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Submission to the Department of the Sustainability, Environment, Water, Population and Communities on behalf the NSW fishing industry seeking ongoing export

approval for the NSW Lobster Fishery – January 2012

1. Introduction

This submission has been prepared by the NSW Department of Primary Industries (NSW DPI) on behalf of shareholders in the NSW Lobster Fishery in order to assist industry to obtain export approval by leveraging off the comprehensive legislative and policy framework for fisheries management under NSW legislation. The following provides a report of the Lobster Fishery since the last assessment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in 2007. Information provided is based on the headings contained within Appendix B of the Guidelines for the Ecologically Sustainable Development of Fisheries – 2nd Edition. The purpose of the submission is to seek export approval for the Lobster Fishery past the current expiry date of 30 March 2012. Consistent with the requirements of the Commonwealth guidelines, this submission references sections of related documents including the Lobster Fishery Environmental Impact Statement (EIS)1 and Fishery Management Strategy (FMS)1. Where applicable, fishery and catch information has been updated with the most recent available data and included in the submission. The Lobster Fishery EIS1, published in December 2004, provides an overview of the existing operation of the fishery at that time, including an assessment of the risks associated with the operation of the fishery, and the measures proposed to address the risks. Table 1: Summary of the NSW Lobster Fishery (Januar y 2012)

Area Ocean waters within NSW (subject to closures to certain methods at some or all times).

Gear Primarily traps

Management Controls

Predominantly managed by output controls including an annual Total Allowable Commercial Catch (TACC) and size limits

2009/10: TACC 128 tonnes

2010/11: TACC 131 tonnes

Fishing Units 104 shareholders (as at December 2011)

Target Species Eastern Rock Lobster (Sagmariasus verreauxi)

Catch 2009/10 - approx 122.1 tonnes

2010/11 - approx 129.4 tonnes

Stock Status Fully Fished

Value 2009/10 - approx $6.8 million

2010/11 - approx $7.7 million (based on SFM prices)

1 Available at www.fisheries.nsw.gov.au/commercial/management-strategies

2. Description of the fishery

For the purposes of this submission the Lobster Fishery comprises the Lobster Share Management Fishery as described in Schedule 1 of the Fisheries Management Act 1994 (the FM Act). The following is a more detailed description of the Lobster Fishery. Species

Target and Byproduct Species

The Eastern Rock Lobster is the target species for the Lobster Fishery, with Southern Rock Lobster and Painted Rock Lobster permitted to be taken as byproduct. Additionally, a variety of fish species may also be inadvertently captured in lobster traps and any species taken in lobster traps set in waters more than 10 m deep may be retained as byproduct2. Table 2 identifies those species that the Lobster Fishery takes, as byproduct, on a consistent basis. Table 2: Byproduct species

Common name Scientific name

Southern Rock Lobster Jasus edwardsii

Painted Rock Lobster Panulirus spp.

Banded (Bar) Rockcod Epinephelus ergastularius

Blind Shark Brachaelurus waddi

Catfish PLOTOSIDAE spp.

Catsharks, Swellsharks SCYLIORHINIDAE spp.

Crimsonband Wrasse Notolabrus gymnogenis

Cuttlefish Sepia spp.

Eastern Red Scorpionfish Scorpaena cardinalis

Eastern Wirrah Acanthistius ocellatus

Foxfish, Pigfish Bodianus spp.

Hermit Crab PAGURIDAE spp.

Leatherjacket spp. various (Family: MONACANTHIDAE)

Maori Wrasse Opthalmolepis lineolatus

[Bigeye and Reef] Ocean Perch Helicolenus barathri, H. percoides.

Octopus various (Family: OCTOPODIDAE)

Redfish Centroberyx affinis

Silver Trevally Pseudocaranx dentex

Slipper Lobster Scyllarides spp.

Silver Sweep Scorpis lineolatus

Striped Trumpeter Latris lineata

Wobbegong Shark Orectolobus spp.

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

2 For the 2009/10 fishing period, reports indicate byproduct was retained in less than 7% of fishing events.

Management arrangements

The Lobster Fishery is managed under the FM Act and regulations made under this Act (refer to Governing legislation below), including the Fisheries Management (Lobster Share Management Plan) Regulation 2000 (FM (Lobster SMP) Regulation)3 which regulates many aspects of the operation of the Lobster Fishery. The Lobster Fishery is predominantly managed by output controls, however some input controls are also used, as follows:

Output controls

Commercial catch limits • The commercial harvest of Eastern Rock Lobster is subject to a TACC, set annually

by the statutory and independent Total Allowable Commercial Catch Setting and Review Committee (TAC Committee) established under the FM Act. The TACC is allocated among all shareholders in the Lobster Fishery and individual quotas are allocated (by weight) in proportion to shareholding, on an annual basis. Refer to Section 4.2 (Quota Management) of the Lobster Fishery FMS (pp 24 – 25). To maintain the integrity of the TACC and quota management system, the FM (Lobster) SMP requires tags to be attached to commercially caught Eastern Rock Lobsters. Tags distinguish those lobsters taken legitimately by fishers in the Lobster Fishery. Refer to Section 4.10 (Tagging lobsters) of the Lobster Fishery FMS (pp 28 – 29).

• A six (6) carcass daily catch limit applies to any, or any combination of, wobbegong

shark (Orectolobus spp.). This catch limit is consistent with limits applying to wobbegong sharks in the Ocean Trawl and Ocean Trap and Line Fisheries.

Size Limits Refer to Section 3.2.3 (Size limits) of the Lobster Fishery FMS (pp 16 – 17). The FM (G) Regulation prescribes both a minimum and maximum size limit for Eastern Rock Lobster which apply to all harvest sectors. The minimum size limit is 104 mm (carapace length) and the maximum size limit is 180 mm (carapace length). Minimum size limits also apply to a large range of species taken in the Lobster Fishery as set out in clause 11 of the FM (G) Regulation.

Input controls

Limited entry Access to the Lobster Fishery is limited to shareholders in the fishery (and/or their nominated fishers) who hold shares above any minimum shareholding level established in the FM (Lobster SMP) Regulation. Controls on fishing gear and boats Refer to Fishing methods / gear types below. Time and area closures The FM Act provides for the use of fishing closures in the Lobster Fishery to, among other things:

• protect and conserve areas of key habitat,

• manage the amount of fishing effort in a sensitive area/region,

3 Available at www.legislation.nsw.gov.au/maintop/view/inforce/subordleg+48+2000+cd+0+N

• manage conflicts between stakeholders over the use of the resource and to ensure it is equitably shared, and

• minimise bycatch and the impacts of the fishery on threatened and protected species. Details of fishing closures can be found on the NSW DPI website at www.dpi.nsw.gov.au/fisheries/closures The Lobster Fishery is also subject to a range of other spatial and temporal restrictions implemented as part of the comprehensive network of marine parks (pursuant to the Marine Parks Act 1979) and aquatic reserves in NSW (pursuant to the FM Act and the Fisheries Management (Aquatic Reserves) Regulation 2002). A number of marine parks have been declared in NSW waters including, most recently, the Port Stephens-Great Lakes Marine Park and the Batemans Marine Park. Certain areas within each marine park have been closed to lobster trapping. Further details regarding zoning plans and commercial fishing restrictions in these marine parks can be found on the Marine Parks Authority website at www.mpa.nsw.gov.au Other licensing arrangements For relevant licensing arrangements refer to the NSW Commercial Fisheries Administration Guide March 20114. Fishing methods / gear types

Refer to Section 3.1.3 (Activities endorsed in the fishery) of the Lobster Fishery FMS (pp 11 – 12). The Lobster Fishery primarily uses traps to take lobsters and these vary in dimensions depending on the location and depth at which they are used. Lobster trap dimensions and other restrictions relating to the use of fishing gear in the Lobster Fishery are detailed in the FM (Lobster SMP) Regulation. Fishing area

Refer to Section 3.1.2 (Area of operation) of the Lobster Fishery FMS (pg 9). As noted above (refer to Time and area closures) the Lobster Fishery is subject to spatial and/or temporal fishing closures. In addition, Schedule 1 of the FM (Lobster SMP) Regulation outlines waters in which the use of lobster traps is prohibited, and the Fisheries Management (Supporting Plan) Regulation 2006 outlines waters closed permanently to all commercial fishing or class of commercial fishing. Number of fishers

Access to the Lobster Fishery is limited to shareholders in the fishery (and/or their nominated fishers) who hold shares above any minimum shareholding level established in the FM (Lobster SMP) Regulation. As at December 2011 there were 104 shareholders in the Lobster Fishery, with 92 fishers endorsed to operate.

The number of shareholders in the Lobster Fishery has reduced overtime predominantly due to the minimum shareholding level established in the FM (Lobster SMP) Regulation. Table 3 shows a comparison of the number of shareholders at the times when the FM (Lobster SMP) Regulation, the Lobster Fishery EIS and FMS were prepared.

4 Available at www.dpi.nsw.gov.au/__data/assets/pdf_file/0009/370818/INT10-73503-NSW-Commercial-Fisheries-Administration-Guide-Ver-1_3_.pdf

Table 3 : Current number of shareholders in the Lobster Fishe ry compared with earlier figures.

SMP - 2000 EIS - 2004 FMS - 2007 December 2011

172 152 114 104

Allocation between sectors

Refer to:

• Section 8 (Interactions with other fisheries) of the Lobster Fishery FMS (pp 37 - 40);

• Status of Fisheries Resources in NSW 2008/095 for landings of Lobster Fishery byproduct species by other NSW commercial fisheries and, where available, estimated catches from the National Recreational and Indigenous Fishing Survey6; and

• the recently published report Recreational Fishing Surveys in the Greater Sydney Region7 which provides recent [estimated] recreational catch and effort information for the area from Newcastle southwards to Illawarra.

Cultural fishing for lobster Currently cultural fishing is conducted either in accordance with recreational fishing regulations or under the authority of specific permits issued for traditional cultural practices. Seven such permits were issued in 2010. Aboriginal peoples’ cultural fishing needs and traditions within fisheries legislation are now acknowledged in the FM Act. Amendments were made to the Act in 2010 to include:

• establishment of an Aboriginal Fishing Advisory Council (AFAC) to advise the Minister on fishing issues affecting Aboriginal people;

• a formal recognition of the spiritual, social and customary significance of fisheries resource to Aboriginal persons;

• a definition of Aboriginal cultural fishing for the purposes of the Act;

• blanket exemption for fishers who are Aboriginal persons from paying a recreational fishing fee; and

• special provisions that will allow Aboriginal people an extension to certain fishing rules including, bag and possession limits to accommodate small communal and cultural gatherings. These provisions will commence once regulations are developed in consultation with the AFAC.

Recreational fishing for lobster Recreational fishing for lobster is subject to a minimum (104 mm carapace length) and maximum (180mm carapace length) size limit, a daily bag and possession limit of two (2) eastern rock lobsters, and a prohibition on taking lobsters carrying ova.

5 Rowling, K., Hegarty, A. and Ives, M. (2008) Status of Fisheries Resources in NSW 2008/09, NSW Industry & Investment, Cronulla, 392 pp 6 Henry, G.W. and Lyle, J.M. (2003). The national recreational and indigenous fishing survey. Final report to the Fisheries Research and Development Corporation, Project 99/158. NSW Fisheries Final Report Series No. 40, 188pp. 7 Steffe, A.S. and Murphy, J.J., 2011. Recreational fishing surveys in the Greater Sydney Region. Fisheries Final Report Series No. 131 (ISSN 1837-2112). Cronulla, NSW, Australia. 122pp.

Recreational fishers are permitted to harvest lobsters by hand and/or set one recreational lobster trap in waters not exceeding a depth of 10 m. Recreational lobster trap dimensions and other restrictions relating their use are detailed in the FM (G) Regulation. In addition refer to Harvest by each sector later in this submission for figures relating to the estimated recreational harvest of eastern rock lobster used in the TACC setting process. Governing legislation

Relevant current legal instruments include:

• Fisheries Management Act 1994

• Fisheries Management (General) Regulation 2010

• Fisheries Management (Supporting Plan) Regulation 2006

• Fisheries Management (Lobster Share Management Plan) 2000.

Status of export approval under the EPBC Act

On 29 March 2007 an amendment was made to the List of Exempt Native Specimens, to include specimens that are, or are derived from, fish or invertebrates taken in the Lobster Fishery (excluding specimens that are listed under Part 13 of the EPBC Act), for a period of five years. The amendment served to exempt the fishery from the export controls of the EPBC Act until 30 March 2012.

3. Management

Changes to management arrangements

The management of the Lobster Fishery continues to be based primarily on the annual review and setting of a TACC. The TACC determinations for 2009/10 and 2010/2011 are available at www.dpi.nsw.gov.au/fisheries/commercial/fisheries/lobster-fishery Implementation of management actions in the Lobster Fishery FMS Refer to Appendix 1 of this submission for a progress statement on the implementation of management actions in the Lobster Fishery FMS for the period February 2007 to December 2011. Licensing arrangements For relevant licensing arrangements refer to the NSW Commercial Fisheries Administration Guide March 20114. Legislative review In 2009 the FM Act underwent significant amendment to implement recommendations from two major reviews of fisheries legislation and practice in NSW, one examining illegal fishing, while the other considered indigenous fishing. The amendments strengthened and clarified existing compliance, aquaculture and habitat protection divisions, and improved access to the fisheries resources for Aboriginal cultural fishing. Further to this the FM Act is currently subject of a statutory review. The review is being undertaken to determine whether the policy objectives of the Act remain valid, and whether the terms of the Act remain appropriate for securing those objectives. Further information can be found at www.dpi.nsw.gov.au/aboutus/about/legislation-acts/review/statutory-review-fisheries The Fisheries Management (General) Regulation 2002 (the 2002 Regulation) made under the FM Act was automatically repealed on 1 September 2010 pursuant to section 10 of the Subordinate Legislation Act 1989. The Fisheries Management (General) Regulation 2010

remade, with amendment, the 2002 Regulation with improved efficiency, effectiveness and consistency, and came into effect on 1 September 2010. The following are key amendments contained in the FM (G) Regulation:

• Revision of a number of minimum fish sizes for commercial and recreational fishers, and bag limits for recreational fishers;

• Revision of fishing gear specifications to take into consideration current practices;

• Simplification of the marking of set (unattended) recreational fishing gear and setting consistent penalties for breaches of gear marking requirements;

• Introduction of greater flexibility for the master or a crew member of a NSW licensed charter fishing boat to fillet and section fish on board a boat prior to the completion of a charter trip;

• Reduction of the number of classes of commercial fishing licences from three to two;

• Revision of penalty notice amounts and amending the number of offences for which a penalty notice can be issued;

• Prescription of additional activities that are presumed to be harmful to marine vegetation;

• Creation of an offence for using a chemical substance for the purpose of taking, disturbing, injuring or harming fish;

• Conversion of temporary fishing closures in inland waters into permanent recreational fishing prohibitions;

• Adoption of Australian Standard Fish Names (Australian Standard Fish Names – AS SSA 5300);

• Establishment of a schedule of fees so that all the fees prescribed throughout the Regulation are in one place and can be readily found.

Refer to www.dpi.nsw.gov.au/aboutus/about/legislation-acts/review/fisheries-management-generalregulation- 2010 and www.dpi.nsw.gov.au/__data/assets/pdf_file/0020/351317/Factsheet-2010- Regulation-commercial-v3.pdf In March 2011 further changes to fisheries rules were introduced via amendments to the FM (G) Regulation and a number of the Share Management Plan Regulations. The new rules included the implementation of a new six (6) carcass catch limit for wobbegong sharks for the Lobster Fishery. The catch limit applying to wobbegong sharks is consistent with limits in the Ocean Trap and Line and Ocean Trawl Fisheries8. Reform program for NSW commercial fishing The NSW Government announced a reform program, referred to as the Pyrmont Pact, to promote the strong future of commercial fishing in NSW. The reform program includes:

• creating a suite of tools to provide for tradeable input and output controls;

• providing for initial restructuring with minimum shareholdings and exit grants (see below);

• a comprehensive review of industry regulatory requirements and streamlining NSW DPI administrative systems;

8 Refer to www.dpi.nsw.gov.au/fisheries/commercial/info/march-2011commercial-fishers-information-paperchanges-to-nsw-fisheries-legislation

• review of cost recovery;

• moving focus toward risk-based resource management;

• initiating an industry development program to enhance the economic value of product to fishers; and

• enhancing industry voice to government to improve industry and government cooperation.

Pursuant to the reform program the following initiatives have been complete or are underway:

• An exit grant program funded by the Commercial Trust was introduced in late 2010. The program involved payment of $15,000 to fishing business owners upon transfer of all shares to other shareholders and dissolution of the business, and resulted in the removal of 17 fishing businesses.

• The development of a comprehensive package of reforms for the OTF is in progress.

• The development of a comprehensive package of reforms for the spanner crab component of the Ocean Trap and Line Fishery, including the introduction of quota, is in progress.

• Following significant licensing related reforms implemented in connection with the introduction of share management in 2007, NSW DPI is building FishOnline . FishOnline is a $3.6 million government funded initiative to streamline administration through the provision of online services for the commercial fishing and charter boat sectors.

• Industry has identified 55 fishing closures for review . 24 were recently prioritised by members of the former SIAC for urgent review by NSW DPI and will be included in a public consultation paper together with a small number of fishing restriction proposals.

• Industry has also identified approximately 40 fishing restrictions for review . 15 were recently prioritised by members of the former SIAC for urgent review by NSW DPI. Other arrangements have been reviewed and modified recently (in December 2010 and March 2011)8.

• The development of a scoping document and draft strategy to enhance the public’s understanding of the NSW commercial fishing industry has been outsourced.

• The creation of an industry representative body is currently underway.

• The development of cost recovery principles is also underway. For further information on the reform program for NSW commercial fishing can be found at www.dpi.nsw.gov.au/fisheries/commercial/reform Change to fishing period The fishing period for the Lobster Fishery was defined in the FM (Lobster SMP) Regulation as a period of 12 months commencing on 1 July and ending on the following 30 June. In 2010 Lobster Fishery industry representatives requested that the start and finish of the fishing period be changed (to run from 1 August to 31 July) so that additional time is available for deep water fishers to retrieve lobster traps. Following consultation with industry, the Minister for Primary Industries determined the fishing period be changed, taking effect for the [current] 2011/12 fishing period. This fishing period commenced on 1 July 2011 and will end 31 July 2012 (to make the transition). Future fishing periods will commence 1 August and end on the following 31 July. An evaluation of

the continued appropriateness of the redefined fishing period will be undertaken after three years. The TAC Committee factored the new fishing period into the 2011/12 TACC setting process, setting a TACC of 149 tonnes for the 13 month fishing period 1 July 2011 to 31 July 2012. Lobster Share Management Plan Review A statutory review of the FM (Lobster SMP) Regulation has commenced. A working group has been established to assist in the conduct of the review and consists of representatives from commercial (including representatives of the Lobster Management Advisory Committee), recreational, conservation and indigenous fishing sectors. The working group first met in November 2011.

Independent review of commercial fishing arrangements The NSW Government has commissioned an independent review of current commercial fishing arrangements including commercial fisheries policy, management and administration. The Terms of Reference for the review are:

• Examine current and alternative fisheries management models;

• Review the stakeholder consultation framework;

• Review the current legislation to ensure effective resource management;

• Examine the fisheries sharing arrangements relating to commercial fisheries access;

• Review alternative fisheries management opportunities;

• Provide advice on the most appropriate commercial fishing industry structural adjustment program.

The review is expected to be completed by February 2012. Performance of the fishery against objectives, performance indicators and trigger points

Refer to Appendix 2 of this submission for a statement of the performance of the Lobster Fishery against performance indicators and trigger points contained in the Lobster Fishery FMS based on data for the period 2009/10 and, where available, 2010/11. Compliance Risks

• Refer to Section 5 (Compliance) of the Lobster Fishery FMS (pg 29 – 31).

• Illegal harvesting and black marketing in NSW was assessed in ‘Report on Illegal Fishing for Commercial Gain or Profit in NSW9. The NSW Government is progressively developing and implementing actions in response to this report. For example, via amendment to the FM Act in April 2010, the Government significantly increased penalties for illegally taking fish for sale and for offences committed in aggravation; aligned monetary penalties with the market value of fish; introduced an indictable offence for trafficking in fish; strengthened provisions for selling and receiving fish; and provided broader powers for Fisheries Officers.

• The new indictable offence for trafficking in fish carries a maximum penalty of 10 years imprisonment. Increased penalties and more significant gaol terms act as a greater deterrent having a positive impact on reducing offences.

• NSW DPI has implemented a number of initiatives to deter illegal fishing, including intelligence-driven compliance operations, strategic patrols, surveillance, quality field based recreational and commercial inspections, and, in relation to the Lobster and Abalone Fisheries, investigations and analysis targeting illegal syndicates and

9 Palmer, M. (2004) Report on Illegal Fishing for Commercial Gain or Profit in NSW. Available at www.fisheries.nsw.gov.au/__data/assets/pdf_file/0004/4819/Black-Market-Report.pdf

commercial non-compliance. These initiatives have been supported by enhancements to intelligence management and analysis, case management and strategic planning systems.

Compliance Strategic Plan

• Compliance strategic plans for NSW commercial and recreational fisheries and aquaculture are established in Annual District Compliance Plans, all of which are completed and reviewed quarterly. The statewide Fisheries Compliance Plan has entered the final phase of its implementation in accordance with time lines set out in NSW DPI’s Corporate Business Plan. NSW fisheries compliance plans are regularly reviewed for progress against the objectives of the Australian National Fisheries Compliance Strategy (AFNCS) which underwent a five year review in 2009 and recommenced for the 2010 – 2015 period. The AFNCS 2010 – 2015 is managed by the National Fisheries Compliance Committee (NFCC), under the auspices of the Australian Fisheries Management Forum, and guides Australian fisheries jurisdictions in achieving the objectives of the National Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing – which in turn helps achieve the objectives of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (FAO).

• Compliance services relating to the Lobster Fishery are provided to achieve a high level of compliance in the fishery and comprise two components; 1) Fisheries Compliance and 2) Special Operations.

Fisheries Compliance: As part of the process of developing and implementing compliance operational plans relating to the Lobster Fishery, Annual District Compliance Plans are developed by identifying compliance issues at a fisheries district level (drawing from the FMS) and set out how the resources are allocated and used in a strategic manner, based on localised and state-wide fisheries compliance risks. High levels of compliance are pursued strategically by maximising voluntary compliance in the fishery and creating effective deterrence against illegal activity.

Special Operations: Special Operations consists of the State-wide Operations and Investigations Group (SOIG). SOIG encompass recreational mobile squads, an analyst group, a post harvest group, a lobster group and an abalone group. SOIG Lobster Group conduct intelligence driven operations, strategic mobile patrols along the NSW coastline, surveillance and quality field based recreational and commercial inspections, investigations and analysis targeting illegal lobster activities and commercial non-compliance. Regional and metropolitan based black market receiver compliance is also carried out.

• As part of this process of continuous improvement, the Fisheries & Compliance Branch is currently developing refined compliance risk identification and assessment processes based on standardised risk assessment methodology to better plan objective compliance services (such as those set out by the NSW Better Regulations Office’s ‘Risk Based Compliance’ model). The model is adaptive, allowing changes at any time, such as acting quickly to combat emerging or opportunistic compliance issues in the short term as well as allowing for longer term strategic responses to issues such as organised criminal involvement in fisheries.

• Rate of compliance in the Lobster Fishery are as follows:

2007/08 - 89%

2008/09 - 84%

2009/10 - 82%

2010/11 - 86%

Consultation processes

Section 284 of the FM Act identifies the type of items for which NSW DPI is required to consult with the public and the public consultation procedure. Management Advisory Committees Share management fisheries in NSW each have a Management Advisory Committee (MAC) that provides advice to the Minister for Primary Industries on:

• the preparation of any management plans, strategy or regulations for the fishery;

• monitoring whether the objectives of the management plan, strategy or those regulations are being attained

• reviews in connection with any new management plan, strategy or regulation; and

• any other matter relating to the fishery. The actual composition and role of the MACs is set by the FM Act and its regulations and may be altered from time to time. The FM (G) Regulation currently provides for five industry positions on the Lobster MAC, a conservation position, a recreational position, a NSW DPI representative and an Indigenous position. The industry members of the MAC comprise representatives that are elected by shareholders in the fishery and the non-industry members are appointed by the Minister for Primary Industries. The MAC is to be chaired by an independent person who is not engaged in commercial fishing and is not engaged in the administration of FM Act. Note that the independent review of commercial fishing arrangements commissioned by the NSW Government (refer to Management above) incorporates an examination of the fisheries consultative structures in NSW as they relate to commercial fishing, including the structure and function of the MACs. While the proposed independent review is underway, no changes are being proposed to the membership of the MACs. However, in the spirit of continuing to seek feedback from industry during the forthcoming period, NSW DPI will continue to seek the views of former advisory body members on an informal basis on key matters. In respect of any broad scale proposals for change in relation to a particular fishery, all shareholders will have an opportunity to provide comment and input. Ministerial Advisory Councils Two Ministerial Advisory Councils are currently established under the FM Act, the Seafood Industry Advisory Council (SIAC) and the Advisory Council on Recreational Fishing (ACoRF). The name and composition of Ministerial Advisory Councils are determined by regulation under the FM Act and may be altered from time to time. Cross jurisdictional management arrangements

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

• Commonwealth and Fisheries Queensland scientific representatives attended the NSW DPI Resource Assessment Workshop held in April 2011, providing input on relevant shared fish stocks, including recent catch information, updates on existing research, research outcomes, stock assessment status, and changes to management arrangements for each relevant jurisdiction;

• NSW DPI’s Aquatic Biosecurity Unit represent NSW in national policy and technical groups that deal with aquatic animal health, including those related to lobster;

• NSW DPI is a member on the National Fisheries Compliance Committee (NFCC). As part of the work plan for the NFCC, the Committee has developed many operational responses to serious and cross border crime in fisheries;

• Fisheries managers from NSW DPI regularly liaise with other management jurisdictions in relation to lobster fisheries in other States; and

• NSW DPI compliance staff undertake joint compliance operations with interstate fishery agencies.

Compliance with TAPs, recovery plans, etc and also relevant domestic and international arrangements

None of direct influence in the Lobster Fishery.

4. Research and monitoring

Results of any research completed relevant to the fishery

A resource assessment for the NSW eastern rock lobster is conducted annually using a range of different analyses from both fishery dependent and independent data. The assessment considers alternate harvest strategies, runs models of the population and fishery, analyses temporal and spatial catch and effort information, investigates temporal and spatial recruitment indices, monitors the abundance and size composition of the spawning stock, and monitors the size and sex composition of [legal sized] lobsters landed in the fishery. The resource assessment is provided to the TAC Committee to assist with the TACC setting process for the Lobster Fishery. Information from the most recent resource assessment (for the 2010/11 fishing period) is available in the TAC Committee Report and Determination for 2011/1210. For resource assessment information for the 2009/10 fishing period, refer to Liggins, G.W., Miller, M.E., and Jackson, M. (2010). Resource Assessment – Lobster. Cronulla, Industry and Investment NSW, and the TAC Committee Report and Determination for 2010/1110. Various research projects contribute to the annual resource assessment including observer-based surveys, surveys of recruitment and spawning biomass. Scientific outputs and a list of current projects (and their summaries), relevant to the Lobster Fishery, undertaken by the NSW DPI Fisheries & Ecosystems Research - Wild Fisheries Unit, can be found on the NSW DPI website at www.dpi.nsw.gov.au/research/areas/fisheries-and-ecosystems/wildfisheries Refer also to Status of Fisheries Resources in NSW 2008/095 (pp 121 – 123) and Section 6 (Research) of the Lobster Fishery FMS (pp 32 – 35). Monitoring programs

As noted above various research projects (monitoring programs) have been done or are underway relevant to the Lobster Fishery. Scientific outputs and a list of current projects (and their summaries) undertaken by the NSW DPI Fisheries & Ecosystems Research - Wild Fisheries Unit, can be found on the NSW DPI website at www.dpi.nsw.gov.au/research/areas/fisheries-and-ecosystems/wildfisheries Scientific observer program A two-year scientific observer program has been done in the Lobster Fishery collecting data on, among other things, the size distribution of the commercial lobster catch and the magnitude and spatial and temporal variability of bycatch and byproduct species. The final report is in preparation and is yet to be published.

10 Available at www.dpi.nsw.gov.au/fisheries/commercial/fisheries/lobster-fishery

Collection of catch and effort data Lobster fishers are required to complete a log sheet each day they fish for lobster as well as a monthly reconciliation form that summarises the catch for each month. Log sheets provide essential catch and effort information that is used for the TACC setting process, as well as to uphold the integrity of the quota management system. In July 2009 NSW DPI introduced revised catch and effort reporting arrangements for all NSW commercial fisheries including the Lobster Fishery. The revised reporting arrangements have been developed to address requirements for finer scale spatial and temporal reporting, among other things. For further information on the revised arrangements relevant to the Lobster Fishery refer to www.dpi.nsw.gov.au/fisheries/commercial/info/catch-effort

5. Catch data

Total catch and value of the Lobster Fishery

An updated summary of catch and value information is available in the Total Allowable Catch Committee Report and Determination for 2010/11 and 2011/1210. Table 4: Weight (kg) of reported landings

Year Weight

2003/04 107,900

2004/05 98,100

2005/06 100,500

2006/07 109,400

2007/08 121,600

2008/09 121,811

2009/10 122,100

2010/11 129,400 # Reported gross landings as at December 2011. Data is subject to ongoing validation.

Table 5: Estimated value of reported landings

Year Value

2003/04 $4.2 million

2004/05 $3.8 million

2005/06 $4.1 million

2006/07 $5.2 million

2007/08 $5.6 million

2008/09 $6.6 million

2009/10 $6.8 million

2010/11 $7.7 million ## Estimated value based on SFM monthly prices.

Total catch of by-product species taken in the Lobster Fishery

Refer to the Status of Fisheries Resources in NSW 2008/095.

New catch reporting arrangements require fishers in the Lobster Fishery to report retained byproduct taken from lobster trapping operations. For the 2009/10 fishing period, reports indicate byproduct was retained in 287 out of 4535 fishing events (i.e. less than 7%). Refer to Table 6 for the reported amount of common byproduct species (other than rock lobster species) for the 2009/10 fishing period.

Table 6: Catch of byproduct species in the Lobster Fishery

Common name Scientific name Reported Catch (kg)

Banded (Bar) Rockcod Epinephelus ergastularius 5

Blind Shark Brachaelurus waddi -

Catfish PLOTOSIDAE spp. -

Catsharks, Swellsharks SCYLIORHINIDAE spp. 519

Crimsonband Wrasse Notolabrus gymnogenis 17

Cuttlefish Sepia spp. -

Eastern Red Scorpionfish Scorpaena cardinalis 158

Eastern Wirrah Acanthistius ocellatus 494

Foxfish, Pigfish Bodianus spp. 28

Hermit Crab PAGURIDAE spp. -

Leatherjacket spp. various (Family: MONACANTHIDAE) 8799

Maori Wrasse Opthalmolepis lineolatus -

[Bigeye and Reef] Ocean Perch

Helicolenus barathri, H. percoides. 34

Octopus various (Family: OCTOPODIDAE) 257

Redfish Centroberyx affinis 189

Silver Trevally Pseudocaranx dentex 15

Slipper Lobster Scyllarides spp. 33

Silver Sweep Scorpis lineolatus -

Striped Trumpeter Latris lineata -

Wobbegong Shark Orectolobus spp. 68

Total catch of byproduct species taken in other NSW fisheries

Refer to the Status of Fisheries Resources in NSW 2008/095. Harvest by each sector (commercial, recreational, Indigenous and illegal)

• The National Recreational and Indigenous Fishing Survey6 estimated 10,569 (SE: +/- 3,641) lobsters were caught by recreational fishers. Reliability of this estimate is questionable because of the broad survey design, given that only 9 households (comprising 14 persons) were identified as harvesters of lobster in this survey. The Status of Fisheries Resources 2008/095 estimates the annual recreational harvest of Eastern Rock Lobster in NSW to be less than 30 tonnes.

• Refer to the report Recreational Fishing Surveys on the Greater Sydney Region7 for recent [estimated] recreational catch and effort information for that region.

• As part of the TACC setting process for the 2011/12 fishing period, the TAC Committee assumed recreational catch to be 10% of the total (reported and unreported) commercial catch. Refer to the Total Allowable Catch Committee Report and Determination for 2011/1210.

• No estimate available for the Indigenous sector. Refer to Section 8.5 (Indigenous Fishing) of the Lobster Fishery FMS (pg 40).

• There are no quantitative estimates available for the illegal catch of lobster in NSW. As part of the TACC setting process for the 2011/12 fishing period, the TAC Committee assumed unreported commercial catch to be 8.5% of the total (reported and unreported) commercial catch. Refer to the Total Allowable Catch Committee Report and Determination for 2011/1210.

Fishing effort data

An updated summary of fishing effort data is available in the Total Allowable Catch Committee Report and Determination for 2010/11 and 2011/1210.

6. Status of target stock

Refer to the Total Allowable Catch Committee Report and Determination for 2010/11 and 2011/1210, Status of Fisheries Resources in NSW 2008/095, and Section 3.2.4 (Status of the stock) of the Lobster Fishery FMS (pp 17 – 21).

7. Interaction with threatened or protected species

Frequency and nature of interactions

Refer to Chapter B2.6 (Protected and Threatened Species) of the Lobster Fishery EIS (pp 118 – 121). The Lobster Fishery EIS considered that the risks from the fishery to threatened and protected species are low. Refer also to Section 3.2.5 (Protected fish and threatened species) of the Lobster Fishery FMS (pp 21 – 22). A two-year scientific observer program has been done in the Lobster Fishery collecting data on, among other things, the size distribution of the commercial lobster catch and the magnitude and spatial and temporal variability of bycatch and byproduct species. The final report is in preparation and is yet to be published. Management actions taken to reduce interactions and results of such action

The Lobster Fishery EIS identified specific management responses aimed at improving knowledge of, and mitigating any future risks to threatened and protected species. In this context, NSW DPI has implemented:

• mandatory reporting of threatened species interactions for all commercial fisheries from 2005, including distribution of a waterproof threatened and protected species identification brochure, and

• implementation of a scientific observer program (refer to Monitoring programs above).

8. Impacts of the fishery on the ecosystem in which it operates

Results of any Ecological Risk Assessments

Refer to Chapter B2 (Ecological Issues) of the Lobster Fishery EIS (pp 82 – 133). Nature of the impacts on the ecosystem including impacts on any key conservation values

Chapter B2 (Ecological Issues) of the Lobster Fishery EIS (pp 82 – 133) identifies the potential impacts of the fishery on species assemblages, species diversity, ecological processes and marine habitats. Management actions taken to reduce the impacts

Goal 1 of the Lobster Fishery FMS provides for management of the fishery in a manner that promotes the conservation of biological diversity in the marine environment. A number of management actions have been included in the Lobster Fishery FMS to achieve this goal

and address the impact of the Lobster Fishery on species assemblages, species diversity, ecological processes and marine habitats. Refer to Section 9.2 (Goals, Objectives and Management Responses) (pp 43 – 68) of the Lobster Fishery FMS. Implementation status of these management actions is included in Appendix 1 of this submission.

9. Consolidated detailed information outlining prog ress in implementing recommendation and conditions

Refer to Appendix 3 of this submission.

Appendix 1: Report on the implementation of managem ent actions within the Lobster Fishery FMS

Action Status

Prohibit commercial lobster fishers from taking species other than

species of rock lobster in waters less than 10 metres in depth

Ongoing

Collect information on the number of traps in the fishery that are

lost during fishing operations, and implement appropriate

management actions that mitigate the risks of ghost fishing, as

required

In July 2009 NSW DPI introduced revised catch and effort reporting

arrangements for all NSW commercial fisheries including the Lobster Fishery.

As part of the new arrangements, lobster fishers are now required to record

the number of traps deployed and removed from fishing operations. NSW DPI

will monitor the number of traps being deployed and removed from the fishery

and, if it becomes apparent that a significant number of traps are being lost

from fishing operations, will implement appropriate management

arrangements to reduce the impacts of ghost fishing.

Furthermore, a 2.5 year research project (funded jointly by FRDC, NSW DPI

and industry) to investigate the significance of ghost-fishing and methods for

reducing ghost fishing mortality, commenced in July 2009.

Develop a code of practice for the Lobster Fishery in consultation

with the Lobster MAC that is consistent, where appropriate, with

the code of practice for the OTLF, including promoting the release

of wobbegong sharks that are below 130cm in length that are

caught in lobster traps

Completed. The Code of Practice is publicly available on the NSW DPI

website. Further, as per the new catch reporting arrangements (see above),

lobster fishers are required to record byproduct, including the retention of

wobbegong sharks, on their catch records. Also, new management

arrangements for the commercial harvest of wobbegong sharks have also

been implemented.

Action Status

Investigate the use of escape gaps in lobster traps to minimise the

quantity of undersize lobsters captured, and implement the

outcome of the investigation.

Estimates of the number of undersize lobsters caught and returned to the

water by commercial lobster fishers are currently reported on daily catch and

effort record forms.

A more rigorous determination of the quantity and size composition of catch

of undersize lobsters will be available as part of the scientific observer

program for the Lobster Fishery. Following completion of this and analyses of

data, the need for escape gaps will be considered.

Implement a monitoring program to collect information on the

quantity and composition of bycatch.

As part of the scientific observer program for the Lobster Fishery, data on the

quantity and composition of retained and discarded catch of lobster,

byproduct, and bycatch species is being collected. Following the completion

of this survey and subsequent analyses of data, estimates of the quantity and

composition of retained and discarded catch will be available.

Further to this, the revised catch and effort reporting arrangements require

lobster fishers to record all byproduct species taken during lobster fishing

operations.

Use best-practice handling techniques, including the prohibition on

the use of fish spikes, clubs, or any other such implement that

could unduly harm non-retained organisms

Implemented.

Action Status

Investigate the use of escape gaps in lobster traps set in waters

deeper than 10 metres with a minimum mesh size no smaller than

the mesh size adopted in the OTLF to minimise bycatch and the

retention of juvenile and small fish, and implement the outcome of

the investigation

As part of the scientific observer program for the Lobster Fishery, data on the

quantity and composition of retained and discarded catch of lobster,

byproduct, and bycatch species is being collected. Following the completion

of this survey and subsequent analyses of data, estimates of the quantity and

composition of retained and discarded catch will be available, and the need

for [fish] escape gaps will be considered.

The TAC Committee will determine the maximum weight of eastern

rock lobster to be taken by the commercial Lobster Fishery

The current fishing period has been determined as running from 1 July 2011

to 31 July 2012. The TAC Committee had determined a TACC of 149 tonnes

for the fishing period (13 months).

Conduct an annual assessment of the eastern rock lobster

resource including a review of the exploitation status of the stock

and a risk assessment of alternative harvest strategies

Develop models of the eastern rock lobster population and fishery

Monitor catch and effort for eastern rock lobster in the commercial

Lobster Fishery

Monitor the length and sex composition of commercial landings of

eastern rock lobsters

Monitor recruitment to the population of eastern rock lobsters

Monitor abundance and size-composition of the spawning stock of

eastern rock lobsters

An assessment of the eastern rock lobster resource is conducted annually

using a range of different analyses from both fishery dependent and

independent data. The assessment considers alternate harvest strategies,

runs models of the population and fishery, analyses temporal and spatial

catch and effort information, investigates temporal and spatial recruitment

indices, monitors the abundance and size composition of the spawning stock,

and monitors the size and sex composition of [legal sized] lobsters landed in

the fishery.

The most recent assessment was completed in March 2011 and provided to

the TAC Committee to assist in the annual TACC setting process.

Action Status

Provide enhanced protection to the eastern rock lobster spawning

stock and in particular reduce the maximum size limit from 200mm

to 180mm carapace length

Prohibit taking eastern rock lobster below the minimum size limit or

above the maximum size limit

The FM (G) Regulation prescribes both a minimum and maximum size limit

for Eastern Rock Lobster applying to all harvest sectors.

Limit lobster fishers to a defined list of species that can be retained

as byproduct in the Lobster Fishery when working waters deeper

than 10 metres

NSW DPI has investigated the quantity and species of fish taken as

byproduct in the Lobster Fishery. Due to both low numbers and survival of

species when lifted from depths greater than 10 metres there will be no

restrictions placed upon the fishery.

Monitor, record and differentiate catches of species of rock lobster

on log sheets in addition to eastern rock lobster

Modify the catch recording system to record and monitor landings

of all other species taken in lobster traps (including sharks)

Implemented as part of the revised catch and effort reporting arrangements

which became effective on 1 July 2009.

Implement changes to reduce the risk of the Lobster Fishery to

wobbegong sharks, including: (i) daily trip limit, (ii) minimum legal

length consideration, (iii) identification tools

(i) A six carcass daily catch limit applies to any, or any combination of,

wobbegong shark (Orectolobus spp.). This catch limit is consistent with

limits applying to wobbegong sharks in the Ocean Trawl and Ocean Trap

and Line Fisheries.

(ii) Specific minimum size limits were introduced for the three different species

of wobbegong sharks in NSW.

(iii) Complete. A shark and ray identification guide is available on the NSW

DPI website.

Action Status

Modify the mandatory reporting arrangements, in consultation with

the Lobster MAC, to enable the collection of information on

interactions with or sightings of threatened or protected marine

species and interactions with other threatened or protected species

Implemented.

Using the code of practice, promote the use of fishing techniques

that avoid the capture of, or interaction with, threatened species,

protected species and fish protected from commercial fishing

Implemented.

Refine estimates of total catches of eastern rock lobster, taking

into account commercial catch and estimates of recreational,

Indigenous and illegal catches, for use in stock assessment

models and reports to the TAC Committee

Refer to Harvest by each sector (commercial, recreational, Indigenous and

illegal) in this submission.

A project that seeks to develop and test cost-effective methods for monitoring

recreational fisheries at large regional and statewide scales is to commence

in December 2011 [concluding in April 2014]. The project will combine an off-

site phone survey (following the model of the modified NRIFS design that has

recently been used in South Australia and Tasmania) and some

comprehensive on-site surveys to meet the recreational fishery data needs of

NSW.

Limit the maximum shareholding in the fishery to 350 shares Implemented. However it is proposed to amend the maximum shareholding to

40% of the total number of shares in the Lobster Fishery, consistent with the

other NSW share managed fisheries.

Require the use of fish escape panels in lobster traps if it becomes

evident that lobster traps are being used to target finfish

Mandatory catch reporting of all species taken in the Lobster Fishery (i.e. by

lobster traps) was implemented on 1 July 2009. Monitoring of catches of

byproduct species is ongoing. Note: For the 2009/10 fishing period, reports

indicate byproduct was retained in less than 7% of fishing events.

Action Status

Investigate the application of minimum shareholding requirements

for all shareholders to be eligible for an endorsement, in order to

promote positive returns at the fishery level, and implement the

outcome of the investigation

Restructure within the Lobster Fishery has occurred overtime with 38% (174

to 106) less shareholders in the fishery since its commencement in 2000.

Furthermore, the proportion of shareholders holding less than minimum

shareholding (55) has reduced by 81% (94 to 18). This suggests a general

trend of share reallocation from small (<55) to large (>100) shareholdings.

Limit shareholders from acquiring, through quota transfer, more

than 100% of the amount of his/her initial quota allocation for the

fishing period

No change required at this stage. This approach has been endorsed by

LobMAC.

Reducing the limit from 200% to 100% of quota a shareholder may acquire by

quota transfer may significantly impact the economic viability on the fishery.

The current limit still continues to promote restructure at the shareholding

level, whilst enabling lobster shareholders to capitalise on short term stock

variations.

Investigate the data available to assess the economic multiplier

(flow-on) effects of commercial fishing, including the Lobster

Fishery, to the broader community, and develop strategies to

improve the quality/usefulness of such data

The FMSs for the major commercial fisheries include management actions

relevant to economic and social factors affecting fisheries, to develop

strategies to identify economic issues, and implement targeted surveys to

obtain information on the social and economic status of commercial fisheries.

A coordinated approach across all fisheries is considered the most efficient

approach due to many fishers being endorsed in multiple fisheries Further

consultation with SIAC and MACs is needed to progress this and associated

management actions.

Action Status

Collect information to detect patterns in the quantity and price of

share transfers and the quantity of quota traded, and investigate

the feasibility of collecting data on the price of quota traded

NSW DPI collects information on share trading values (average share price

and number of shares traded) and quota trading (including weight traded and,

on a voluntary basis, traded price).

Investigate the feasibility of implementing an exchange accessible

by all lobster shareholders transferring quota and implement the

outcomes of the investigation

This management response is being considered as part of the FisOnline

Project. Refer to Management in this submission.

Investigate the feasibility, and implement the outcome, of

introducing: (i) a requirement that lobster fishers include tag

numbers of marketed lobsters on prescribed records to enable

effective auditing; and (ii) arrangement for validating daily lobster

landings and other catch and effort data to improve the robustness

of the data, where necessary

(i) Lobster fishers are required to place a tag with an individual identification

number on each retained lobster. Tagged lobsters can then be traced back

to the lobster fisher. However, to minimise handling of retained lobsters,

lobster fishers are not required to report the tag numbers of marketed

lobsters. Lobster fishers are however required to record the weight and

receiver name of disposed lobsters to NSW DPI, to enable effective

auditing.

(ii) NSW DPI is developing an IVR (interactive voice response) system as part

of the FishOnline Project. Such as system will provide compliance officers

with real time catch and validation information.

Periodically review, in consultation with the Lobster MAC, the

mandatory catch and effort return forms submitted by lobster

fishers and implement changes if the data collected is perceived to

be insufficient for monitoring and assessment purposes

In July 2009 NSW DPI introduced revised catch and effort reporting


Appendix 2: Report on performance indicators in the Lobster Fishery (2010/11)

Performance Indicator Trigger Point Status Comment

The estimated quantity of bycatch

which is discarded

The estimated quantity of bycatch

increases between consecutive

observer surveys

-

Species composition (for all

retained and bycatch species) taken

by the fishery

Significant shift in species

composition detected between

consecutive observer surveys for

any method

-

Consecutive observer survey data not available.

A two-year scientific observer program has been done in

the Lobster Fishery collecting data on, among other

things, the size distribution of the commercial lobster

catch and the magnitude and spatial and temporal

variability of bycatch and byproduct species. The final

report is in preparation and is yet to be published.

Response to the fishery to marine

pest and disease incursions

Guidelines specified in any Marine

Pest and Disease Management

Program are not adopted by the

Lobster Fishery

� All relevant guidelines adhered to in the fishery.

In 2008 all commercial fishers were sent the brochure

‘Stop marine pests affecting you: Information for

commercial fishers’, which summarises best practice

guidelines and outlines the marine pest issues. In 2009,

coastal Fisheries Compliance staff were sent copies of

marine pest identification cards to distribute to

commercial fishers. In 2010, NSW DPI ran a marine pest

workshop with NSW Maritime Boating Officers / Slipway

Operators to further raise awareness of marine pests.

This ongoing awareness campaign alerts the commercial

fishing industry to the dangers marine pests pose to their

livelihood, the environment and how the commercial

fishing industry can help stop the spread of marine pests.


Areas closed to commercial lobster

fishing in NSW managed waters

Areas closed to commercial

lobster fishing become open after

the commencement of the FMS

� No areas closed to the Lobster Fishery have become

open since February 2007. Note that the total area

available for fishing has been reduced through the

introduction of two new marine parks.

Abundance/biomass of spawning

stock relative to pre-exploitation

level (model based estimates)

Biomass of spawning stock is

depleted to less than 25% of pre-

exploitation level

� The estimated depletion of spawning biomass was to

26% (90% C.I.: 20 – 37%). This estimate is based on the

base-case scenario of the length-structured model of the

rock lobster population and fishery described in the most

recent resource assessment for the Lobster Fishery.

Trend in abundance/biomass of

spawning stock

The index of abundance of

spawning stock decreases in two

consecutive years

� The index of abundance based on catch rates of mature

females (females >= 167 mm CL) during the fishery-

independent survey was 0.114 per trap-lift in 2006-07,

0.153 in 2007-08 and 0.261 in 2008/09 and 0.395 per

trap-lift in 2010-11.

Annual eastern rock lobster

landings compared with the TACC

set for eastern rock lobsters

Ratio of annual commercial catch

to TACC is below 85% in two

consecutive years

� Commercial catch in 2009/10 and 2010/11 represented

95.4% and 98.7% of the TACC, respectively.

Ratio of total annual landings of all

byproduct species to eastern rock

lobster taken by the Lobster Fishery

Ratio of byproduct species to total

lobster landings in any one year

exceeds a percentage to be

determined following the collection

of two years of recorded byproduct

data

- Trigger yet to be determined. Mandatory catch reporting

of all species taken in the Lobster Fishery (i.e. by lobster

traps) was implemented on 1 July 2009.

Note: For the 2009/10 fishing period, reports indicate

byproduct was retained in less than 7% of fishing events.


Commercial landings of hermit

crabs

Commercial landings of hermit

crabs exceed 30 tonnes per

fishing period

� Mandatory catch reporting of all species taken in the

Lobster Fishery (i.e. by lobster traps), implemented on 1

July 2009.

There were no reported landings (by lobster trap) of

hermit crab in the 2009/10 fishing period. Approx. 1.17

tonnes was landed in the 2010/11 fishing period.

Annual landings of wobbegong

sharks by the Lobster Fishery

Lobster Fishery landings of

wobbegong sharks exceeds 8

tonnes

� The reported landings (by lobster trap) of wobbegong

sharks were less than 100kgs for the 2009/10 fishing

period. Note that a commercial trip limit of 6 wobbegong

shark carcasses was implemented in 2008.

Interactions between the fishery and

threatened species, populations or

ecological communities which may

threaten the survival of a threatened

species, population or ecological

community

Any interactions between the

fishery and a threatened species,

population or ecological

community that are likely to

threaten the survival of that

threatened species, population or

ecological community, as

determined by the Director-

General of NSW DPI on advice

form relevant threatened species

experts.

� No reported or observed negative interactions with

threatened species.


Interactions between the fishery and

protected species which may

threaten the survival of a protected

species

A biennial review undertaken on

interactions between the fishery

and a protected species (reported

by endorsement holders in the

fishery or observed during an

observer survey) finds that the

fishery is likely to threaten the

survival of that protected species,

as determined by the Director-

General of NSW DPI on advice

from threatened species experts

� No reported or observed negative interactions with

protected species.

Change in the distribution of eastern

rock lobster landings between the

commercial sector and non-

commercial sectors (combining

recreational and Indigenous)

Maximum absolute difference in

the distribution of catch between

the commercial and non-

commercial sectors is greater than

25 percentage points when

compared every five years

- This performance indicator can only be measured if

updated estimates of non-commercial catch become

available between comparison years.

Quantity of finfish landings in the

Lobster Fishery compared to the

Ocean Trap and Line Fishery

To be determined following one

year of collection of baseline data

- Trigger yet to be determined. Mandatory catch reporting

of all species taken in the Lobster Fishery (i.e. by lobster

traps) was implemented on 1 July 2009.

Note: For the 2009/10 fishing period, reports indicate

byproduct was retained in less than 7% of fishing events.


Abundance/biomass of the

exploitable component (i.e. within

the range of minimum and

maximum legal lengths) of the stock

of eastern rock lobsters (indicated

by raw CPUE and model based

estimates of abundance)

1. CPUE is less than the mean of

the annual CPUEs during the

reference period 1994-95 to 2003-

04

OR

2. Estimated exploitable biomass

is less than mean of annual

estimates of exploitable biomass

during the reference period 1994-

95 to 2003-04

� 1. The mean CPUE (kg/ trap-month) for the 2009/10

fishing period of 4.11 kg/trap-month, is greater than the

mean CPUE of 2.17 kg/trap-month for the reference

period.

2. As at the 2010/11 fishing period, three scenarios of

the stock/fishery model were examined and median

estimates of biomass for lobsters between 104 and 180

mm CL were 12%, 15%, and 22% greater than the mean

1994/95 to 2003/04 median biomasses.

Net economic return to the fishery The Director-General of NSW DPI

is satisfied that the gross value of

production of the fishery has not

exceeded the sum of indicative

industry operational costs and

government management costs

relevant to the fishery for 3

consecutive years

- Not applicable to this year’s assessment. A process of

determining indicative operational costs is to be

developed in consultation with the Seafood Industry

Advisory Council and the relevant MACs.

Gross value of lobster production

(CPI adjusted) relative to the TACC

Gross value of commercial catch

(CPI adjusted) relative to the full

TACC if caught, decreases by

more than 10% from the previous

year

� Commercial catch in 2009/10 and 2010/11 represented

95.4% and 98.7% of the TACC respectively. The value

(CPI adjusted) of the reported catch for the 2009/10

fishing period was $7 million and $7.7 million in the

2010/11 fishing period.


Average market value of lobster

shares when traded

Average annual share transfer

price increases or decreases by

more than 25% over two years

� The average share price increased from $1912/share in

the 2007/08 fishing period to $1953/share in 2009/10.

The percentages of total inspections

which result in the detection of

major (share forfeiture) or minor (all

other) offences

Percentage of inspections

resulting in the detection of

offences exceeds either of the

following:

(i) 20% for minor offences;

(ii) 10% for major offences

� 2010/11 - 86%

Number of Lobster MAC meetings

held each year

Number of Lobster MAC meetings

is less than 2 in any calendar year,

unless other wise agreed to by the

Lobster MAC

� 2009 - 2 meetings held on 30 March 2009 and 30

September 2009.

2010 - 2 meetings held on 23 March 2010 and 14

October 2010 (Lobster Industry Working Group).

2011 - 1 (Lobster Industry Working Group) meeting held

on 7 April 2011.

Reviews and outcomes of strategic

plans for research and compliance

in the Lobster Fishery

The research or compliance

strategic plans expire without

being reviewed by NSW DPI, or

the strategic plans are not

modified consistent with the

approved outcomes of a review

� Lobster Research Plan has been updated and approved

each year by NSW DPI and the Lobster Management

Advisory Committee.

Compliance strategic plans for NSW commercial and

recreational fisheries and aquaculture are established in

Annual District Compliance Plans (ADCPs), all of which

are completed and reviewed quarterly. The Statewide


Fisheries Compliance Plan has entered the final phase

of its implementation in accordance with time lines set

out in the Department's Corporate Business Plan. NSW

fisheries compliance plans are regularly reviewed for

progress against the objectives of the Australian

Fisheries National Compliance Strategy (AFNCS) which

underwent review after 5 years in 2009 and was

recommenced for the 2010-2015 period. The AFNCS

2010-2015 is managed by the National Fisheries

Compliance Committee (NFCC), under the auspices of

the Australian Fisheries Management Forum, and guides

Australian fisheries jurisdictions in achieving the

objectives of the National Plan of Action to Prevent,

Deter and Eliminate Illegal, Unreported and Unregulated

Fishing - which in turn helps achieve the objectives of the

International Plan of Action to Prevent, Deter and

Eliminate Illegal, Unreported and

Unregulated Fishing (FAO).

Research work that contributes to

filling information gaps identified by

the EIS for the fishery

Research work has not been

undertaken to fill identified

information gaps within 5 years

from the commencement of the

FMS

- Not applicable to this year's assessment. Note: a 2.5

year research project (funded jointly by FRDC, NSW DPI

and Industry) commenced in July 2009 to investigate the

significance of ghost-fishing and methods for reducing

ghost fishing mortality.


Accuracy of catch return (logbook

and monthly reporting) data

The accuracy of the reported data

has not improved after every three

year period

- Not applicable to this year's assessment. In July 2009

NSW DPI introduced revised catch and effort reporting

arrangements for all NSW commercial fisheries including

the Lobster Fishery.

Occurrence of port meetings

conducted with fishers and fisheries

officers

No port meetings held in a year × No port meetings held for the Lobster Fishery in 2011.

Appendix 3: A summary report against Export Approva l recommendations

Recommendations Progress

Recommendation 1:

NSW DPI to inform the [then] Department of the Environment and

Water Resources of any material change to the NSW Lobster Fishery’s

management arrangements that could negatively affect the

assessment of the fishery against the Environment Protection and

Biodiversity Conservation Act 1999 (EPBC Act) criteria, within three

months of that change being made.

SEWPaC advised accordingly.

Recommendation 2:

NSW DPI to monitor the spatial population structure of the eastern rock

lobster stock and trends in effort at an appropriate scale and, as

required, implement management measures to minimise the risk of

localised depletion and to inform the Total Allowable Commercial Catch

setting process.

An assessment of the eastern rock lobster resource is conducted annually using

a range of different analyses from both fishery dependent and independent data.

The assessment considers alternate harvest strategies, runs models of the

population and fishery, analyses temporal and spatial catch and effort

information, investigates temporal and spatial recruitment indices, monitors the

abundance and size composition of the spawning stock, and monitors the size

and sex composition of [legal sized] lobsters landed in the fishery.

Recommendation 3:

NSW DPI to modify the Lobster Fishery catch recording system to

record and monitor landings of all other species taken in the lobster

traps and retained, including records for separate species, within 1

year. Appropriate support for byproduct reporting should be provided to

fishers including guides to species identification and information on the

importance of complete and accurate reporting.

Complete. In July 2009 NSW DPI introduced revised catch and effort reporting


The revised reporting arrangements have been developed to address, among

other things, requirements for finer scale spatial and temporal reporting, and for

the Lobster Fishery, requiring fishers to report retained byproduct taken from

lobster trapping operations.

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