B11/199
Senator the Hon Joe Ludwig
Minister for Agriculture, Fisheries and Forestry
Parliament House
CANBERRA ACT 2600
Dear Minister
In November 2010, the Australian Fisheries Management Authority (AFMA) submitted the AFMA submission for Reassessment of the Eastern Tuna and Billfish Fishery 2010 for assessment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBCAct).
This submission has been assessed under the protected species provisions of Part13 and the wildlife trade provisions of Part 13A of the EPBC Act. Theassessment also took account of measures that have been developed by AFMA and actions progressed by the Department of Agriculture, Fisheries and Forestry (DAFF) in response to conditions and recommendations made in the previous assessment.
I am pleased to advise that assessment of the Eastern Tuna and Billfish Fishery is now complete. The assessment report will be available on the Department of Sustainability, Environment, Water, Population and Communities’ website at: http://www.environment.gov.au/coasts/fisheries/commonwealth/eastern-tuna-billfish/index.html.
I am satisfied that the operation of the Eastern Tuna and Billfish Fishery is consistent with the objects of the wildlife trade provisions in Part 13A of the EPBC Act. I am also satisfied that the fishery is unlikely to be detrimental to the survival or conservation status of any taxon to which the fishery operation relates, or threaten any relevant ecosystem for the duration of my declaration.
Given the management measures in place, including output controls based on individual transferable quotas that are allocated as statutory fishing rights from an annual total allowable catch, and comprehensive compliance and monitoring arrangements, I have decided to declare the Eastern Tuna and Billfish Fishery an approved Wildlife Trade Operation for three years, until 26 February 2014. I will make the declaration subject to the sixconditions at AttachmentA.
There are a number of issues that need to be addressed to contain environmental risks in the longer term. To ensure that these issues are addressed and risks are minimised, I have made six recommendations to improve the environmental performance of the fishery. These are set out in Attachment B. Officers from theDepartment of Sustainability, Environment, Water, Population and Communities, DAFF and AFMA have discussed key areas requiring ongoing and increased attention. I understand that the recommendations in Attachment B have been agreed by officials from these agencies.
In March 2010, the AFMA advised the then Department of the Environment, Water, Heritage and the Arts of a proposed new management plan for the fishery: the Eastern Tuna and Billfish Fishery Management Plan 2010. The assessment has taken account of the proposed changes to management arrangements.
The Eastern Tuna and Billfish Fishery and the previous Eastern Tuna and Billfish Fishery Management Plan 2005 were assessed under Part 10 (strategic assessments) of the EPBC Act in 2005. I have reviewed the Eastern Tuna and Billfish Fishery Management Plan 2010 and I am satisfied that the new plan does not alter the outcome of the previous strategic assessment of the fishery.
AFMA has advised the department that the Eastern Tuna and Billfish Fishery Management Plan 2010 was determined by the AFMA Commission on 20 December 2010. Accordingly, I intend to table a Notice of Intent to accredit the Eastern Tuna and Billfish Fishery Management Plan 2010 under section 33 of the EPBC Act for the purposes of a declaration under subsection 33(1) of the EPBC Act.
The Eastern Tuna and Billfish Fishery Management Plan 2005 was accredited under Part 13 of the EPBCAct in December 2005. I am satisfied that the arrangements under the new management plan do not alter the outcomes of the previous accreditation.
I consider that the operation of the Eastern Tuna and Billfish Fishery does not, or is not likely to, adversely affect the survival in nature of a listed threatened species or population of that species, or the conservation status of a listed migratory species, cetacean or listed marine species or a population of any of those species. I also consider that under the Eastern Tuna and Billfish Fishery Management Plan 2010, operators are required to take all reasonable steps to avoid the killing or injuring of protected species. Accordingly, I have accredited the Eastern Tuna and Billfish Fishery Management Plan 2010 under Part 13 of the EPBC Act.
I would like to thank you for the cooperation of your officials in this assessment and Ilook forward to receiving your assurance that the recommendations will be implemented.
I have written to the Chairman of the AFMA Commission in similar terms.
Yours sincerely
Tony Burke
Enc
Attachment A
Conditions on the approved Wildlife Trade Operation declaration for the Eastern Tuna and Billfish Fishery
Condition 1
Operation of the fishery will be carried out in accordance with the management arrangements for the Eastern Tuna and Billfish Fishery in force under the Fisheries Management Act 1991.
Condition 2
The Australian Fisheries Management Authority to inform the Department of Sustainability, Environment, Water, Population and Communities (the department) of any intended amendments to the Eastern Tuna and Billfish Fishery management arrangements that may affect the assessment of the fishery against the criteria on which Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) decisions are based.
Condition 3
The Australian Fisheries Management Authority and the Department of Agriculture, Fisheries and Forestry to produce and present reports to the department annually as per Appendix B to the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
Condition 4
The Australian Fisheries Management Authority to ensure that the catch of bigeye tuna in the Eastern Tuna and Billfish Fishery is sustainable. The Australian Fisheries Management Authority to:
a) conduct a review of available research on stock structure and connectivity in the western and central Pacific Ocean; and
b) in consideration of a), support research to determine whether there is a discrete stock of bigeye tuna in the Coral Sea, as appropriate.
Condition 5
The Australian Fisheries Management Authority, if e-monitoring is implemented in the Eastern Tuna and Billfish Fishery, to ensure that the monitoring program for the fishery appropriately balances the limitations of each monitoring method to continue to:
a) ensure that there are statistically significant levels of scientific observer effort (or other reliable method) representative of fishing effort, by areas and months to, at a minimum, meet Western and Central Pacific Fisheries Commission requirements and to validate:
a. the nature and level of interactions with species listed under the EPBC Act to facilitate a quantification of the effects of fishing on these species;
b. commercial catch of Eastern Tuna and Billfish Fishery quota and byproduct species;
c. the incidence of discarding (including life status) and high grading; and
d. interactions with bycatch;
b) annually compare observer reports with logbook records for species listed under the EPBC Act, implement measures to address any inconsistencies and publicly report these as part of the annual reporting to the department.
Condition 6
AFMA to continue to:
a) implement measures to ensure the take of shark in the Eastern Tuna and Billfish Fishery is sustainable, including for:
i) byproduct;
ii) bycatch; and
iii) the broader marine environment;
b) educate fishers of obligations under the EPBC Act and Fisheries Management Act 1991 in relation to mako and porbeagle sharks; and
c) educate fishers about correct reporting procedures for interactions.
Attachment B
Recommendations to the Australian Fisheries Management Authority and the Department of Agriculture, Fisheries and Forestry on the ecologically sustainable management of the Eastern Tuna and Billfish Fishery.
Recommendation 1
The Australian Fisheries Management Authority to review the Eastern Tuna and Billfish Fishery Ecological Risk Assessment. The Australian Fisheries Management Authority to implement appropriate management actions to address any high risks identified.
Recommendation 2
The Australian Fisheries Management Authority to develop a formal framework applicable to the Eastern Tuna and Billfish Fishery to guide the management of byproduct species, which includes objectives, performance measures, management responses and information requirements as appropriate.
Recommendation 3
The Australian Fisheries Management Authority to work with other relevant jurisdictions to pursue complementary research and management of shared shark stocks.
Recommendation 4
The Department of Agriculture, Fisheries and Forestry and the Australian Fisheries Management Authority, in cooperation with the relevant States, to assess the adequacy of data and information collection on recreational and charter catch of target species, with a view to determining whether improvements are required to ensure that the information is provided at an appropriate precision for inclusion in the assessment in the Western and Central Pacific Fisheries Commission.
Recommendation 5
The Department of Agriculture, Fisheries and Forestry to continue to pursue Australian Government objectives to incorporate an ecosystem approach to fisheries management. This includes working within the Western and Central Pacific Fisheries Commission to:
a) improve catch reporting and therefore certainty around stock assessments, including through the collection and provision of fishery data and catch validation;
b) continue to pursue, implement or improve monitoring, control and surveillance measures (e.g. Regional Observer Program, Compliance Monitoring Scheme, Vessel Monitoring System, management of Illegal, Unreported and Unregulated vessels, and transhipment) to ensure compliance with catch and effort levels and ensure that unreported catches are minimised;
c) continue to pursue catch and effort levels that are sustainable and seek to recover overfished stocks, and pursue the adoption of appropriate measures (for example closures and effort caps) to assist members to keep within prescribed catch or effort levels. In this regard, Australia should continue to advocate the Commonwealth Fisheries Harvest Strategy Policy as an example of best practice;
d) seek to ensure that decisions regarding the global catch and effort levels take into account all mortality of key species; and
e) continue to pursue, implement or improve binding measures to mitigate the impacts on ecologically related species, in particular seabirds, sharks, marine turtles, and cetaceans.
Recommendation 6
The Australian Fisheries Management Authority to:
a. by February 2013, outline a new workplan to reduce bycatch and discards in the Eastern Tuna and Billfish Fishery; and
- provide the results of the formal two-year review of the Bycatch and Discarding Workplan to the department by 31 March 2013.