TUNA AND BILLFISH FISHERY MANAGEMENT ADVISORY COMMITTEE

(Eastern Tuna MAC) 69 Agenda item number: 7.1 Agenda item title: Compliance report

Recommendations:

1. That the Management Advisory Committee (ETMAC) notes:

a. the compliance activities undertaken in the Eastern Tuna and Billfish Fishery (ETBF) since 1 July 2006; and

b. the move to annual compliance reporting to MACs as part of the new domestic compliance program implementation on 1 July 2007.

Compliance Operations

Inspections1

2. Since 1 July 2006 there have been 67 vessel inspections conducted in the ETBF, 21 vessels were inspected at-sea while the remaining 46 were conducted in port. This represents fifty seven percent of the nominated ETBF fleet inspected at least once, and 16 vessels inspected on more than one occasion.

3. In addition, 23 fish receivers have been inspected since 1 July 2006.

4. In the corresponding period there have been a total of 1337 trips/landings of which 5.01% were inspected by AFMA fisheries officers.

5. Six offences were detected in relation to failure to complete logbooks/catch disposal records (CDRs), exceeding bycatch and false submission of catch records.

At-sea patrols

6. Three at-sea patrols have been conducted during the reporting period. One from 4 to 7 November 2006 covered an area from Port Jackson to Fraser Island, a second from 4 to 8 September 2006 operating from Narooma to Noosa Heads and a third from 29 April to 1 May 2007 operating around the Coffs Harbour / Yamba region.

7. From the at sea patrols fifteen offences were detected in relation to the removal of shark fins from their carcasses while at sea, for having unauthorised representatives, fishing in closures, failing to obey fisheries officers instructions, non compliance with

1 Figures as received by AFMA prior to 28 May 2007.

the Thereat Abatement Plan (TAP) and for failure to complete/submit logbooks and CDRs.

Aerial surveillance

8. Seven aerial surveillance flights were carried out in September and November 2006, with one offence detected regarding TAP breaches which is currently under investigation.

Investigations and administrative activity

9. Since 1 July 2006 AFMA has conducted and/or finalised 35 investigations/cases of non-compliance in the ETBF. Fourteen cases were carried over from previous years and 21 new cases have been detected since 1 July 2006. The compliance report provided to the MAC at the March 07 meeting incorrectly advised that AFMA had conducted and/or finalised 42 investigations/cases of non-compliance in the ETBF since 1 July 2006. However eight of these cases had been finalised prior the commencement of the 2006/07 financial year.

10. A breakdown of the 21 new cases detected since 1 July 2006 as listed above in inspections and in at-sea patrols can be seen in figure 1 below.

Figure 1: Breakdown of offences detected in the ETBF since 1 July 2006

0

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11. Twelve investigations remain under active investigation by AFMA. Additionally, three cases are currently before the courts and four cases have been referred to the Commonwealth Department of Public Prosecutions (CDPP) for action.

12. Sixteen matters were finalised of which seven have been resolved by the issuing of Commonwealth fisheries infringement notices (CFINS).

13. Since 1 July 2006 15 CFINs were also issued for failing to submit prior landing reports, failure to supply notice about name and powers of agents (authorised agents), failure to submit/complete catch disposal records (CDRs) on time and non-operational VMS.

New domestic compliance program

14. ETMAC was advised on 12 January 2006 of changes to the domestic compliance program from 1 July 2007 as a result of the compliance review. In addition, the MAC was further informed of the changes at the March 2007 ETMAC meeting.

15. Under the new domestic compliance program, compliance will report annually to stakeholders on the compliance activities in each fishery in a compliance annual report. Compliance update papers for each MAC meeting will be replaced by the annual report. If MACs require specific information from compliance for a MAC meeting this can be supported upon request, however the revised compliance program is partially funded through a reduction in staff time spent providing MACs with reports at every MAC meeting and therefore, more frequent reporting has not been included in the budget.

16. Compliance has budgeted to attend one MAC meeting per fishery per year to present the annual compliance report and progress discussions on budgets and risk assessments for the following year. Compliance will attend an ETMAC meeting within the next financial year to discuss risk assessments and budgets.

VMS implementation

17. As of 1 July AFMA will implement integrated computer vessel monitoring systems (ICVMS) across the entire Commonwealth fishing fleet. Fact sheet were sent to all concession holders in March and June 2007 (see attachments).

FOR INFORMATION

AFMA Compliance

June 2007

Update March 2007 Vessel Monitoring System - Implementation 1 July 2007

AFMA will implement integrated computer vessel monitoring systems (ICVMS) across the entire Commonwealth fishing fleet. By 1 July 2007, every vessel endorsed to fish in Commonwealth waters will be required to have an operational ICVMS unit monitored by AFMA. We strongly encourage you to start sourcing a unit now to avoid any delays.

What is an ICVMS unit?

An ICVMS comprises a GPS receiver, a satellite transponder and a computer. ICVMS provides two-way communication between a vessel and AFMA. ICVMS units pass location details about your vessel through a satellite system to AFMA. The addition of a computer allows for the use of email and other two-way communication.

Why do I need VMS on my vessel?

In December 2005 the Minister for Fisheries Forestry and Conservation directed AFMA to enhance the monitoring of fishing activity, which included an increased use of VMS systems. AFMA requires all boats operating in Commonwealth waters to have operational, a VMS by 1 July 2007. ICVMS is a cost-effective way to monitor licensed vessels in Commonwealth waters and assists AFMA to focus compliance resources where they are the most effective. ICVMS also offers additional benefits to the fishing industry such as improved safety and communications.

How much will ICVMS cost me?

Prices for VMS units vary depending on make, model and specification. ICVMS units cost approximately $5000, but this price will vary depending on the computer purchased and installation costs. Current equipment prices can be obtained from the suppliers of approved VMS units.

Where can I purchase a VMS unit?

Inmarsat-C VMS units can be purchased through Electrotech Australia and Taylor Marine:

Taylor Marine Electrotech Australia Tel: + 61 8 9431 9500 Tel: +61 2 9646 0555 Email: admin@taylormarine.com.au Email: sales@electrotech.net.au Ken Brown, Director Vijay Susarla, Satellite Commercial Sales Communications Manager

Who can I contact for more information? If you have any questions regarding these changes to Commonwealth Fisheries Management, please call the AFMA VMS Officers: Ph: 02 6225 5387 02 6225 5369 0448 248 948 Fax: 02 6225 5442

Email: vmsinfo@afma.gov.au

VMS antenna mounted onboard a fishing vessel

Which VMS units can I use?

There are five units currently approved for use in Commonwealth fisheries:

1. Thrane and Thrane Capsat transceiver model TT-3026S Mini-C. 2. Thrane and Thrane Capsat transceiver model TT-3026D, Mini-C. 3. Thrane and Thrane Capsat transceiver model TT-3022D. 4. Furuno Mini-C Mobile Earth Station transceiver model Felcom 16 with

Encrypted GPS. 5. Trimble VMS units can be used on vessels but AFMA no longer

approves their installation. Currenlty installed Trimble VMS units can remain in use on vessels but units are not approved for future installation.

Each of these VMS units has specific software that is compatible with their use. Electrotech Australia and Taylor Marine can advise you on the correct software for your VMS unit.

How do I install my VMS?

VMS units must be installed by a technician who is authorised by the unit manufacturer’s agents. Taylor Marine and Electrotech Australia authorise technicians for the four VMS units you can currently install, as listed above.

How do I activate my VMS?

Operators and suppliers need to complete and submit to AFMA the relevant sections of the following documents:

• Data Network Identifier (DNID) Download Agreement • Inmarsat-C Distress Alert Contact Details • VMS Installation Certificate.

It is the responsibility of the concession holder to confirm that this paperwork has been completed and submitted to AFMA before the vessel goes to sea. AFMA will normally process the DNID download within 48 hours, in business hours. Copies of these forms can be found at:

http://www.afma.gov.au/industry/vms/dnid_download_agreements_nov2004.pdf

I have a small boat. Is ICVMS still required?

The implementation of ICVMS applies to all vessels operating in Commonwealth fisheries. However, exemptions may be available for smaller vessels that have inadequate power supplies or where the approved ICVMS units can not physically be fitted. AFMA is presently developing standards for this exemption and is investigating the potential for other technologies to be used for VMS. The next VMS fact sheet sent out by AFMA will advise you on AFMA’s progress in identifying and approving other VMS technologies, and how to apply for any exemptions that may be available.

I have an ICVMS unit for fishing in state waters. Do I need another unit?

No. If your VMS unit is one of the five approved types, you can use it for both state and Commonwealth requirements. Please contact AFMA for further information on how to do this.

Thrane and Thrane 3026S Inmarsat-C

Thrane and Thrane 3026D Inmarsat-C

Thrane and Thrane 3022D Inmarsat-C

Furuno Felcom 16 Inmarsat-C

Reference: F2006/0617

16 May 2007 Dear Concession holder

Re: APPLICATION FOR LICENCE HOLDER TO BE CONSIDERED ICVMS MODIFICATION.

On 1 July 2007 AFMA will implement integrated computer vessel monitoring systems (ICVMS) across the entire Commonwealth fishing fleet. AFMA has recognised that it may not be practical to install one of the approved Inmarsat-C ICVMS units on all vessels fishing nominated to Commonwealth concessions. In response, AFMA may grant a modification approval for the use of ICVMS. On a case by case basis, AFMA may approve one of the following two modified configurations:

1) An exemption from the requirement to have a personal computer linked to the Inmarsat-C VMS unit;

2) An exemption from the requirement to have one of the five approved Inmarsat-C

VMS units. You will be required to fit an Inmarsat D+ VMS unit. AFMA has, in conjunction with representatives of the Commonwealth Fisheries Association (CFA), completed a review of alternative VMS technologies carried out through an expression of interest (EOI) process. The EOI review panel has identified the Inmarsat D+ unit as a suitable alternative for use by smaller vessels. To be considered for an approved modification from AFMA, you will need to fill out the ‘Application for ICVMS Modification’ form which is attached to this letter. The form must be submitted to AFMA by 1 June 2007 for consideration. All fields must be completed. AFMA may not consider your application if you have not provided the required information for consideration.

If you have any questions regarding this decision or policy, please contact me on 02 6225 5387 or email craig.patterson@afma.gov.au.

Yours sincerely

Craig Patterson

Project Manager VMS Implementation

Australian Fisheries Management Authority

APPLICATION FOR ICVMS MODIFICATION

This form is to be completed in full. AFMA may confirm information provided in this form during its assessment.

(Information provided in this application is to be true and correct. Deliberately providing inaccurate information is an offence under Section 135.1 of the Criminal Code – Acting with the intention of obtaining a gain from a Commonwealth entity by dishonest means)

Concession Holder details 1. Concession holder name

Contact Person

2. Contact numbers Business: Mobile:

3. Postal address State Postcode

Concession and Vessel Details

4.

Vessel Name

Vessel type Vessel (e.g.Trawler) Symbols

5. List all Concessions including fishery and expiry date

Concession Number or SFR Fishery Expiry date

*Please attach further concessions if space is not available.

6. Vessel Details continued

Vessel length metres

Hull Type (e.g. Timber)

Vessel Colour

Power supply volts amps

Genset/Alternator fitted (please circle) Yes / No KVA

Engine type (inboard/outboard)

Battery capacity

In Port shore based power (please circle) Yes / No

7. Characteristics of vessel structure

Is the vessel fitted with a wheelhouse (please tick) or console?

Wheelhouse Console

Size of wheelhouse (estimate length x width x height)

Is the wheelhouse fully enclosed? (please circle) Yes / No

If ‘No’ please describe further (use space below if required)

8. Please list the electronic equipment onboard your vessel (e.g. Plotter, GPS, SAT Phone, Radar, Fridge, Microwave, Television etc.)

9. Briefly describe the limiting factors that have prompted you to seek an ICVMS modification from AFMA.

To assist with the assessment AFMA requires you to provide a current side view photo of your vessel, showing your vessel symbol. Please attach any other information to this form that you consider may assist in your application (e.g. advice from VMS technicians or other photographs). Photographs and supporting documents can be emailed to AFMA on vmsinfo@afma.gov.au

Declaration I declare that I ,..............................................................……., am authorised by the concession holder for the nominated vessel………………………………. ………………………………………………………..............., with the distinguishing symbol,......................................………………………………….. . Every effort has been made to ensure all information provided is true and correct. Signature: ……………………………………………… Date: ……………………………………………………

(Information provided in this application is to be true and correct. Providing inaccurate information is an offence under Section 135.1 of the Criminal Code – Acting with the intention of obtaining a gain from a Commonwealth entity by dishonest means)

EASTERN TUNA AND BILLFISH FISHERY MANAGEMENT ADVISORY COMMITTEE

(EASTERN TUNA MAC) 69

Agenda Item 7 – Other Business

7.2 – Review of Code of Practice

Recommendation

1. That Members:

• note the attached paper that examines the elements of the CoP in terms of whether they are now covered by some form of compulsory regulation; and

• consider the continued utility of a CoP or whether those elements that are not compulsory could be conveyed to industry differently.

Background

2. The Eastern Tuna and Billfish Fishery Industry Code of Practice for Responsible Fishing (CoP) was published in 2003 and aimed to address a number of issues in the fishery, particularly those related to the Bycatch Action Plan for Australia’s Tuna and Billfish Longline Fisheries (BAP) and the Threat Abatement Plan for the Incidental Catch (or Bycatch) of Seabirds during Oceanic Longline Fishing Operations (TAP).

3. The East Coast Tuna Boat Owners Association (ECTBOA) in conjunction with SeaNet were responsible for the development of the CoP, with funding for development and publication obtained from both government and non-government sources.

4. Since the CoP was developed in 2003, the structure of the fishery as well as the measures used to mitigate bycatch and TEP species interactions have changed significantly with many of the voluntary measures stipulated by the Code becoming mandatory.

Discussion

5. A brief analysis of those measures stipulated by the CoP has been included in appendix 1, with their current status as voluntary or mandatory measures indicated.

6. The analysis shows that compulsory arrangements are in place that cover the mitigation of seabirds, but there remain a significant number of CoP actions, such as altering fishing practices and handling/releasing TEP species that have not been prescribed.

7. Industry members and SeaNet have previously suggested that posters and DVDs may be more appropriate for this type of issue than a formal CoP.

AFMA Management – June 2007

Eastern Tuna MAC 69, 19 &20 June 2007

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Appendix 1 Note: Any action contained within the Code that is regulation has been given the symbol ® for regulation. Additionally the letters before and after identify the type of regulation, for example an action governed by Commonwealth Environmental regulation would be identified as C®E. As such the following abbreviations have been used to indicate the jurisdiction and type of regulation referred to by the Code.

Jurisdiction (before the ®)

C – Commonwealth

S – State

L – Local

Type of regulation (after the ®)

E – Environmental

T – Transport

F – Fisheries

O – Occupational Health & Safety

G – General

1.1 Seabirds

Note: The COP still refers to 30°S as the dividing latitude for seabird mitigation measures instead of 25°S.

Mitigation measures - Mandatory - (C®F)

All Areas

There are exemptions for all areas to these regulations (both North and South of 30ºS) if the vessel holds a fishing concession or scientific permit (C®F).

See Industry Initiative below for more information.

Fishers must:

Eastern Tuna MAC 69, 19 &20 June 2007

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Action in CoP Mandatory Voluntary Not discharge offal from the boat while setting (C®F). Voluntarily fishers should avoid discarding any item of an edible nature (even cardboard packing from bait boxes); and

X X

If discharging offal during hauling, do so under the following conditions: while the vessel is not making way (C®F) and from the opposite side of the vessel to that where the line is being hauled (C®F).

X

South of 30°S 25°S Use an approved tori pole apparatus attached to the boat at each point at which hooks enter the water (C®F);

X

Set at night, that is after nautical dusk on a day and before nautical dawn on the following day (C®F); and Use only thawed baits on the hooks (C®F).

X

North of 30ºS 25°S Carry an approved tori pole apparatus on the vessel

(C®F). These will be used when it is apparent there are seabirds in the area.

X

Mitigation measures – Voluntary

Fishers will select and correctly use fishing gear and mitigation measures and undertake practices that minimise the probability of seabird by-catch (TAP). Fishers should:

General considerations:

Action in CoP Mandatory Voluntary Carry a spare tori line in case of failure or loss of the X primary tori line;Use bait casting machines on all suitable vessels (TAP); X

Use bird scaring lines when birds are encountered during line setting in fishing areas north of 30ºS X (TAP);

Where practical, use weighted swivels (38g or X greater);Use live bait where possible as experience has found that it reduces the capture of seabirds; X

Avoid the use of baits which retain air in their swim bladder and/or puncture swim bladders on baitfish X (TAP);Where available use line shooters to avoid line X tension astern and prevent bait loss; andNight set north of 30ºS (TAP).

X

Eastern Tuna MAC 69, 19 &20 June 2007

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When setting:

Action in CoP Mandatory Voluntary If not required consider setting lines at night to reduce the visibility of the bait for most seabirds; X

When setting the line at night, use back work-lights X in a way to avoid birds locating the baitWhere practical set the line with the wind to prevent birds from hovering behind the vessel X

When setting in areas of birds, adjust setting speed to ensure that branchline sink rates are maximised and the line does not become taut thus bringing set baits to the surface;

X

All attempts should be made to maximise bait sink rates. For example during setting, when casting the snood, if there is a weighted swivel throw this first, X this will drag the rest of the line out from the bin. Therefore the weighting is having maximum effect immediately after the baited hook is thrown; andThrowing baits in a position behind the boat that

X maximises the sink rate and reduces the bait’s

visibility to birds.

Hauling and seabird handling:

Action in CoP Mandatory Voluntary Use best practices to retrieve the snood as quickly as possible to minimise bait availability to birds; X

Where practical adjust vessel speed and main line hauling rate so that baited hooks do not trail behind X the vessel astern;When winching up, the unused baits should be retained on deck and not thrown into the water; X

Promote safe release of all seabirds caught alive on longlines (TAP) by using appropriate handling X practices;

Ensure hooks are removed from fish discards (TAP); X andWhere fishers have practices which catch no seabirds,

or very few, inform other fishers of the techniques. X

Eastern Tuna MAC 69, 19 &20 June 2007

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1.2 Sharks

Fishers should be aware and remain informed about the International Plan of Action (IPOA) for the Management of Sharks and Australia’s National Plan of Action (NPOA) for the Management of Sharks.

An important part of the plan is the need to gather more information on sharks. Logbook information will provide greater certainty in assessing the take of sharks, ensuring a more realistic approach to determining the sustainable level of take.

Fishers should:

i. Report in accordance with the guidelines outlined in section 3.6.1 Cooperation with management agencies (see appendix 2). (MOSTLY MANDATORY)

Mitigation measures - Mandatory - (C®F)

Finning is now banned and all shark carcasses are required to be landed with fins attached (C®F). Fishers should also remain informed of state regulations regarding the take of sharks (S®F).

Mitigation measures – Voluntary

Fishers should:

Action in CoP Mandatory Voluntary X Not target sharks for fins;

Ensure the shark is dead before processing by cutting through the backbone behind the head; X

Make every attempt to utilise all of the shark product, by making all efforts to pursue markets for the product so that it is not wasted;

X

If sharks are not going to be utilised every effort should be made to release them alive and in a state that will maximise their recovery; and

X

If releasing a shark, where practical remove hooks, any monofilament line wrapped around it and wire trace as wire trace tends to swing loose along the side

of the animal and rubs the skin around the gills and

causes severe damage. If the animal is hooked in the stomach, the line should be cut as short as possible and the animal set free.

X

Eastern Tuna MAC 69, 19 &20 June 2007

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1.3 Turtles

Mitigation measures – Voluntary

In order to ensure the survival of released turtles, fishers should:

Longline fishers should:

Action in CoP Mandatory Voluntary Set gear in a way that minimises turtle capture or interaction, for more information contact SeaNet; X

Gently retrieve the turtle close to the boat while keeping it in the water; X

Once alongside, determine the best course of action depending on size, hooking status, species and condition eg. whether to bring the turtle onboard (small comatose turtles should be retrieved immediately with a minimum chance of further injury);

X

If the turtle is small enough to be brought onboard using a safe method (generally not by the line) eg.

dip net (do not use a gaff or pull on the snood) then remove the hook, possibly using a de-hooking device, or cut the line off as close as possible;

X

If the turtle is too large to bring on board - attempt to remove the hook and as much line as possible (preferably by using a de-hooker or line clippers);

X

If the turtle is active (ie. moving strongly and breathing regularly), release the turtle headfirst with the vessel stationary and the engine in the neutral gear. Note: that turtles that may appear lifeless are not necessarily dead and if returned to the water before they recover may die; and

X

If a small turtle requiring resuscitation has been brought aboard, apply recovery procedures as demonstrated in Chapter 4 of the Protected Species Handling Manual.

X

Where practical scan the mainline in advance during gear retrieval for turtles (to reduce the chance that the turtle will be further traumatised by pulling it X

along the surface);If a turtle is noticed on the line, slow down to reduce trauma to the animal; and X

Ensure the vessel does not get ahead of the mainline (to increase the probability of sighting a turtle and

reduce the chance of it being dragged).X

Eastern Tuna MAC 69, 19 &20 June 2007

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1.4 Marine mammals

Mitigation measures – Voluntary

Marine mammals include whales, dolphins and seals. The capture of marine mammals in the ETBF is extremely rare but when this does occur fishers should make all efforts to release the animal as quickly and carefully as possible to ensure its survival.

Fishers should:

i. Apply recovery procedures if required which are described in the Protected Species Handling Manual in Chapter 3. (VOLUNTARY)

Appendix 2

Item 3.6.1 in CoP: Cooperation with management agencies

i. Fishers through industry representation should assist in the development of fisheries policies, in full consultation with management and other regulatory agencies to ensure conservation of fish resources and protection of the environment.

Observers

Observers can play an important role in collecting data and samples. Fishers should:

i. Before carrying observers check that vessel survey provisions are not exceeded and appropriate contracts, authorisation and certifications with observer providers are in place;

ii. Provide work conditions similar to that afforded to crew; and

iii. Where practical and possible, assist observers in carrying out their duties.

Logbooks

Accurate reporting will increase AFMA’s confidence in data collection and contribute to reducing costs and the need to have observers. Additionally accurate reporting provides more scientific information, providing a better understanding of the fishery. Fishers:

i. Must provide accurate and timely data on their catches both retained and released by completing the AFMA logbook (AL04) (C®F);

ii. Must record all bycatch including discarded primary catch (C®F); and

iii. Should use identification guides to accurately identify and record all catch. There are numerous identification guides available to identify primary and bycatch species. The Australian Museum provides a useful website for identifying fishes: www.amonline.net.au/fishes.

Eastern Tuna MAC 69, 19 &20 June 2007

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Eastern Tuna and Billfish Fishery

Statement of Management Arrangements

By Ben Westlake & Mariana Nahas

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IMPORTANT NOTE ................................................................................................................................... 3 INTRODUCTION ........................................................................................................................................ 4

A NEW BOOKLET FOR THE EASTERN TUNA AND BILLFISH FISHERY............................................................ 4 WHAT IS AFMAS ROLE? ............................................................................................................................ 4

PART A – ABOUT THE EASTERN TUNA AND BILLFISH FISHERY.............................................. 5 MANAGEMENT OF THE ETBF ..................................................................................................................... 5 BOAT NOMINATIONS .................................................................................................................................. 5 ALLOWABLE FISHING METHODS ................................................................................................................ 5 WHERE CAN I FISH? .................................................................................................................................... 5

Hight Seas ............................................................................................................................................. 5 WHERE CAN’T I FISH?................................................................................................................................. 6

Lord Howe Island ................................................................................................................................. 6 Marine Protected Areas........................................................................................................................ 6

MANDATORY SEABIRD MITIGATION MEASURES........................................................................................ 6 If you are fishing south of 25°S:............................................................................................................ 6 If you are fishing north of 25°S:............................................................................................................ 6 Offal Discharge: ................................................................................................................................... 7

WHAT SPECIES CAN I TAKE?...................................................................................................................... 7 Gear Restrictions:................................................................................................................................. 7 Sharks: .................................................................................................................................................. 7 Broadbill Swordfish:............................................................................................................................. 7 Northern Bluefin Tuna:......................................................................................................................... 8

SOUTHERN BLUEFIN TUNA......................................................................................................................... 8 BYCATCH ................................................................................................................................................... 8 FISHING FOR BAIT ...................................................................................................................................... 9 CARRYING AND PROCESSING FISH .............................................................................................................. 9 ILLEGAL FISHING ........................................................................................................................................ 9

PART B – ADMINISTRATIVE ARRANGEMENTS............................................................................... 9 FISH RECEIVERS ......................................................................................................................................... 9 AUTHORISED REPRESENTATIVES.............................................................................................................. 10 CATCH MONITORING AND REPORTING ...................................................................................................... 10

Observers ............................................................................................................................................ 10 What forms do I have to fill in?........................................................................................................... 10 Integrated Computer Vessel Monitoring System (ICVMS) ................................................................. 11

PART C – ENVIRONMENTAL REQUIREMENTS ............................................................................. 11 Protected species under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) ......................................................................................................................................... 11

PART D- CONSULTATIVE ARRANGEMENTS .................................................................................. 11 ADVISORY COMMITTEE ............................................................................................................................ 11

PART E – CONTACTS ............................................................................................................................. 12 WHO DO I CONTACT AT AFMA? .............................................................................................................. 12 LIST OF ACRONYMS.......................................................................ERROR! BOOKMARK NOT DEFINED.

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Important Note

Every effort has been made to ensure that the information contained in this document is correct and accurate at the time of printing. However, the information provided is intended to serve as a guide only, and therefore AFMA shall in no way be liable for any loss caused, whether due to negligence or otherwise, arising from the use of or reliance upon this document.

The document is not intended to replace any operator’s permit concerning the conditions under which they are required to operate. Depending on the conditions attached to a permit, some of the items discussed in this booklet may not apply to a particular fishing operation.

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INTRODUCTION

This document summarises the management arrangements that apply to the Commonwealth Eastern Tuna and Billfish Fishery (ETBF) and is intended to be used as a guide only. Ensure that you read and understand the appropriate legislation and seek your own independent advice before fishing in the ETBF.

A new booklet for the Eastern Tuna and Billfish Fishery

If there is anything that you don’t understand in this booklet, if you need further information, or if you want to discuss your specific access arrangements to the fishery, please contact AFMA Direct for the cost of a local call on 1300 723 621.

We’d also like to hear your feedback about how useful this booklet is, and welcome your suggestions on ways we could improve it. You can provide any comments you may have by calling AFMA Direct on 1300 723 621 or by sending an e-mail to tuna@afma.gov.au detailing your comments.

What is AFMA's role?

The ETBF is managed by AFMA, in accordance with the Fisheries Management Act 1991 (‘the Act’). In managing the fishery, AFMA is required to pursue the objectives of the Act. These objectives include: implementing efficient and cost effective fisheries management, pursuing ecologically sustainable development, maximising the net economic returns to the Australian community, ensuring accountability, and achieving Australian Government targets in relation to cost recovery. (Please refer to www.afma.gov.au or the ETBF Management Plan for details of the objectives of the Act.)

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PART A – ABOUT THE EASTERN TUNA AND BILLFISH FISHERY

Management of the ETBF The ETBF is currently being managed under the pre-existing annual permit system, which will remain in force until the allocation of Statutory Fishing Rights (SFRs) under the ETBF Management Plan 2005.

Boat Nominations To nominate a boat to your permit, you must complete the Boat Nomination Form and the ETBF attachment page. Nominated boats must be able to lawfully and safely carry an observer. Each boat can be nominated by one permit holder only and AFMA will keep records of the nominated boats so you can change, add or remove boats nominated to your permit. Currently there is no upfront fee for a permit holder to nominate boats (the cost is recovered under the levy base) and no fee for ‘no boat’. Further information can be found on AFMA’s website (www.afma.gov.au)

Allowable Fishing Methods Your permit specifies which method of fishing you are allowed to use in item 2 of schedule 2: methods authorised under this fishing permit.

Where can I fish? The ETBF extends form the east coast of the Cape York Peninsula, down the east coast of Australia to the South Australia/ Victoria border, in waters from 3 to 200nm. Currently the ETBF is divided up into different zones and management arrangements, your permit describes via latitude and longitude which zone(s) you can access. ETBF vessels are also allowed to fish beyond 200nm off the eastern coat of Australia, so long as the vessel fulfils the operational guidelines explained under ‘High Seas’ section of the permit.

High Seas When conducting fishing operations on high seas, the permit holder must:

• Make sure the boat is clearly marked with its international radio call sign according to internationally recognized standards;

• Make sure that all fishing gear is properly stowed when transiting through another countries EEZ;

• Reach any ports of destination by the most direct route and when leaving a foreign port, leave the country’s EEZ by the most direct route;

• Not fish in a foreign EEZ without proper authorization from the foreign nation; • Not land any catch without proper authorization from the nation where you plan

on landing your catch and ensure you meet their local requirements; and • Cooperate with inspections being carried out by fisheries officers authorised to

do so by other signatories of the United Nations Stock Agreement. Failure to do so may result in suspension of the operator’s fishing permit.

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If you wish to land your catch in a foreign port, you must first provide AFMA with the following information at least 48 hours before landing:

• Name and distinguishing symbol of the boat; • The port where the catch will be landed; and • The estimated time the vessel is due to arrive in that port.

Where can’t I fish? Lord Howe Island- unless your permit states otherwise, no fishing should be carried out within 12nm of Lord Howe Island. Norfolk Island- ETBF permit holders must not fish inside the 40x67nm Norfolk Island box. Marine Protected Areas- As a general rule, ETBF vessels are not allowed to fish inside state and Commonwealth MPAs however, in some MPAs fishing may be permitted so you must check with the relevant MPA authorities.

Mandatory Seabird Mitigation Measures If you are fishing south of 25°S: At least one tori line must be deployed before commencing a shot. The tori line must be:

• At least 100m long; • Set up from a position on the boat that allows it to stay above the water for at

least 90m; • Have streamers attached at least every 3.5m;

o Streamers should be maintained ensuring that their lengths are as close to the water as possible; and

• Have a drogue at the end of the line to give sufficient drag to meet the 90m aerial coverage criteria.

As well as using a tori line, you must:

• Use thawed bait; and • Carry 1,000 snoods weighted with:

1. 60g swivels at least 3.5m from each hook ; or 2. 98g swivels at least 4m from each hook.

Note: The mandatory requirement to carry 1,000 weighted snoods does not apply to vessels permitted to operate the Area E closure.

If you are fishing north of 25°S: You must carry a tori line on board at all times. Note: A holder can gain exemption from the requirements to carry a tori line and 1,000 weighted snoods if they also agree to a permit amendment that prevents them from fishing south of latitude 25° south.

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Offal Discharge: Vessels operating in the ETBF are subject to the following restrictions in regards to the discharge of offal:

• No discharge while setting; and • No discharge while hauling (except on small boats). If discharging during hauling,

it must be from the opposite side of the boat.

What Species Can I Take? Please refer to your fishing permit for details on which species you are allowed to take and how much. There are no size limits for primary species in the ETBF but a minimum size limit of 450mm does apply to any school shark or gummy shark caught in this fishery. The measurement has to be taken on a straight line from the middle of the gill that is furthest away from the mouth to the bottom insertion of the caudal fin.

Gear Restrictions: In addition to the line weighting requirements and the limits placed on gear carried in Area E (explained in item 6 of the schedule 2 of your permit, under “fishing in area E”), operators are forbidden to use wire traces in the ETBF.

Sharks: Under present management arrangements, ETBF permit holders can take up to 20 sharks per trip, excluding Gummy Shark, School Shark, Saw Shark and Elephant Fish. All sharks must be landed with their fins still attached to the carcass and it is also forbidden to carry, retain or land shark livers unless the carcass from which the liver was obtained is also landed.

Broadbill Swordfish: Broadbill swordfish are currently managed by a competitive Total Allowable Catch (TAC) of 1,400t. In order to ensure that the TAC is not exceeded, catch trigger limits have been put in place. Once trigger limit is reached, operators are limited to a 10 fish bycatch limit. AFMA publishes the catch recorded for broadbill swordfish in the fishery every month on AFMA’s website at: http://www.afma.gov.au/fisheries/tuna/etbf/catch/default.htm Albacore: Targeted albacore operations in the ‘Albacore Area’ are subject to a competitive TAC of 3,200 t. In order to target the species in this area, operators are required to register for and pay a specified management fee. Similar to the arrangements for swordfish, quarterly trigger limits have been instituted which if breached result in a bycatch limit of 200 albacore being imposed on all operators fishing in the area. Those operators wishing to target species other than albacore in the albacore area may do so but are subject to a trip limit of 200 albacore.

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Northern Bluefin Tuna (NBT): NBT can be confused with Southern Bluefin Tuna (SBT), which is managed by quota, and for that reason operators are required to genetically test the flesh to make sure it is in fact NBT and not SBT that they have caught. An intact tail section of the fish (small part of the keel and caudal finlets containing a small section of muscle and caudal fins) may be trimmed for ease of transport, and sent to an AFMA-approved testing agency. All NBT catches are recorded and sent to the International Commission for Conservation of Atlantic Tunas (ICCAT), to be included in their NBT stock assessments. When landing either SBT or NBT, you must let AFMA know. This can be done via e-mail northernbluefin@afma.gov.au (or fax if e-mail is not available on 02 6225 5442) at least 1 hour before landing in port. You must tell AFMA:

• The name of the boat; • Distinguishing symbol of the boat; • Port of landing; • Data and time of landing; and • Number and weight of NBTs and/or SBTs

In addition, a CR4A, Southern Bluefin Tuna Fishery Catch Disposal Record (CDR) must be completed by the operator or authorised representative at the time of landing NBT/SBT.

Southern Bluefin Tuna: The ETBF Management Plan does not allow fishing for SBT; and any take of SBT must be done in accordance with the quota arrangements under the Southern Bluefin Tuna Fishery Management Plan 1995. Zones of likely SBT catch (core and buffer zones) are put in place during the winter months when SBT are present in waters off the east coast of Australia. The zones have been used since the 2002/03 season, to ensure no SBT is taken in the ETBF without sufficient quota to cover the catch. A core zone is set for the area where likelihood of catching an SBT is 80%. A buffer zone is set to the north of the core zone, to cover the area where likelihood of catch an SBT is 15%. The zones and amount of quota held by an operator dictate the required amount of observer coverage. A CR4A, Southern Bluefin Tuna Fishery Catch Disposal Record, must be completed by the operator or authorised representative at the time of landing SBT.

Bycatch Bycatch includes all living and non-living material that is caught or affected by the fishing gear/activity, except for the target species. It includes byproduct (any part of the catch that was not targeted but is kept and sold by the fisherman), discards (that part of the catch which is not kept but still affected by the gear or fishing activity) and everything that does not make it to the deck but is still affected by the gear or the activity. It is important that you record all byproduct and discards kept under the ‘Catch Details’ section of your logbook and any interaction with protected species under the ‘Wildlife and other Protected Species’ section of your logbook.

Deleted:

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Information on bycatch is collected so that industry and AFMA can work on minimizing the effect of the fishery on the marine ecosystem. Under the Commonwealth Bycatch Policy, AFMA must develop and implement Bycatch Action Plans (BAPs) for all Commonwealth fisheries. To obtain a copy of the Australian Tuna and Billfish Longline and Minor Line Fisheries BAP, or for more information, visit the AFMA website www.afma.gov.au or contact AFMA.

Fishing for Bait ETBF permit holders are permitted to fish for bait in the area of the ETBF, however each state may have different restrictions relating to the species and the amount which may be taken and the gear which can be used. The restriction imposed on operators for each state can be found in the “Fishing for Bait” section of your permit.

Carrying and processing fish There are specific landing requirements for tuna in the ETBF. All tuna (except SBT and NBT) must be landed with the caudal keel attached to the carcass. Billfish (except broadbill swordfish), must be landed with the caudal keel, pectoral and anal fins still attached to the carcass. Bony fishes must not be landed in a form other than as a whole, gilled, gutted or headed fish and/or a combination of these forms.

Illegal fishing If you suspect illegal operations are occurring, contact AFMA’s Compliance Section as soon as possible. Ideally the information you would provide would include the date, time and location of the activity as well as any photographs or evidence you may have along with the names of verifying witnesses. Reports can be made anonymously. If you see a foreign vessel that you believe may be involved in illegal fishing please call Customs Coastwatch on their 24/7 free call number 1800 06 1800 and help protect Australian fisheries.

PART B – ADMINISTRATIVE ARRANGEMENTS

Fish Receivers Fish taken in the ETBF can only be landed or disposed of to holders of a Commonwealth Fish Receiver Permit (FRP). The FRP holder must verify the species and weight of all fish received and sign the blue copy of the Catch Disposal Record (CDR) immediately after the fish are received (within 50m of upload area unless FRP holder has a ‘exempt’ certification). A CDR must be completed for each consignment of fish sent to each different receiver and all fish landed in the ETBF must be recorded on the CDR including quota, non quota and bycatch. After completing a CDR, the white copy (filled in by the permit holder or authorised representative) must be sent to AFMA within 24 hours. The blue and yellow copies must accompany each load of fish to the first receiver, the blue copy (completed by the FRP

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holder) has to be sent to AFMA within 10 calendar days of receiving the fish, and the yellow copy must be retained by the FRP holder. It is the responsibility of the operator to make sure that the first person to receive his/her catch is an FRP holder. A list of licensed FRP holders can be found on AFMA’s website as well as information on how to apply for a FRP.

Authorised Representatives Only the permit holder or his/her authorised person are allowed to sign logbooks, CDRs and transit forms. Permit holders should submit completed forms authorising all the representatives they wish AFMA to legally accept documentation or correspondence from. Authorised representative nomination forms are available from the AFMA Data Entry Section on request. It is the responsibility of the permit holders to make sure that all information recorded in AFMA logbooks and forms is true and complete, and that the appropriate forms have been submitted to AFMA,

Catch monitoring and reporting If requested by AFMA, a boat must be made available for inspection.

Observers If requested by AFMA, permit holders must facilitate the carriage of observers. AFMA’s observer program aims to monitor 8.5% of the fishing effort in the ETBF. Observers collect data used to help in the verification of logbooks and other projects. All the information collected by observers is subject to privacy laws and will only be available to ETBF managers, AFMA Compliance Section and the vessel owner.

What forms do I have to fill in? • Longline operators must fill in a logsheet from the AL05 logbook (Australian

Pelagic Longline Daily Fishing Log) and send it to AFMA with the CDR. • Minorline operators must fill in a logsheet from the LN01 logbook (Line Fishing

Daily Fishing Log). • PT02 Commonwealth Pelagic Fisheries Catch and Disposal Record are to be

completed by the ETBF operators at the time of landing (see Fish Receivers section). PT02 forms are numbered and accountable so if you make a mistake or damage a form and want to cancel it, you have to clearly mark it as cancelled and send it to AFMA.

• CR4A Southern Bluefin Tuna Fishery Catch and Disposal Record must be filled in by the operator immediately after unloading NBT/SBT.

• Unless the Fish Receiver is exempt from this requirement, if a consignment of fish is split onto more then one truck, a completed Commonwealth Managed Fishery Transit Form (CTF) must accompany every load that is going to the same receiver and the PT02 accompanies the last load

Failure to complete these forms according to the instructions and/or failure to lodge returns in time is a breach of the conditions in your permit, AFMA may issue you a fine and you may face prosecution.

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Integrated Computer Vessel Monitoring System (ICVMS) AFMA’s ICVMS consists of an Automatic Location Communicator (ALC) with a built in Global Positioning System (GPS). It is fitted to the vessel and sends AFMA information on the vessel’s position, course and speed via satellite at any time required. In conjunction with a personal computer (PC) the ICVMS provides a 2-way communication system between the vessel and AFMA and secure communications to other vessels through the ALC, any facsimile, telex machine or e-mail. ICVMS units must be active at all times and permission must be obtained from AFMA before switching yours to “sleep mode”. All longline vessels must be fitted with an ICVMS unit and all minorline vessels will have to fit an ICVMS by the 1st of July 2007. For information on ICVMS supply and installation please contact AFMA Compliance Duty Officer on 0419 205 329.

PART C – ENVIRONMENTAL REQUIREMENTS

Protected species under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Under the EPBC Act, it is an offence to kill, injure or move any member of a listed marine species in Commonwealth waters without appropriate approval. The ETBF has been accredited under the EPBC Act and therefore, if you interact with a listed species, so long as your vessel is acting in accordance with the ETBF Management Plan 2005 and relevant permit conditions, you are not committing an offence. Also, AFMA has recently reached an agreement with the Department of Environment and Water Resources (DEWR) whereby if you register the interaction on the appropriate section of your logbook, you don’t have to report it directly to DEWR. More information on this reporting process can be obtained from AFMA.

PART D- CONSULTATIVE ARRANGEMENTS

Advisory committee The ETBF Management Advisory Committee (ETMAC) is the body responsible for providing the AFMA Board with advice on the management of the ETBF. ETMAC is responsible for providing advice on:

• The development of new management arrangements in the fisheries; • Ongoing measures required to manage the fisheries in accordance with

legislative objectives and management arrangements currently in place; • Plans of management for the fisheries; • The development of a budget of management costs for the fisheries; and • Research priorities and total allowable catches for the fisheries.

ETMAC is also responsible for establishing any subcommittees and working groups that are required to ensure the full range of management issues are given proper attention and also liaises with AFMA on operational matters related to implementation of agreed management measures. The MAC is chaired by an independent chairperson and supported by an executive officer.

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More information about ETMAC can be found on AFMA’s website. If you have any further questions or wish to attend a meeting as an observer, please contact Ian Freeman (Executive Officer) on 02 6649 2361 or via e-mail at ifree@bigpond.com . PART E – CONTACTS

Who do I contact at AFMA?

Cost of a local call Eastern Tuna and Billfish Fishery Wez Norris Manager 02 6225 5312 Nicole Flint Senior Management Officer 02 6225 5373 Facsimile 02 6225 5439 Licensing (transfers, boat nominations) Brendan Kearney Licensing & Quota Management Officer 02 6225 5429 Levies Andrew Powell Licensing Officer 02 6225 5561 Environment Section Dave Johnson Senior Manager 02 6225 5432 Facsimile 02 6225 5167 Compliance Section AFMA Duty Officer Compliance 0419 205 329 Facsimile 02 6225 5442 Logbook Section Shannon Evans Logbook Officer 02 6225 5352 Facsimile 02 6225 5439 Data Processing Section Laura Walker 02 6225 5382 Facsimile 02 6225 3730 Alternatively you can contact AFMA by mail: PO Box 7051 Canberra Business Centre ACT 2610