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Submission to DEWHA seeking export approval for the NSW ... … · behalf the NSW fishing industry...

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Page 1 Submission to the Department of the Environment, Water, Heritage and the Arts on behalf the NSW fishing industry seeking export approval for the NSW Estuary Prawn Trawl Fishery - July 2008 1. Introduction This submission has been prepared by the NSW DPI on behalf of NSW Estuary Prawn Trawl fishing businesses with a view to assisting industry to obtain export approval by leveraging off the comprehensive, legislative and policy framework for fisheries management under NSW law. NSW DPI recognises that many commercial fishers are facing financial difficulties due to increasing operating costs (e.g. fuel), competition from cheap imports, environmental conditions affecting the abundance of prawn stocks and longer term structural adjustment issues. It is therefore important that fisher representatives be given an opportunity to consider any additional requirements or shorter timeframes that the Commonwealth may consider in drafting an export approval, in order to give industry the opportunity to decide whether or not to pursue export markets. The following provides a report of the Estuary Prawn Trawl Fishery (EPTF) since the initial assessment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in 2003. Information provided is based on the headings contained within Appendix B of the Guidelines for the Ecologically Sustainable Development of Fisheries – 2 nd Edition. The purpose of the submission is to seek export approval for the NSW Estuary Prawn Trawl Fishery (EPTF). Consistent with the requirements of the Commonwealth guidelines, this submission references sections of related documents including the Environmental Impact Statement (EIS) 1 , the approved Fishery Management Strategy 1 and the Fisheries Management Performance Report 2004 1. Where applicable, fishery and catch information has been updated with the most recent available data and included in this submission. The EIS for the EPTF 1 , published in February 2002, also 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 presents a summary of the NSW EPTF as at June 2008. The EPTF was declared an approved Wildlife Trade Operation (WTO) under the EBPC Act in December 2003 and was valid until 30 November 2006. Upon expiry of the WTO for the EPTF, the Estuary Prawn Trawl Management Advisory Committee (EPTMAC) advised that no product caught in the fishery was being exported and therefore a further export approval was not required at that time. The Clarence River Professional Fishermen’s Association applied for export approval for product harvested from the Clarence River EPTF in August 2007 and an exceptional circumstances permit was granted for the export of product from this component of the EPTF in September 2007. The permit was valid until 20 March 2008. A number of improvements have been made to the sustainable management of the fishery since the initial environmental assessment in 2003 including: Estuary Prawn Trawl Fishery Management Strategy NSW DPI and Industry have worked cooperatively to implement many actions contained in the EPT FMS aimed at addressing issues identified in the EIS. The changes include many direct actions such as modifying the use of fishing gear to reduce environmental impacts (e.g. preventing trawling in areas and at times of high abundances of incidental species and prohibiting trawling over beds of Zostera and Posidonia seagrass), limiting the species permitted to be landed and times and areas permitted to be fished. Many indirect actions, 1 Available at www.fisheries.nsw.gov.au/commercial/management-strategies
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Page 1: Submission to DEWHA seeking export approval for the NSW ... … · behalf the NSW fishing industry seeking export approval for the NSW Estuary Prawn Trawl Fishery - July 2008 1. Introduction

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Submission to the Department of the Environment, Water, Heritage and the Arts on behalf the NSW fishing industry seeking export approval for the

NSW Estuary Prawn Trawl Fishery - July 2008 1. Introduction

This submission has been prepared by the NSW DPI on behalf of NSW Estuary Prawn Trawl fishing businesses with a view to assisting industry to obtain export approval by leveraging off the comprehensive, legislative and policy framework for fisheries management under NSW law. NSW DPI recognises that many commercial fishers are facing financial difficulties due to increasing operating costs (e.g. fuel), competition from cheap imports, environmental conditions affecting the abundance of prawn stocks and longer term structural adjustment issues. It is therefore important that fisher representatives be given an opportunity to consider any additional requirements or shorter timeframes that the Commonwealth may consider in drafting an export approval, in order to give industry the opportunity to decide whether or not to pursue export markets. The following provides a report of the Estuary Prawn Trawl Fishery (EPTF) since the initial assessment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in 2003. 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 NSW Estuary Prawn Trawl Fishery (EPTF). Consistent with the requirements of the Commonwealth guidelines, this submission references sections of related documents including the Environmental Impact Statement (EIS)1, the approved Fishery Management Strategy1 and the Fisheries Management Performance Report 20041. Where applicable, fishery and catch information has been updated with the most recent available data and included in this submission. The EIS for the EPTF1, published in February 2002, also 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 presents a summary of the NSW EPTF as at June 2008. The EPTF was declared an approved Wildlife Trade Operation (WTO) under the EBPC Act in December 2003 and was valid until 30 November 2006. Upon expiry of the WTO for the EPTF, the Estuary Prawn Trawl Management Advisory Committee (EPTMAC) advised that no product caught in the fishery was being exported and therefore a further export approval was not required at that time. The Clarence River Professional Fishermen’s Association applied for export approval for product harvested from the Clarence River EPTF in August 2007 and an exceptional circumstances permit was granted for the export of product from this component of the EPTF in September 2007. The permit was valid until 20 March 2008. A number of improvements have been made to the sustainable management of the fishery since the initial environmental assessment in 2003 including: Estuary Prawn Trawl Fishery Management Strategy NSW DPI and Industry have worked cooperatively to implement many actions contained in the EPT FMS aimed at addressing issues identified in the EIS. The changes include many direct actions such as modifying the use of fishing gear to reduce environmental impacts (e.g. preventing trawling in areas and at times of high abundances of incidental species and prohibiting trawling over beds of Zostera and Posidonia seagrass), limiting the species permitted to be landed and times and areas permitted to be fished. Many indirect actions,

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

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such as new reporting provisions and production of a colour guide to assist with identification and recording of threatened and protected species interactions; and the development of codes of conduct, have also been fully implemented. Share Management Regime The conversion of five major commercial fisheries, including the EPTF, to category 1 share management was completed on 5 February 2007. Share Management Plans have been adopted for each of the five commercial fisheries and the Supporting Plan, encompassing rules that apply to multiple commercial fisheries, has been implemented. In addition, a range of changes have been made to the Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 to complement the introduction of share management. Major benefits of share management include provision of a secure fishing access right for fishing businesses that hold shares and endorsements in a share management fishery, thus providing a greater incentive for shareholders to sustain the resource and maintain the value of the entitlements, and, from a business efficiency perspective, greater flexibility for fishing business owners to adjust the structure of their fishing businesses.

The Fisheries Management (Supporting Plan) Regulation 2006 and the Fisheries Management (Estuary Prawn Trawl Share Management Plan) Regulation 2006 are available at www.legislation.nsw.gov.au

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Table 1: Summary of the NSW Estuary Prawn Trawl Fishery

Area Limited to 3 estuaries – Clarence, Hunter and Hawkesbury Rivers

Gear Otter trawl net (prawns)

Management Controls Predominantly managed by input controls

Fishing Units 185 fishing businesses (as at April 2008)

Target Species

Clarence River: School prawn (Metapenaeus macleayi) Hunter River: School prawn (Metapenaeus macleayi) Eastern king prawn (Penaeus plebejus) Hawkesbury River: School prawn (Metapenaeus macleayi) Eastern king prawn (Penaeus plebejus) Broad squid (Photololigo etheridgei) Slender squid (Loliogo sp.) Bottle squid (Lolilus noctiluca) Bubble squid (Eupyrmna stenodactyla) Candy-striped squid (Sepioloida lineolata)

Catch 2006/07 - 522.4 tonnes

Stock Status

Overfished 0 Growth Overfished 2 Fully Fished 4 Moderately Fished 1 Uncertain 0 Undefined 13

Value 2006/07 - Approx $3.905 million (This value is NSW DPI’s first point of landings estimation based on Sydney Fish Market (SFM) average monthly species prices from all sources, and therefore do not necessarily account for local price variations or value adding).

Export School prawns

Endangered / Threatened / Protected Species Interactions

Mandatory reporting of threatened species interactions was implemented for the EPTF in 2005. No reports of threatened species interactions have been reported by endorsement holders in the EPTF pursuant to the reporting requirements.

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2. Description of the fishery The Estuary Prawn Trawl Fishery (EPTF) is limited to three estuaries in NSW, the Hawkesbury, Hunter and Clarence Rivers, and is defined by the use of an otter trawl net (prawns) to target school and eastern king prawns and, in the case of the Hawkesbury River, squid. The following is a detailed description of the EPTF. Species

Target and By-product Species: Clause 9 of the Fisheries Management (Estuary Prawn Trawl Share Management Plan) Regulation 2006 (the Plan) limits the species permitted to be taken in the EPTF to target and by-product species prescribed in clauses 11 and 12 of the Plan (Table 2).

Table 2: Species of fish permitted to be taken in the EPTF ‘Yes’ signifies that the species is a by-product species in that estuary. ‘No’ signifies that the species is not a by-product species in that estuary and therefore cannot be landed by fishers working in the EPTF. ‘Target’ signifies that the species is a target species in that estuary.

Common name Scientific name Hawkesbury Hunter Clarence School prawn Metapenaeus macleayi Target Target Target Eastern king prawn Melicertus plebejus Target Target Yes Greasyback prawn Metapenaeus bennettae Yes Yes Yes Tiger prawn Penaeus esculentus Yes Yes Yes Trumpeter whiting Sillago maculata Yes No Yes Large-toothed flounder Pseudorhombus arsius Yes No No Small-toothed flounder Pseudorhombus jenynsii Yes No No Black sole Synaptura nigra Yes No No Silver biddy Gerres subfasciatus Yes No Yes Striped trumpeter Pelates quadrilineutus Yes No No Whitebait spp. Family: Clupeidae Yes No No Fork-tailed catfish Euristhmus lepturus Yes No Yes Estuary catfish Cnidoglanis macrocephalus No No Yes Striped catfish Plotosis lineatus Yes No Yes Bullseyes Pempherididae Yes No No Hairtail Trichiurus lepturus Yes No No Yellowtail scad Trachurus novaezelandiae Yes No No Blue swimmer crab Portunus pelagicus Yes No Yes Mud crab Scylla serrata Yes No Yes Octopus spp. Order OCTOPODA Yes No No Mantis shrimp Erugosquilla grahami Yes No No Mantis shrimp Harpiosquilla harpex Yes No No Arrow squid Nototodarus gouldi No Yes Yes Broad squid Photololigo etheridgei Target Yes Yes Slender squid Loligo sp. Target Yes Yes Bottle squid Loliolus noctiluca Target Yes No Bubble squid Eupyrmna stenodactyla Target No No Candy-striped squid Sepioloida lineolata Target No No

Section 3c(v) (Protected Fish) (pp 28 – 29) of the EPT FMS lists fish that are protected from fishing by all sectors and from commercial fishing only.

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Management arrangements

The EPTF is entirely managed under the Fisheries Management Act 1994 (the FM Act) and regulations made under this Act (refer to Governing legislation below). The NSW Department of Primary Industries is the State Government agency responsible for the administration of the FM Act. The EPTF is predominantly managed by input controls including: Limited entry Access to the EPTF was first limited in 1985. Access was limited to vessels with a demonstrated history of participation in the fishery. On 1 March 1997, the EPTF and the remaining open access fisheries all moved into the restricted fishery management regime. Five major commercial fisheries, including the EPTF, have since made the progression to a share management regime. Implementation of share management arrangements for the Estuary Prawn Trawl, Estuary General, Ocean Hauling, Ocean Trawl and Ocean Trap and Line fisheries commenced with provisional share allocation and the ‘limited access stage’, in December 2004 and March 2005 respectively. The final stage of share management commenced on 5 February 2007 with the adoption and implementation of share management plans. Access to the EPTF is now limited to shareholders in this fishery and/or their nominated fishers who hold shares above any minimum shareholding level established in the Fisheries Management (Estuary Prawn Trawl Share Management Plan) Regulation 2006. Controls on fishing gear and boats • Refer to Fishing methods / gear types below. • Boat capacity restrictions are regulated in the Fisheries Management (Estuary Prawn

Trawl Share Management Plan) Regulation 2006. Under clause 18 of the Plan, the maximum boat length in the EPTF is 10 metres. This does not apply to boats that were a component of an estuary prawn trawl fishing business immediately before the commencement of the Plan.

Time and area closure: Refer to Appendix 1 of this submission ‘Closures authorised under Section 8 and Section 11 of the Fisheries Management Act 1994 relevant to the EPTF’. Trawl seasons and operating hours Trawl season and operating hours are regulated in the Fisheries Management (Estuary Prawn Trawl Share Management Plan) Regulation 2006. Refer to Table 3 below. Other licensing arrangements: Refer to Section 3 (Fishery Description) (pp 21 – 38), Section 4 (Management Controls and Administration) (pp 39 – 46) and Section 8b (Goals, Objectives and Management Responses) (pp 60 – 97) of the EPT FMS. Recent changes made to the management arrangements are outlined in Section 3 of this submission including implementation of a range of management actions required under the EPTFMS such as output controls: maximum ‘point of sale’ prawn counts and ‘codend’ prawn counts.

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Table 3: Trawl seasons and operating hours in the EPTF Estuary Trawl season Operating hours

Hawkesbury River 1 July each year to 30 June in each succeeding year

Broken Bay: Midnight Sunday to midnight Friday in each week, excluding public holidays. Juno Point upstream to the vehicular ferry at Lower Portland: Midnight Sunday to 6pm Friday in each week, excluding public holidays Marramarra Creek and Coba Bay: Monday to Thursday (inclusive) - sunrise to sunset in each of the days Friday - sunrise to 6pm, excluding public holidays.

Hunter River 1 December each year to Friday nearest 14 June each succeeding year

6am to 6pm, Monday to Friday, excluding public holidays.

Clarence River

Clarence River: 1 December each year to Friday nearest 14 June each succeeding year Lake Wooloweyah: First Tuesday on or nearest 1 October each year to Friday nearest 14 June each succeeding year Note: A provision allows for a possible extension to the time period for trawling by 15 working days in total each season, either at the start of the season (Clarence River only) or at the end of the season (Clarence River and Lake Wooloweyah) or a combination of both. For the purpose of extending the time period, trials are to be conducted to determine the availability and size of prawns or the level of bycatch.

Clarence River: Mondays - 8am to 6pm Tuesday to Friday (inclusive) - 7am to 6pm, excluding public holidays. Lake Wooloweyah: Mondays - 8am to 6pm Tuesday to Friday (inclusive) - 7am to 6pm, excluding public holidays.

Fishing methods / gear types

An endorsement in the EPTF allows a commercial fisher to use an otter trawl net (prawns), in specified estuarine waters, to harvest target and by-product species identified in Table 2 above. See Section 3d (Gear used in the fishery) (pp 34 – 36) of the EPT FMS and Chapter B 3(b) (Methods of Harvesting) (pp B26 – B29) of the EIS for a description of an otter trawl net (prawns) and its operation in estuarine waters.

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Figure 1: Diagram of an otter trawl net (prawns) used in the Estuary Prawn Trawl Fishery The mesh size, amount of net (i.e. headrope length) and number of nets that may be towed behind an estuary prawn trawl vessel are restricted to limit fishing capacity and may vary depending upon the target species. Clause 38 of the Fisheries Management (General) Regulation 2002 prescribes the restrictions applying to estuary prawn trawl nets, as summarised in Table 4 below. Table 4: Characteristics of the otter trawl nets permitted in each estuary in the EPTF

Characteristic Hawkesbury Hunter Clarence Mesh size of net (mm) 40 – 60 40 – 60 40 – 60 Mesh size of codend (mm) 40 – 50 40 – 50 40 – 50

Maximum number of the nets 2 (Broken Bay) 1 (Elsewhere) 1 2

Maximum headline length (m) 11 11 7.5m each net (if twin gear) 11m (if single gear)

Bycatch Reduction Device (BRD) Yes Yes Yes

It is mandatory for all otter trawl (prawn) nets to be fitted with a bycatch reduction device (BRD) that has been approved for use in the EPTF. Bycatch reduction devices approved for use in the EPTF are outlined below (Table 5) and further detailed in Appendix 2 of this submission. Table 5: Bycatch reduction devices approved for use in each estuary in the EPTF

Estuary BRD

Hawkesbury River

1. Square mesh panel 2. Blubber chute (175mm mesh) 3. Nordmore grid 4. Quality Clarence panel 5. Hawkesbury square mesh panel 6. Diamond BRD

Hunter River

1. Square mesh panel 2. Blubber chute (100mm mesh) 3. Nordmore grid 4. Quality Clarence panel 5. Diamond BRD

Clarence River

1. Square mesh panel 2. Blubber chute (100mm mesh)

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Estuary BRD Clarence River 3. Modified Nordmore grid

4. Quality Clarence panel 5. Diamond BRD

Square mesh codends The NSW Minister for Primary Industries has approved the mandatory introduction of square-mesh codends in commercial prawn-catching gears. New gear specifications and design rules for square mesh codends to be fitted in prawn-catching gear in the Estuary Prawn Trawl, Estuary General and Ocean Trawl fisheries are being developed in association with NSW DPI scientists and Industry representatives following an extensive research program (refer to Results of any research completed relevant to the fishery in section 4 of this submission), with the aim to reduce bycatch, improve the selectivity of prawn gear and enable industry to continue to achieve good catches of the target species. Estuary prawn trawl nets are to be fitted with a square-mesh codend as per the specifications listed in Table 6. Table 6: Specifications for square mesh codends in EPTF Component Component Otter trawl net (prawns)

Material Single twine knotless polyamide (nylon) or polyethylene not more than 2.5 mm in diameter

Mesh size / orientation 27-40 mm square mesh Circumference Not greater than 3.2 m

Codend

Length 1-3 m Body Mesh size 40-60 mm New provisions for a frill (or skirt) to accommodate the introduction of square-mesh codends will also be introduced. The three options are:

a) a frill of 40 mm to 50 mm diamond-shaped mesh up to 15 meshes deep to be sewn into the codend within the last 3 bars of the codend, and for a drawstring to then be inserted in the codend also within the last 3 bars of the codend;

b) a frill of 40 mm to 50 mm diamond-shaped mesh (of the same or fewer meshes than the number of bars in the circumference of the codend), and for a drawstring to then be inserted in the frill within 3 meshes of where the frill is attached to the codend; or

c) a draw or closing string may be inserted directly into the codend without a frill or panel of diamond shaped mesh.

Fishing area

Estuarine waters are defined under the Fisheries Management Act 1994 as waters other than ocean waters that are ordinarily subject to tidal influence. Where an estuary meets ocean waters, estuarine waters are those that are west of, or upstream of, a line drawn across the entrance between the eastern most high water mark of the two banks to a line identified as the tidal limit. See Section 3b(iv) (Area of the fishery) (pp 23 - 25) of the EPT FMS and B1(c) (Extent of the fishery) (pp B22 – B23) and B3(a) (Existing area of operation) (pp B25 – B26) of the EIS. The number of estuaries in which the EPTF operates has been reduced since the previous environmental assessment as a result of the establishment of a recreational fishing haven in Botany Bay in May 2002 and, the closure of Port Jackson to commercial fishing in February 2006. A total ban has been placed on commercial fishing in all waters of Port Jackson and its tributaries as a precautionary measure due to elevated levels of dioxin in a number of species of fish and crustaceans in the estuary.

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Clause 4 and Schedule 1 of the Fisheries Management (Estuary Prawn Trawl Share Management Plan) Regulation 2006 prescribes the estuarine waters where trawling is now permitted in NSW, namely the Clarence, Hunter and Hawkesbury Rivers (Figures 2 - 4). Spatial and temporal closures exist within these waters. Appendix 1 of this submission lists closures authorised under section 8 and section 11 of the Fisheries Management Act 1994 that are specific to the EPTF. In addition, approximately 50% of the area of each estuary of the EPTF is permanently closed to the fishery. These closed areas are mostly located in the less marine dominated upper reaches of these estuaries with the exception of the Hawkesbury River which has substantial closures on its lower reaches. Refer to Figure 7 (page 121), Figure 8 (page 126) and Figure 9 (page 131) of the EPT FMS. Schedule 2 of the Fisheries Management (Estuary Prawn Trawl Share Management Plan) Regulation 2006 and the Fisheries Management (Supporting Plan) Regulation 2006 outlines further waters closed permanently to all commercial fishing or class of commercial fishing including the EPTF. Further details of fishing closures relevant to the EPTF can be found on the NSW DPI website at www.dpi.nsw.gov.au/fisheries/closures

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Figure 2: Location of the Clarence River Estuary Prawn Trawl Fishery

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Figure 3: Location of the Hunter River Estuary Prawn Trawl Fishery

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Figure 4: Location of the Hawkesbury River Estuary Prawn Trawl Fishery

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Number of fishers

As at April 2008 there were 185 fishing business owners in the EPTF, with 160 fishers endorsed to operate in the EPTF. This figure has reduced from 219 fishing businesses with estuary prawn trawl entitlements (in September 2002) as reported in the EPTFMS. Access to the fishery is limited to shareholders in the fishery and/or their nominated fishers who hold a fishing licence with the appropriate endorsements. There are 3 types of endorsement available in the fishery, as follows:

Clarence River endorsement

A Clarence River endorsement authorises the holder to take fish using an otter trawl net (prawns) from the waters of the Clarence River including Lake Wooloweyah.

Hunter River endorsement

A Hunter River endorsement authorises the holder to take fish using an otter trawl net (prawns) from the waters of the Hunter River.

Hawkesbury River endorsement

A Hawkesbury River endorsement authorises the holder to take fish using an otter trawl net (prawns) from the waters of the Hawkesbury River. The number of shareholders and endorsed fishers in each estuary of the EPTF is shown in Table 7.

Table 7: No. of shareholders in each estuary of the EPTF as of April 2008. () indicate number of endorsed fishers

Clarence River Hunter River Hawkesbury River 104 (99) 28 (28) 57 (54)

Allocation between sectors

• See Section 3e (Interactions with other designated fisheries) (pp 37 – 38) of the EPT FMS, Section B6(a) (Interaction with other fisheries) (pp B54 – B56) and Section B6(d) (Stakeholders) (B63 – B67) of the EIS

• See Appendix 3 of this submission for landings of EPTF target and byproduct species by other NSW commercial fisheries

• Where available, estimated catches from the National Recreational and Indigenous Fishing Survey2 for EPTF target and byproduct species are provided in Appendix 3.

Governing legislation

The FM Act seeks to achieve ecologically sustainable development for the fisheries of NSW through the achievement of its stated objectives, which are:

(1) To conserve, develop and share the fishery resources of the State for the benefit of present and future generations.

(2) In particular the objects of the Act include:

a. to conserve fish stocks and key fish habitats, and b. to conserve threatened species, populations and ecological communities of fish and

marine vegetation, and

2 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.

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c. to promote ecological sustainable development, including the conservation of biological diversity,

and, consistently with those objects

d. to promote viable commercial fishing and aquaculture industries, e. to promote quality recreational fishing opportunities, and f. to appropriately share fisheries resources between the users of those resources, and g. to provide social and economic benefits for the wider community of New South Wales.

Other relevant legal instruments include:

• Fisheries Management (General) Regulation 2002

• Fisheries Management (Supporting Plan) Regulation 2006

• Fisheries Management (Estuary Prawn Trawl Share Management Plan) 2006. Status of export approval under the EPBC Act

The EPTF was declared an approved Wildlife Trade Operation (WTO) under the EBPC Act in December 2003 and was valid until 30 November 2006. Upon expiry of the WTO for the EPTF, the Estuary Prawn Trawl Management Advisory Committee (EPTMAC) advised that no product caught in the fishery was being exported and therefore a further export approval was not required at that time.

The Clarence River Professional Fishermen’s Association applied for export approval for product harvested from the Clarence River EPTF in August 2007 and an exceptional circumstances permit was granted for the export of product from this component of the EPTF in September 2007. The permit was valid until 20 March 2008.

3. Management Changes to management arrangements

Management arrangements have progressed since the EPTF was first assessed under the EPBC Act with the implementation of management actions in the EPTFMS and the commencement of category 1 share management arrangements. Implementation of management actions in the Fishery Management Strategy (FMS) The report: Fishery Management Strategies Performance Report 20043 presents information on the implementation of the management actions outlined in the EG FMS up to June 2004.

Refer to Appendix 4 of this submission for a progress statement on the implementation of management actions in the EPT FMS for the period June 2004 to June 2007. Commencement of share management This involved the implementation of the Estuary Prawn Trawl Share Management Plan, the Supporting Plan, encompassing rules that apply to multiple commercial fisheries, and a range of changes to the Fisheries Management Act 1994 and Fisheries Management (General) Regulation 2002 to complement the introduction of share management. The Share Management Plan and associated regulatory amendments took effect on 5 February 2007 and were explained in a document, referred to DEWHA, titled ‘Information Paper: New commercial fishery licensing and management arrangements commencing on 5 February 2007’4.

3 Available at www.fisheries.nsw.gov.au/commercial/management-strategies 4 Available at www.fisheries.nsw.gov.au/_data/assets/pdf_file/0015/106512/information-paper.pdf

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Access to the fishery is limited to shareholders in the fishery and/or their nominated fishers who hold a fishing licence with the appropriate endorsements. The Share Management Plan stipulates the minimum number of shares that a shareholder must hold to be eligible for an endorsement in the EPTF. For relevant licensing arrangements, see Section 4 (Management Controls and Administration) (pp 39 – 46) of the EPT FMS noting that significant reforms to the commercial fisheries licensing arrangements occurred in February 2007 as described in the publicly available Information Paper issued at that time. Performance of the fishery against objectives, performance indicators and trigger points

The report: Fishery Management Strategies Performance Report 20045 summarises the performance of the EPTF in NSW based on data for the 2002/03 financial year. Refer to Appendix 5 of this submission for a statement of the performance of the EPTF against its performance indicators and trigger points contained in the EPT FMS based on data for the period 2003/04, 2004/05 and 2005/06. Compliance Risks

• See Section 5 (Compliance) (pp 46 - 48) of the EPT FMS.

• Illegal harvesting and black marketing in NSW was assessed in ‘Report on Illegal Fishing for Commercial Gain or Profit in NSW5. The report documented, among other things, that black marketing of prawns was identified, by people closely associated with the industry, as being a significant and entrenched problem with estimates of up to 60% of the catch being sold outside the legal marketing framework. Under-reporting of catch figures by commercial fishers was also raised as an issue. The NSW Government is progressively developing and implementing actions in response to this report.

• Compliance services relating to the EPTF are provided to achieve a high level of compliance in the fishery. As part of the process of developing and implementing compliance operational plans relating to the EPTF, Annual District Compliance Plans were developed by identifying compliance issues in a fisheries district level (drawing from the FMS) and set out how the resources 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.

• As part of monitoring compliance operational plans relating to fisheries in NSW, Annual District Compliance Planning models (including the overarching State-wide Compliance Plan) are currently under review and redevelopment. The aim of the review is to align the plans with the Australian National Fisheries Compliance Strategy (AFNCS) which, through the direction of the National Fisheries Compliance Committee (NFCC), seeks to provide guidance to all Australian fisheries jurisdictions in achieving the objectives of the National Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.

• As part of this process of continuous improvement, NSW DPI (Fisheries Compliance Unit) is currently developing refined compliance risk identification and assessment processes based on standardised risk assessment methodologies to better plan objective compliance services. 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

5 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

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well as allowing for longer term strategic responses to issues such as organised criminal involvement in fisheries.

• Rate of compliance in the EPTF since the fishery was first assessed are as follows:

2003/04 88%

2004/05 93%

2005/06 91%

2006/07 97% The rate of compliance is calculated using information from quality inspections reflected on the program activity reports (PARs) that are completed by NSW DPI Fisheries Officers when undertaking inspections of fishers and fishing gear in the EPTF.

Consultation processes

• Section 284 of the Act identifies the type of items for which NSW DPI is required to consult with the public and the public consultation procedure.

• See Section 7 (Consultation) (pp 54 – 57) of the EPT FMS.

Note: Changes have been made to Ministerial Advisory Councils since the publication of the EPT FMS in 2003. Two Ministerial Advisory Councils are currently established under the Fisheries Management Act 1994. The Councils provide advice on matters referred to them by the Minister for Primary Industries, or on any other matters the Councils consider relevant. The wild harvest fishery related Ministerial advisory councils, in place at May, 2008 are the Seafood Industry Advisory Council (SIAC) and the Advisory Council on Recreational Fishing (ACoRF). The EPTF and each of the other major share management fisheries have representatives on the SIAC. The representatives are nominated by each of the respective management advisory committees and appointed by the Minister for Primary Industries. The name and composition of Ministerial advisory councils are determined by regulations under the Fisheries Management Act 1994 and may be altered from time to time. Cross jurisdictional management arrangements

NSW DPI continues to work with the Commonwealth and Queensland Department of Primary Industries and Fisheries (QDPI&F) to develop complementary arrangements for shared resources. For example:

• Commonwealth and QDPI&F scientific representatives attended the NSW DPI Resource Assessment Workshop held in April 2008, 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;

• Researchers from NSW DPI and the QDPI&F continue to work jointly on research projects (refer to Research and Monitoring below) relevant to the EPTF.

• NSW DPI provides data for assessments by Commonwealth Resource Assessment Groups for species which occur off NSW;

• Senior fisheries staff from NSW DPI and QDPI&F met in Coffs Harbour on 1 – 2 March 2007 to discuss a range of cross-border management and research issues and continue to liaise on an informal basis in relation to contemporary management issues.

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Compliance with TAPs, recovery plans, etc and also relevant domestic and international arrangements None of direct influence in the EPTF.

4. Research and monitoring Results of any research completed relevant to the fishery

A strategic plan for primary industry research in NSW is available: NSW Department of Primary Industries Science and Research Strategy 2005-086. Appendix 6 provides references to scientific outputs relevant to the EPTF. Scientific outputs and a list of current projects (and their summaries) undertaken by the NSW DPI Systems Research, Wild Fisheries Unit, can be found on the NSW DPI website www.dpi.nsw.gov.au/research/areas/systems-research/wild-fisheries A summary of key outcomes of completed research relevant to the EPTF is provided below. • Ives, M.C., Scandol, J.P., Montgomery, S.S., and Suthers, I.M. (in press) Modelling a

multiple-fleet prawn fishery influenced by variability in river discharge.

A size-based metapopulation model was developed that incorporated the dynamics of the Clarence River school prawn population in three habitats being harvested by three fishing methods. The study found that river discharge is a key driver of ocean and estuary prawn catches. The study concluded that the population does not appear to be over-exploited and that none of the alternative management strategies tested performed better than the current spatio-temporal closures even under a wide range of river discharge scenarios.

• Scandol, J., Rowling, K. and Graham, K., Eds (2008) Status of Fisheries Resources in

NSW 2006/07, NSW Department of Primary Industries, Cronulla, 334 pp

The “Status of Fisheries Resources in NSW 2006/07” is a general overview of the state of fish populations status and a summary of the state of knowledge of all 92 key species harvested by the Estuary General, Estuary Prawn Trawl, Ocean Hauling, Ocean Trawl and Ocean Trap and Line Fisheries.

• Montgomery, S.S., Courtney, A.J., Blount, C., Stewart, J., Die, D.J., Cosgrove, M. and

O'Neill, M.F., 2007. Patterns in the distribution and abundance of female eastern king prawns, Melicertus plebejus (Hess, 1865), capable of spawning and reproductive potential in waters off eastern Australia. Fisheries Research, 88: 80 – 87.

A joint study with the Queensland Department of Primary Industries and funded by the Fisheries Research and Development Corporation to define the spawning stock of the eastern king prawn population. Results from this study showed that female eastern king prawns capable of spawning were distributed throughout the year from Port Stephens (NSW) to Swains Reef (QLD) and that relative abundance and egg production were greater in higher than in lower latitudes.

• Nottage, J.D., West, R.J., Montgomery, S.S. and Graham, K. 2007. Cephalopod diversity

in commercial fisheries landings of New South Wales, Australia. Reviews in Fish Biology & Fisheries 17: 271–281.

6 Available at http://www.dpi.nsw.gov.au/aboutus/resources/corporate-publications/pi-sr-strategy-2005-08

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A one year study, done by the University of Wollongong, to collect quantitative information about the species and size composition of cephalopods in the landings of commercial fisheries in NSW. This is the first study to quantitatively document cephalopod diversity in the landings of commercial fisheries in NSW and was viewed as pilot work to scope the variability in species numbers that might be encountered in any future full scale studies of individual cephalopod species. A total of 21 cephalopod taxa were observed in randomly selected samples from the three major regions of landings. Few species made up the bulk of the landings in each market category, but several species constituted the remaining proportions.

• Underwood, A.J., 2007. Assessment and management of potential impacts of prawn

trawling on estuarine assemblages. Final Report to the Fisheries Research and Development Corporation. Project No. 2000/176. Centre for Research on Ecological Impacts of Coastal Cities, University of Sydney, Australia, 75pp. ISBN 0-9775959-0-0

The aim of this study was to determine ecological impacts caused trawling for prawns in the Clarence River, NSW, on invertebrate, benthic fauna. The study concluded that current practices of prawn trawling in the Clarence River are not causing detectable effects on diversity and ecology of organisms living in sediments in trawled areas.

• Broadhurst, M.K., Macbeth, W.G. and Wooden, M.E.L., 2005. Reducing the discarding of

small prawns in NSW's commercial and recreational prawn fisheries. Final Report to the Fisheries Research & Development Corporation. Project No. 2001/031. NSW Department of Primary Industries - Fisheries Final Report Series No. 71. 202pp. ISSN 1449-9967. This study investigated fishing practices that improve size and selectivity and reduce bycatch and discarding of small school and king prawns in NSW’s commercial (otter trawl, seines, stow (set pocket) and trap (prawn running)) nets and recreational fisheries. The study recommended changes to the majority of prawn catching gear, in particular, the use of square-mesh codends made from between 27 and 29 mm knotless mesh in most commercial trawls, seines and stow nets.

The NSW Minister for Primary Industries has since approved the mandatory introduction of square-mesh codends in the majority of NSW commercial prawn-catching gears. NSW DPI has developed detailed gear specifications and design rules, in association with NSW DPI scientists and Industry representatives, which are planned to be introduced in 2008.

• Henry, G.W. and Lyle, J.M., 2003. The National Recreational and Indigenous Fishing

Survey. Final Report to the Fisheries Research & Development Corporation and the Fisheries Action Program. Project No. 1999/158. NSW Fisheries Final Report Series No. 48. ISSN 1440-3544. 188pp.

Specific results for individual species are provided in Appendix 3.

• Broadhurst, M.K., Barker, D.T., Paterson, B.D. and Kennelly, S.J., 2002. Fate of juvenile school prawns, Metapenaeus macleayi, after simulated capture and escape from trawls. Marine and Freshwater Research. 53: 1189-1196.

Laboratory experiments were done to examine the stress, physical damage and mortality of juvenile school prawns after simulated capture and escape from trawls. The research concluded that the multiple contact and escape of juvenile school prawns from trawls had minimal effect on their overall condition and that minimum mesh sizes in prawn trawls are an appropriate management tool for this species.

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Monitoring programs

See section 6c (Catch monitoring) (pp 53 – 54) of the EPT FMS. The NSW DPI fishery monitoring program includes stock assessment work on the key commercial species; use of scientific observers to record information on catches of target species and by-catch; collection of catch and effort data; and port monitoring of landed fish products (e.g. collecting data on fish length and age). Scientific observer program The FMSs for all the major commercial fisheries (excluding lobster and abalone) require the implementation of a scientific observer program. The program has been implemented on a cross–fishery basis based on a framework that identifies the highest priority methods for observation based on a number of measures and to ensure that resources are directed towards the methods that pose the greatest risks7. Ocean line fishing methods have been identified as the current highest priority and a three year scientific observer program for this method commenced on 1 September 2007. Collection of catch and effort data See section 6c (Catch monitoring) (pp 50 – 51) of the FMS. A major project is being progressed to develop a new catch information management system and related processes which would, among other things:

• introduce and cater for finer scale spatial and temporal reporting;

• improve NSW DPI’S ability to interrogate, analyse and report on high quality data; and

• improve the Department’s ability to plan research, compliance and management activities (including enhancing cross-jurisdictional cooperation).

As part of this project, an extensive review and analysis was done to identify national standards and best practice for commercial fishing catch and effort information and Departmental and other stakeholder requirements. The public consultation document ‘Catch Records Reform Project: Business Requirements Specification Revised Reporting Arrangements’, previously referred to DEWHA (in May 2008) provides the background and proposed new catch reporting arrangements for NSW. In summary, the key changes include:

• forms to be submitted by fishing business owners, not licence holders;

• single form for all fisheries (except for quota managed fisheries) with daily, event based, reporting of catch and effort – submitted monthly;

• new grid based reporting system based on the “C-squares” CSIRO model, which provides a simple standardised method of recording spatial information. Consistent with Queensland reporting arrangements, this relies on reporting grids of 0.1 x 0.1 degrees of latitude and longitude;

• new species code list identifying catch consistent with the Australian Standard for Fish Names; and

• better species identification. The final project specifications and timing are dependent partly on broader reforms relating to industry structure and funding priorities.

7 Scandol, J. 2005. A prioritisation model for the NSW observer program. Cronulla NSW DPI.

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Port monitoring Involves the collection of length (and age samples where relevant) of a set of commercially targeted species. The species are determined based upon risks assessments (as part of the EIS) and socio-economic values8. For the 2005/06 period the following species were subject of the port monitoring project: sea mullet, yellowfin bream, snapper, yellowtail scad, yellowtail kingfish, mud crabs, bonito, Australian salmon, pilchards, sand flathead, teraglin, red mullet, rubberlip morwong, silver sweep, Balmain bugs, pipis and flounders. This list is reviewed at the end of each fiscal year period.

5. Catch data

Total catch and value of the EPTF

Table 8: Weight (kg) of reported landings for the EPTF# Year Hawkesbury Hunter Clarence Grand Total 2002/03 111,068 29,897 211631 352,596 2003/04 120,159 43,566 278740.1 442,465 2004/05 146,036 43,505 211253.9 400,794 2005/06 121,707 26,223 294613 442,543 2006/07 116,620 21,100 384696 522,416 # Reported gross landings as at 16 April 2008. Data is subject to ongoing validation.

Table 9: Value ($) of reported landings for the EPTF##

Year Hawkesbury Hunter Clarence Grand Total 2002/03 $813,594 $339,557 $2,110,639 $3,263,789 2003/04 $690,481 $337,947 $2,031,725 $3,060,152 2004/05 $682,299 $234,997 $1,170,610 $2,087,906 2005/06 $718,485 $193,271 $2,116,742 $3,028,499 2006/07 $755,891 $172,477 $2,976,948 $3,905,316 ## Estimated value based on SFM monthly prices.

Total catch of target and byproduct species taken in the EPTF

• Refer to Appendix 3 of this submission.

• Scandol, J., Rowling, K. and Graham, K., Eds (2008) Status of Fisheries Resources in NSW 2006/07, NSW Department of Primary Industries, Cronulla, 334 pp.

Total catch of target and byproduct species taken in other NSW fisheries

• Refer to Appendix 3 of this submission.

• Scandol, J., Rowling, K. and Graham, K., Eds (2008) Status of Fisheries Resources in NSW 2006/07, NSW Department of Primary Industries, Cronulla, 334 pp.

Harvest by each sector (commercial, recreational, Indigenous and illegal)

• Refer to Appendix 3 of this submission for harvest information by the commercial and recreational sectors. No estimate available for the Indigenous sector. Refer to Chapter B Section 6d(iii) (Stakeholders: Indigenous people) (pg B64) and Chapter H Section 6 (Indigenous Issues) (pp H378 – H381) of the EIS.

• No estimate available for illegal catch.

8 Resource Assessment and Monitoring of Commercially Harvested Species (FSC2003/123)

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Fishing effort data

• Refer to Appendix 3 of this submission.

• Scandol, J., Rowling, K. and Graham, K., Eds (2008) Status of Fisheries Resources in NSW 2006/07, NSW Department of Primary Industries, Cronulla, 334 pp.

6. Status of target stock

NSW DPI has developed and implemented a Resource Assessment Framework for the assessment of marine fish species harvested in NSW9. The framework is a well-defined, accessible program for the resource assessment of marine fish species harvested in NSW. The type of assessment carried out for each species (or species complex) is categorised into five classes of resource assessment (Table 10) and takes into account commitments made in the relevant FMS, levels of risk identified in the environmental impact statements, the commercial and recreational importance of the species, and the species biology. Table 10: Summary of attributes of the various resource assessment classes for

species (or species complex) harvested in NSW10 Resource Assessment Class

Attribute One Two Three Four Five

Biomass estimate •

Estimate of fishing mortality •

Quantitative risk analysis of future harvesting •

Standard fisheries biological reference points •

Credible indicator of abundance • •

Representative time-series of commercial catch • • • •

Age structured data (where possible) • •

Local information for growth, mortality, selectivity and maturity • • •

Length-structured data • • •

Non-local information for growth, mortality, selectivity and maturity • • •

Externally reviewed or publishable • • • • •

The framework also incorporates a standardised method of reporting on the exploitation status of fish stocks across all commercial fisheries including an annual review and interpretation of available data by fisheries scientists. Catch from all sectors (including estimates from recreational and, where available, illegal sectors) are taken into consideration when determining the status of a species.

9 Scandol, J.P. 2004. A Framework for the Assessment of Harvested Fish Resources in NSW. NSW Department of Primary Industries – Fisheries Resource Assessment Series No. 15, ISSN 1449- 9940. 10 Scandol, J.P. 2004. A Framework for the Assessment of Harvested Fish Resources in NSW. NSW Department of Primary Industries – Fisheries Resource Assessment Series No. 15, ISSN 1449- 9940.

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The resource assessment class and exploitation status for each target and byproduct species in the EPTF for 2005/06 is shown in Table 11 below.

Table 11: Resource Assessment Class and Exploitation Status of Target and Byproduct Species in the EPTF for 2005/06

Resource Assessment Class Target Species

Target Current Exploitation Status

School prawn 2 2 Growth overfished

Eastern king prawn 2 2 Growth overfished Estuarine squid (broad, slender, bottle, bubble and candy-striped)

2 3 Fully fished

Resource Assessment Class Byproduct Species

Target Current Exploitation Status

Greasyback prawn 3 4 Undefined

Tiger prawn 3 4 Undefined

Trumpeter whiting 2 3 Undefined

Flounders 3 4 Undefined

Black sole 3 4 Undefined

Silver biddy 3 4 Moderately fished

Striped trumpeter 3 4 Undefined

Whitebait spp. 3 4 Undefined Catfish (Fork-tailed, Estuary and Striped) 3 4 Undefined

Bullseyes 4 4 Undefined

Hairtail 3 4 Undefined

Yellowtail scad 2 2 Fully fished

Blue swimmer crab 2 2 Fully fished

Mud crab 2 4 Undefined

Octopus spp. 2 4 Undefined

Mantis shrimp 4 4 Undefined

Arrow squid 2 3 Fully fished (Source: NSW DPI Resource Assessment System) An overview of the status and a summary of the state of knowledge of all 92 key species taken by the Estuary General, Estuary Prawn Trawl, Ocean Hauling, Ocean Trawl and

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Ocean Trap and Line Fisheries is provided in the recently released report “Status of Fisheries Resources in NSW 2006/07”11.

7. Interaction with threatened or protected species Frequency and nature of interactions

Chapter F Section 2 (Threatened and Protected Species) (pp F292 - F311) of the EPT EIS identifies threatened and protected species (under the NSW Fisheries Management Act 1994, Threatened Species Conservation Act 1995 and the Commonwealth EPBC Act 1999) that may interact with the EPTF, and, potential direct and indirect impacts. The EIS found that the fishery could significantly impact upon green sawfish, if it were found in trawled estuaries. It was noted that this species has not been recorded in NSW over the last 30 years. For other threatened species listed in the EIS, there is little or no data implicating the EPTF in having an adverse impact on any of these species or their presently known habitats, or in accentuating other circumstances that may be causing an adverse impact on them. The EIS suggests that the existing closures in the trawled estuaries probably protect many areas of threatened species habitat. Mandatory reporting of threatened species interactions was implemented for the EPTF in 2005. No reports of threatened species interactions have been reported by endorsement holders in the EPTF pursuant to the reporting requirements. Management actions taken to reduce interactions and results of such action

Table 12: Management responses in the EPT FMS relating to the management of potential impacts of the EPTF on threatened species* (as identified in Table F7 (pg F-307) of the EPT EIS)

Potential Impacts Management Response Status / Progress 1.1(a), (b) and (g) Current and ongoing 1.1(e) and (f) Implemented 1.3(a) Implemented 1.3(c) and (f) Current and ongoing 2.1(a) Part of the resource assessment process 2.3(a) Current and ongoing 3.1(a) Implemented 3.1(b) and (d) As required 3.1(c) Current and ongoing 4.1(a) Part of the resource assessment process 6.4(a) Current and ongoing

Direct capture of threatened species

1.1(a), (b), (e), (f), and (g) 1.3(a), (c), and (f) 2.1(a) 2.3(a) 3.1(a), (b), (c) and (d) 4.1(a) 6.4(a) 8.1(a) and (b)

8.1(a) Implemented on a cross-fishery basis. Observation of commercial fishing methods are subject to a prioritisation framework. 8.1(b) Commenced 1.1(f) Implemented 1.1(g) Current and ongoing 1.2(a) Commenced 1.2(b) Pending finalisation of mapping project 1.2(c) and (d) Current and ongoing 1.3(b) Ongoing 1.3(e) As required 2.3(a) Current and ongoing 2.5(b), (c) and (d) Current and ongoing 3.1(b) As required

Habitat modifications 1.1(f) and (g) 1.2(a), (b), (c), (d), 1.3(b) and (e) 2.3(a) 2.5(b), (c), and (d) 3.1(b) 6.4(a) 7.2(a) 8.1(a)

6.4(a) Current and ongoing

11 Available at http://www.dpi.nsw.gov.au/__data/assets/pdf_file/0008/221012/Status-Of-Fisheries-Resources-In-NSW-2006-07.pdf

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Potential Impacts Management Response Status / Progress 1.1(g) Current and ongoing 1.2(a) Commenced 1.2(e) Complete 1.3(c) and (f) Current and ongoing 2.3(a) Current and ongoing 2.5(a) and (b) Current and ongoing 3.1(b) As required 6.4(a) Current and ongoing

Disturbance 1.1(g) 1.2(a) and (e) 1.3(c) and (f) 2.3(a) 2.5(a) and (b) 3.1(b) 6.4(a) 8.1(a)

8.1(a) Implemented on a cross-fishery basis. Observation of commercial fishing methods are subject to a prioritisation framework. 1.1(a) and (b) Current and ongoing 1.3(b) Ongoing 1.3(c) and (f) Current and ongoing 1.3(d) Research projects ‘Developing fishery-independent surveys for the adaptive management of NSW's estuarine fisheries’ and ‘Integrating fishery-independent and -dependent data for improved sustainability of fisheries resources and other aspects of biodiversity’ will assist implementation of this management response. The latter project involves use of an experimental approach to test the relative value of different sources of data for the assessment and management of estuarine fisheries resources and biodiversity in NSW. 1.3(e) As required 2.1(a) Part of the resource assessment process 2.5(a) and (b) Current and ongoing 3.1(b) As required

Trophic effects 1.1(a) and (b) 1.3(b), (c), (d), (e) and (f) 2.1(a) 2.3(a) 2.5(a) and (b) 3.1(b) 6.4(a)

6.4(a) Current and ongoing *For further detail relating to management responses and their implementation refer to the Estuary Prawn Trawl Fishery Management Strategy, the Fishery Management Strategies Performance Report 2004 and Appendix 4 of this submission.

8. Impacts of the fishery on the ecosystem in which it operates Results of any Ecological Risk Assessments

There are a range of sections within the EPT EIS which examined the ecological risk of the fishery including Chapter E (Impact on the Fish Resources) (pp E225 – E271); Chapter F (Impact on the Biophysical Environment) (pp F273 – F359). Refer also to the recent assessment of the impact of prawn trawling on estuarine assemblages in the Clarence River (Underwood, 2007)12. This assessment concluded that current practices of prawn trawling in the Clarence River are not causing detectable effects on diversity and ecology of organisms living in sediments in trawled areas. Nature of the impacts on the ecosystem including impacts on any key conservation values

Estuarine trawling in NSW is restricted to certain areas, certain seasons and certain times of day within three estuaries. Chapter F Section 1 of the EPT EIS (Biodiversity and Habitat Issues (pp F-273 to F-291) identified potential effects of the fishery on various habitat types.

12 Underwood, A.J., 2007. Assessment and management of potential impacts of prawn trawling on estuarine assemblages. Final Report to the Fisheries Research and Development Corporation. Project No. 2000/176. Centre for Research on Ecological Impacts of Coastal Cities, University of Sydney, Australia, 75pp. ISBN 0-9775959-0-0

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The assessment of the impact of prawn trawling on estuarine assemblages in the Clarence River (Underwood, 2007)13 also identifies the nature and magnitude of impacts. Management actions taken to reduce the impacts

A number of management actions have been implemented as part of the EPT FMS which constrain the impact of the fishery on the ecosystem (refer to Table F4 in Chapter F Section 1 of the EPT EIS (Biodiversity and Habitat Issues) (pp F-288)), including removing the impact of the fishery on seagrass, contributing to conserve the biodiversity of mangrove, saltmarsh, rocky and migratory bird habitat. Implementation status of these management actions is included in Appendix 4 of this submission.

9. Consolidated detailed information outlining progress in implementing recommendation and conditions

Refer to Appendix 7 of this submission.

13 Underwood, A.J., 2007. Assessment and management of potential impacts of prawn trawling on estuarine assemblages. Final Report to the Fisheries Research and Development Corporation. Project No. 2000/176. Centre for Research on Ecological Impacts of Coastal Cities, University of Sydney, Australia, 75pp. ISBN 0-9775959-0-0

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Appendix 1: Closures authorised under Section 8 or Section 11 of the Fisheries Management Act 1994 relevant to the EPTF The table below outlines closures that affect the EPTF. Further details can be found on the NSW DPI website www.dpi.nsw.gov.au/fisheries/closures

Closure Title General Description

Clarence River, its lakes, lagoons, inlets, channels, creeks and tributaries - County of Clarence

Use of various types of nets in described waters

Bouddi National Park Closed to all methods

Hawkesbury River, Brisbane Water and Pittwater and their tributaries

Use of various types of nets in described waters

Hunter River and Tributaries Use of various types of nets in described waters

‘First Point of Sale’ Prawn Counts, Incidental Catch Ratios and Closure to Commercial Prawning Nets – Clarence River

The purpose of the closure is to implement incidental catch ratios and maximum ‘point of sale’ prawn counts (management responses 1.3(a) and 2.1(d) of the EPT FMS).

Prawn Counts, Incidental Catch Ratios and Closure to Commercial Prawning Nets – Hawkesbury River

The purpose of the closure is to implement incidental catch ratios and maximum ‘point of sale’ prawn counts (management responses 1.3(a) and 2.1(d) of the EPT FMS).

Prawn Counts, Incidental Catch Ratios and Closure to Commercial Prawning Nets – Hunter River

The purpose of the closure is to implement incidental catch ratios and maximum ‘point of sale’ prawn counts (management responses 1.3(a) and 2.1(d) of the EPT FMS).

Prohibition on commercial fishing in Port Jackson Under this fishing closure all commercial fishing in Port Jackson and its tributaries is prohibited.

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Appendix 2: Bycatch reduction devices (BRDs) approved for use in the EPTF

Composite Square Mesh Panel by-catch reduction device (BRD) (for use in Clarence River, Hunter River & Hawkesbury River)

1.2m Bating Rates(Refer Note 4)

Drawstrings

Section A(Refer Note 2)

Section B(Refer Note 3)

Compulsory aspects; 1. Maximum distance from drawstring 1.2 metres as shown. 2. Section A:

a) 65mm mesh hung on the bar (ie; hung square) b) Minimum 60cm long and 30cm wide c) Maximum 4mm diameter twine

3. Section B: a) Panel surrounding Section A b) 40mm to 50mm mesh hung on the bar (ie; hung square) c) Maximum 4mm diameter twine

4. Bating Rates (recommended) a) The posterior edge of section A (nearest edge to the drawstring) must be attached to at

least 23 points. b) The anterior and posterior edges of section B (nearest edges to the drawstring) must

have 2 points attached to each bar. Diagram provided by QLD Department of Primary Industries & Fisheries

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Blubber Chute by-catch reduction device (BRD) (for use in Clarence River, Hunter River & Hawkesbury River)

Compulsory aspects: 1. The soft mesh BRD (blubber chute) sewn into the net must have a minimum mesh

size of 40mm. 2. The maximum mesh size is 100mm. (175mm permitted for Hawkesbury River only). 3. The minimum total length is 3m. 4. The escape cut must be a minimum of 450mm. 5. Meshes around escape cut must be sewn to codend. Diagram provided by QLD Department of Primary Industries & Fisheries

Net Escape Cut

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Nordmore Grid by-catch reduction device (BRD) (for use in Clarence River, Hunter River & Hawkesbury River)

Compulsory Aspects:1. The perimeter of the grid must be fully sewn onto the inside of the net. 2. Minimum aluminium grid dimension of 600mm x 400mm with a maximum spacing of 25mm

between the bars with grid positioned at an angle of 45 o or less. 3. The escape exit must be:

a) a triangle of not less than 20 bars per side(base 25 meshes across), or b) a single cut not less than 25 meshes across the top of the net immediately forward

of the uppermost edge of the grid. Note: “M” refers to meshes

400mm

600mm

The four floats help to stabilize the Grid, reduce chaffing of the lower meshes due to bottom contact and maintain the correct grid angle.

Chain Links

Seam

Frame 12mm dia Round Rod

Bars 10mm dia Round Rod Not greater than 25mm spacing between bars

Escape exit

(Refer Note 3)

Guiding Panel

Corner radius 100mm Recommended Aluminium

Grid Dimensions and Float Positions Side View

Assembled Nordmore Grid

Netting selvedged to 8mm rope

Guiding Panel Position 100mm floats here

Floats

Floats

Codend

50M Guiding Panel Section

10M Grid Section

12M Escape exit

15M

<45 o

Diagram provided by QLD Department of Primary Industries & Fisheries

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1.2m

Hawkesbury Square Mesh Panel by-catch reduction device (BRD) (for use in Hawkesbury River only)

Drawstrings

Compulsory aspects1. Maximum distance from drawstring 1.2m as shown. 2. 40mm mesh hung on the bar (ie; hung square) 3. Minimum size of panel 24 bars across by 28 bars long. 4. Bating rates apply to the top & bottom of the panel only (not the sides) 5. 40mm mesh - at least 2 points to each bar on the panel.

Bating Rates (Refer Notes 4 & 5)

Mesh Sizes (Refer Notes 2 & 3)

Diagram provided by QLD Department of Primary Industries & Fisheries

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Compulsory aspects; 1. Maximum distance from drawstring 1.2m as shown. 2. Minimum side length 15 bars.

NSW Diamond by-catch reduction device (BRD)

1.2 metres

15 Bars

Drawstrings

Diagram provided by QLD Department of Primary Industries & Fisheries

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Appendix 3: Catch Data Information for Estuary Prawn Trawl Target Species (Source: NSW DPI Resource Assessment System) School prawn (Metapenaeus macleayi)

97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07

020

040

060

080

012

00

Financial Year

Land

ings

(t)

EG EPT OPT

Figure 6: Landings of school prawn (Metapenaeus macleayi) from NSW commercial fisheries from 1997/98. *Fisheries which contribute less than 2.5% of the landings are excluded for clarity and privacy. Table 12: Landings (in tonnes) of school prawn (Metapenaeus macleayi) from NSW commercial fisheries since 1997/98.

Year EG EPT OPT 1997/98 391.93 430.23 55.831998/99 277.76 416.59 122.481999/00 359.41 532.66 141.452000/01 284.57 526.56 444.872001/02 249.22 270.77 26.662002/03 203.21 290.46 21.882003/04 165.69 380.94 85.572004/05 183.23 335.51 27.902005/06 137.85 386.05 52.132006/07 179.21 469.49 24.80

*Fisheries which contribute less than 1% of the landings are excluded for clarity.

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Financial Year

Land

ings

(t)

020

040

060

0Clarence River

1984/85 1992/93 2000/01

Financial Year

Land

ings

(t)

020

4060

80

Hunter River

1984/85 1992/93 2000/01

Financial Year

Land

ings

(t)

040

8012

0

Hawkesbury River

1984/85 1992/93 2000/01

Financial Year

Land

ings

(t)

01

23

4

Port Jackson

1984/85 1992/93 2000/01

Figure 7: Landings of school prawn (Metapenaeus macleayi) for the EPT estuaries from 1984/85 to 2006/07 (all methods). Table 13: Landings (in tonnes) of school prawn (Metapenaeus macleayi) for the EPT estuaries since 1997/98 (all methods).

Year Clarence River

Hunter River

Hawkesbury River

Port Jackson

1997/98 400.72 73.83 81.26 0.77 1998/99 406.77 42.85 42.11 0.29 1999/00 486.18 52.41 67.55 0.65 2000/01 362.13 77.14 124.18 2.96 2001/02 241.43 34.98 62.03 0.09 2002/03 218.26 29.53 53.33 0.26 2003/04 296.16 43.10 59.89 1.27 2004/05 232.36 43.40 81.91 2.69 2005/06 311.79 27.64 66.97 0.35 2006/07 430.72 20.42 65.65 0

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Financial Year

CP

UE

(kg/

day)

050

100

150

1984/85 1989/90 1994/95 1999/00 2004/05

median CPUEsumC/sumE90th percentile CPUE

Figure 8: Commercial catch rates of school prawn (Metapenaeus macleayi) harvested using estuarine prawn trawling for NSW. Two indicators are provided: (1) median catch rate (lower solid line); and (2) 90th percentile of the catch rate (upper dashed line). *Records with a zero catch rate (i.e. no catch recorded) are not included in these analyses. Recreational Fishery (Source: The National Recreational and Indigenous Fishing Survey14) Table 14: Estimated number and weight of Prawns (saltwater) that were kept by recreational fishers for each major type of water-body in NSW (April 2000 to March 2001).

Waterbody Estimated Total (000’s) Estimated Weight (tonnes) Estuarine 10483.3 104.8

*Catch weights are calculated assuming an average weight of 0.01 kg/fish Table 15: Estimated number and weight of Prawns (saltwater) that were kept by recreational fishers for each NSW region (April 2000 to March 2001).

Region Estimated Total (000’s) Estimated Weight (tonnes) North Coast 144.6 1.4 Mid North Coast 1354.3 13.5 Hunter 1265.6 12.7 Mid South Coast 7205.1 72.1 South Coast 513.6 5.1

*Catch weights are calculated assuming an average weight of 0.01 kg/fish

14 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.

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Eastern king prawn (Melicertus plebejus)

97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07

020

040

060

080

012

00

Financial Year

Land

ings

(t)

EG EPT OPT

Figure 9: Landings of eastern king prawn from NSW commercial fisheries from 1997/98. *Fisheries which contribute less than 2.5% of the landings are excluded for clarity and privacy. Table 16: Landings (in tonnes) of eastern king prawn from NSW commercial fisheries since 1997/98.

Year Estuary General Estuary Prawn Trawl Ocean Prawn Trawl 1997/98 50.26 18.88 747.75 1998/99 59.26 17.04 885.16 1999/00 53.74 22.86 921.63 2000/01 26.72 21.67 1153.50 2001/02 17.47 9.72 1126.18 2002/03 17.08 7.87 1055.89 2003/04 39.97 5.86 762.97 2004/05 19.24 7.59 578.79 2005/06 9.10 3.65 495.15 2006/07 37.94 2.28 373.87

*Fisheries which contribute less than 1% of the landings are excluded for clarity. Recreational Fishery (Source: The National Recreational and Indigenous Fishing Survey) Refer to Tables14 and 15 (under School prawn) above.

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Greentail (Greasyback) prawn (Metapenaeus bennettae)

97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07

010

2030

4050

60

Financial Year

Land

ings

(t)

EG EPT

Figure 10: Landings of greentail prawn (Metapenaeus bennettae) from NSW commercial fisheries from 1997/98. *Fisheries which contribute less than 2.5% of the landings are excluded for clarity and privacy. Table 17: Landings (in tonnes) of greentail prawn from NSW commercial fisheries since 1997/98.

Year Estuary General Estuary Prawn Trawl1997/98 59.34 1.591998/99 62.16 0.621999/00 30.78 1.752000/01 22.49 0.592001/02 22.83 0.322002/03 7.86 0.182003/04 16.48 0.072004/05 32.45 0.682005/06 30.85 1.072006/07 26.81 1.07

*Fisheries which contribute less than 1% of the landings are excluded for clarity. Recreational Fishery No recreational catch estimate available.

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Brown tiger prawn (Penaeus esculentus)

Financial Year

Land

ings

(t)

05

1015

1984/85 1989/90 1994/95 1999/00 2004/05

Figure 11: Landings (including available historical records) of brown tiger prawn for NSW from 1984/85 to 2006/07 for all commercial fishing methods.

97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07

05

1015

Financial Year

Land

ings

(t)

EG OPT

Figure 12: Landings of brown tiger prawn (Penaeus esculentus) from NSW commercial fisheries from 1997/98. *Fisheries, including the EPTF, which contribute less than 2.5% of the landings are excluded for clarity and privacy.

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Annual landings of brown tiger prawn in the EPTF have averaged less than 300 kilograms since 1997/98. More specific data can not be distributed outside the NSW DPI as some data points may contain information from five or fewer fishers. Recreational Fishery No recreational catch estimate available.

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Trumpeter whiting (Sillago maculata)

97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07

020

4060

Financial Year

Land

ings

(t)

EG EPT

Figure 13: Landings of trumpeter whiting from NSW commercial fisheries from 1997/98. *Fisheries which contribute less than 2.5% of the landings are excluded for clarity and privacy Table 19: Landings (in tonnes) of trumpeter whiting from NSW commercial fisheries since 1997/98.

Year Estuary General Estuary Prawn Trawl1997/98 37.60 15.051998/99 39.69 21.241999/00 46.68 29.572000/01 50.67 16.202001/02 33.72 9.822002/03 20.21 15.982003/04 27.14 11.892004/05 34.93 17.242005/06 21.71 16.032006/07 21.08 13.35

*Fisheries which contribute less than 1% of the landings are excluded for clarity. Recreational Fishery The annual recreational harvest of trumpeter whiting in NSW is likely to lie between 10 and 30 tonnes15. 15 Scandol, J., Rowling, K. and Graham, K., Eds (2008) Status of Fisheries Resources in NSW 2006/07, NSW Department of Primary Industries, Cronulla, 334 pp

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Flounders – Commercial landings data for flounders includes the following species: • Smalltooth flounder (Pseudorhombus jenynsii), • Largetooth flounder (Pseudorhombus arsius), • Slender flounder (Pseudorhombus tenuirastrum), • Longsnout flounder (Ammotretis rostratus), and • Greenback flounder (Rhombosolea tapirina)

97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07

010

2030

Financial Year

Land

ings

(t)

EG EPT FT OPT

Figure 14: Landings of flounders (Paralichthyidae and Pleuronectidae ) from NSW commercial fisheries from 1997/98. *Fisheries which contribute less than 2.5% of the landings are excluded for clarity and privacy Table 20: Landings (in tonnes) of flounders from NSW commercial fisheries since 1997/98.

Year EG EPT FT OPT 1997/98 1.12 1.56 11.17 19.25 1998/99 1.08 1.89 10.19 17.24 1999/00 1.42 2.04 8.58 20.60 2000/01 0.81 1.80 13.99 20.14 2001/02 1.35 1.80 9.81 18.23 2002/03 0.88 1.58 10.59 19.59 2003/04 0.41 1.40 13.12 17.12 2004/05 0.33 0.85 13.12 13.30 2005/06 0.44 0.66 11.83 11.14 2006/07 0.91 0.82 8.97 9.83

*Fisheries which contribute less than 1% of the landings are excluded for clarity.

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Recreational Fishery (Source: The National Recreational and Indigenous Fishing Survey) Table 21: Estimated number of Flatfish* that were kept and/or released by recreational fishers in NSW (April 2000 to March 2001).

Fate Estimated Total (000’s) Kept 99.9 Released 68.3

Table 22: Estimated number of Flatfish* that were kept by recreational fishers for each major type of water-body in NSW (April 2000 to March 2001).

Waterbody Estimated Total (000’s) Inshore 14.6 Estuarine 85.3

* Taxa that comprise the NRFS reporting group for flatfish include flounder, sole and flatfish.

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Soles - Commercial landings data for flounders includes the following species: • Manyband sole (Zebrias scalaris), • Black sole (Brachirus nigra), and • Lemon tongue sole (Paraplagusia bilineata)

Financial Year

Land

ings

(t)

010

2030

40

1991/92 1995/96 1999/00 2003/04

Figure 15: Landings (including available historical records) of flounders for NSW from 1969/70 to 2006/07 for all commercial fishing methods.

97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07

05

1015

Financial Year

Land

ings

(t)

EG FT OPT

Figure 16: Landings of soles (Soleidae and Cynoglossidae) from NSW commercial fisheries from 1997/98. *Fisheries, including the EPTF, which contribute less than 2.5% of the landings are excluded for clarity and privacy.

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Annual landings of sole in the EPTF have averaged less than 200 kilograms since 1997/98. More specific data can not be distributed outside the NSW DPI as some data points may contain information from five or fewer fishers. Recreational Fishery (Source: The National Recreational and Indigenous Fishing Survey) Refer to Tables 21 and 22 (under Flounders) above.

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Common silverbiddy (Gerres subfasciatus)

97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07

050

100

150

Financial Year

Land

ings

(t)

EG EPT FT

Figure 17: Landings of common silverbiddy from NSW commercial fisheries from 1997/98. *Fisheries which contribute less than 2.5% of the landings are excluded for clarity and privacy. Table 23: Landings (in tonnes) of common silverbiddy from NSW commercial fisheries since 1997/98.

Year Estuary General Estuary Prawn Trawl Fish Trawl 1997/98 179.28 4.27 4.63 1998/99 142.67 7.26 2.23 1999/00 125.85 7.30 1.09 2000/01 128.01 8.94 2.76 2001/02 83.13 5.71 4.05 2002/03 61.69 7.19 6.44 2003/04 96.41 9.02 4.92 2004/05 63.28 7.12 6.41 2005/06 62.28 8.61 3.37 2006/07 76.27 5.53 2.77

*Fisheries which contribute less than 1% of the landings are excluded for clarity. Recreational Fishery The annual recreational harvest of common silverbiddy in NSW is likely to be less than one tonne16. 16 Scandol, J., Rowling, K. and Graham, K., Eds (2008) Status of Fisheries Resources in NSW 2006/07, NSW Department of Primary Industries, Cronulla, 334 pp

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Striped trumpeter (Pelates quadrilineatus) - Commercial landings data for striped trumpeter is included in the reporting group ‘Striped Grunters’, which includes the following species: • Striped trumpeter [also known as fourline striped grunter] (Pelates quadrilineatus) • Crescent grunter [also known as crescent perch] (Terapon jarbua) • Largescale grunter [also known as banded grunter] (Terapon theraps) • Eastern striped grunter [also known as striped trumpeter] (Pelates sexlineatus)

97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07

01

23

45

6

Financial Year

Land

ings

(t)

EG EPT

Figure 18: Landings of striped grunters from NSW commercial fisheries from 1997/98. *Fisheries which contribute less than 2.5% of the landings are excluded for clarity and privacy. Table 24: Landings (in tonnes) of striped grunters from NSW commercial fisheries since 1997/98.

Year EG EPT 1997/98 3.71 0.051998/99 4.21 0.621999/00 3.95 1.092000/01 5.69 0.292001/02 3.51 0.622002/03 1.09 0.412003/04 3.16 0.172004/05 4.26 0.712005/06 2.73 02006/07 1.34 0

*Fisheries which contribute less than 1% of the landings are excluded for clarity.

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Recreational Fishery (Source: The National Recreational and Indigenous Fishing Survey) Table 25: Estimated number of Grunters/trumpeters that were kept and/or released by recreational fishers in NSW (April 2000 to March 2001).

Fate Estimated Total (000’s) Kept 4.6 Released 61.3

Table 26: Estimated number of Grunters/trumpeters that were kept by recreational fishers for each major type of water-body in NSW (April 2000 to March 2001).

Waterbody Estimated Total (000’s) Inshore 3.8 Estuarine 0.7

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Whitebait spp. (Family Clupeidae)

Financial Year

Land

ings

(t)

020

4060

8010

014

0

1984/85 1989/90 1994/95 1999/00 2004/05

Figure 19: Landings (including available historical records) of whitebait - sandy sprat for NSW from 1984/85 to 2006/07 for all commercial fishing methods.

97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07

020

4060

8010

0

Financial Year

Land

ings

(t)

EG OH

Figure 20: Landings of whitebait from NSW commercial fisheries from 1997/98. *Fisheries, including the EPTF, which contribute less than 2.5% of the landings are excluded for clarity and privacy.

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Landings of whitebait in the EPTF, taken predominantly in the Hawkesbury River component of the EPTF, have averaged approximately 18 tonnes annually since 1997/98. More specific data can not be distributed outside the NSW Department of Primary Industries as some data points may contain information from five or fewer fishers. Recreational Fishery No recreational catch estimate available.

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Catfish Commercial landings data for forktailed catfish is included in the broader reporting group ‘Catfish’, which includes the following species: • Blue catfish [also known as forktailed catfish] (Arius graeffei) • Estuary cobbler [also known as estuary catfish] (Cnidoglanis macrocephalus) • Striped catfish (Plotosus lineatus) • Longtail catfish (Euristhmus lepturus)

Financial Year

Land

ings

(t)

010

2030

40

1991/92 1995/96 1999/00 2003/04

Figure 21: Landings (including available historical records) of catfish for NSW from 1984/85 to 2006/07 for all commercial fishing methods.

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97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07

010

2030

Financial Year

Land

ings

(t)

EG

Figure 22: Landings of catfish from NSW commercial fisheries from 1997/98. *Fisheries, including the EPTF, which contribute less than 2.5% of the landings are excluded for clarity and/or privacy. Landings of catfish in the EPTF, taken predominantly in the Clarence River component of the EPTF, have averaged approximately 19 tonnes annually since 1997/98. More specific data can not be distributed outside the NSW Department of Primary Industries as some data points may contain information from five or fewer fishers. Recreational Fishery No recreational catch estimate available.

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Bullseyes Commercial landings data for bullseyes are included in the reporting group ‘Bigeyes’, which includes the following species: • Spotted bigeye [also known as red bullseye] (Priacanthus macracanthus) • Longfin bigeye (Cookeolus japonicus) • Lunartail bigeye (Priacanthus hamrur)

Financial Year

Land

ings

(t)

01

23

1999/00 2001/02 2003/04 2005/06

Figure 23: Landings (including available historical records) of bigeyes for NSW from 1990/91 to 2006/07 for all commercial fishing methods.

97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07

01

23

Financial Year

Land

ings

(t)

FT OH OPT

Figure 24: Landings of bigeyes (Priacanthidae ) from NSW commercial fisheries from 1997/98. *Fisheries, including the EPTF, which contribute less than 2.5% of the landings are excluded for clarity and/or privacy.

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Specific EPTF catch data for the reporting group ‘bigeyes’ can not be distributed outside the NSW Department of Primary Industries as data points may contain information from five or fewer fishers. Recreational Fishery No recreational catch estimate available.

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Hairtail (Trichiurus lepturus)

Financial Year

Land

ings

(t)

050

100

150

1989/90 1994/95 1999/00 2004/05

Figure 25: Landings (including available historical records) of hairtail for NSW from 1986/87 to 2006/07 for all commercial fishing methods. Landings of hairtail in the EPTF, previously taken predominantly in the Hunter River component of the EPTF, have averaged approximately 8 tonnes annually since 1997/98. More recently, landings of hairtail in the EPTF have reduced significantly as it is a prescribed byproduct species for the Hawkesbury River only. More specific data can not be distributed outside the NSW Department of Primary Industries as some data points may contain information from five or fewer fishers. Recreational Fishery No recreational catch estimate available.

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Yellowtail scad (Trachurus novaezelandiae)

Financial Year

Land

ings

(t)

010

020

030

040

050

0

1969/70 1979/80 1989/90 1999/00

Figure 26: Landings (including available historical records) of yellowtail scad for NSW from 1956/57 to 2006/07 for all commercial fishing methods. Landings of yellowtail scad in the EPTF, taken predominantly in the Hawkesbury River component of the EPTF, have averaged approximately 11 tonnes annually since 1997/98. More specific data can not be distributed outside the NSW Department of Primary Industries as some data points may contain information from five or fewer fishers. Recreational Fishery (Source: The National Recreational and Indigenous Fishing Survey) Table 27: Estimated number of Scads/mackerel that were kept and/or released by recreational fishers in NSW (April 2000 to March 2001).

Fate Estimated Total (000’s) Kept 218.2 Released 171.6

Table 28: Estimated number of Scads/mackerel that were kept by recreational fishers for each major type of water-body in NSW (April 2000 to March 2001).

Waterbody Estimated Total (000’s) Inshore 117.4 Estuarine 100.8

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Giant Mud Crab (Scylla serrata)

97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07

050

100

150

Financial Year

Land

ings

(t)

EG

Figure 27: Landings of giant mud crab from NSW commercial fisheries from 1997/98. *Fisheries, including the EPTF, which contribute less than 2.5% of the landings are excluded for clarity and/or privacy. Landings of mud crab in the EPTF, taken predominantly in the Clarence River component of the EPTF, have averaged approximately 27 tonnes annually since 1997/98. More specific data can not be distributed outside the NSW Department of Primary Industries as some data points may contain information from five or fewer fishers. Recreational Fishery (Source: The National Recreational and Indigenous Fishing Survey) Table 29: Estimated number and weight of Mud crab that were kept by recreational fishers for each major type of water-body in NSW (April 2000 to March 2001).

Waterbody Estimated Total (000’s)

Estimated Weight (tonnes)

Inshore 0 0 Estuarine 51.7 30

*Catch weights are calculated assuming an average weight of 0.58 kg/fish

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Blue swimmer crab (Portunus pelagicus)

97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07

050

100

150

200

250

300

Financial Year

Land

ings

(t)

EG OPT

Figure 28: Landings of blue swimmer crab from NSW commercial fisheries from 1997/98. *Fisheries, including the EPTF, which contribute less than 2.5% of the landings are excluded for clarity and/or privacy. Landings of blue swimmer crab in the EPTF, taken predominantly in the Hawkesbury River component of the EPTF, have averaged approximately 9 tonnes annually since 1997/98. More specific data can not be distributed outside the NSW Department of Primary Industries as some data points may contain information from five or fewer fishers. Recreational Fishery (Source: The National Recreational and Indigenous Fishing Survey) Table 30: Estimated number and weight of Blue swimmer crab that were kept by recreational fishers for each major type of water-body in NSW (April 2000 to March 2001).

Waterbody Estimated Total (000’s) Estimated Weight (tonnes) Inshore 0.7 0.3 Estuarine 412.2 154.6

*Catch weights are calculated assuming an average weight of 0.375 kg/fish

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Octopus Commercial landings data for octopus includes the following species: • southern octopus (Octopus australis), • Maori octopus (Pinnoctopus cordiformis), • pale octopus (Octopus pallidus), and • gloomy octopus (Octopus tetricus)

Financial Year

Land

ings

(t)

020

040

060

080

0

1979/80 1989/90 1999/00

Figure 29: Landings (including available historical records) of octopus for NSW from 1972/73 to 2006/07 for all commercial fishing methods. Landings of octopus in the EPTF have averaged approximately 1.3 tonnes annually since 1997/98. More specific data can not be distributed outside the NSW Department of Primary Industries as some data points may contain information from five or fewer fishers. Recreational Fishery (Source: The National Recreational and Indigenous Fishing Survey) Table 31: Estimated number of octopus that were kept and/or released by recreational fishers in NSW (April 2000 to March 2001).

Fate Estimated Total (000’s) Kept 10.1 Released 11.9

Table 32: Estimated number of octopus that were kept by recreational fishers for each major type of water-body in NSW (April 2000 to March 2001).

Waterbody Estimated Total (000’s) Inshore 0 Estuarine 10.1

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Mantis shrimp Commercial landings data for octopus includes the following species: • Erugosquilla grahami • Harpiosquilla harpax • Oratosquilla oratoria

Financial Year

Land

ings

(t)

0.0

0.2

0.4

0.6

0.8

1984/85 1989/90 1994/95 1999/00 2004/05

Figure 30: Landings (including available historical records) of mantis shrimps for NSW from 1984/85 to 2006/07 for all commercial fishing methods. Landings of mantis shrimp in the EPTF, taken in the Hawkesbury River component of the EPTF, have averaged approximately 250 kilograms annually since 1997/98. More specific data can not be distributed outside the NSW Department of Primary Industries as some data points may contain information from five or fewer fishers. Recreational Fishery No recreational catch estimate available.

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Estuary squid Commercial landings data for squid caught in the EPTF are included in the reporting group ‘Estuary squid’, which includes • broad squid (Uroteuthis [Photololigo] etheridgei), • bottle squid (Loliolus noctiluca), and • slender squid (Uroteuthis [Photololigo] sp.)

97/98 98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07

020

4060

80

Financial Year

Land

ings

(t)

EG EPT

Figure 31: Landings of estuary squid (Uroteuthis spp.) from NSW commercial fisheries from 1997/98. *Fisheries which contribute less than 2.5% of the landings are excluded for clarity and privacy.

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Financial Year

CP

UE

(kg/

day)

010

2030

1997/98 2001/02 2005/06

median CPUEsumC/sumE90th percentile CPUE

Figure 32: Commercial catch rates of estuary squid harvested using estuarine prawn trawling for NSW. Two indicators are provided: (1) median catch rate (lower solid line); and (2) 90th percentile of the catch rate (upper dashed line). *Records with a zero catch rate (i.e. no catch recorded) are not included in these analyses. Recreational Fishery (Source: The National Recreational and Indigenous Fishing Survey) Table 33: Estimated number of squid/cuttlefish that were kept and/or released by recreational fishers in NSW (April 2000 to March 2001).

Fate Estimated Total (000’s) Estimated Weight (tonnes)

Kept 154.6 65.7 Released 7.3 3.1

Table 34: Estimated number of octopus that were kept by recreational fishers for each major type of water-body in NSW (April 2000 to March 2001).

Waterbody Estimated Total (000’s) Estimated Weight (tonnes)

Offshore 1.3 0.5 Inshore 53 22.5 Estuarine 100.4 42.7

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Appendix 4: Report on the Implementation of Management Actions within the Estuary Prawn Trawl FMS

ACTION STATUS

1.1(c) Using available knowledge and appropriate technology, develop and

introduce alternate fishing gears to minimise the capture of target and by-

product species of non marketable quality.

Squid: It is now mandatory that all nets in the Hawkesbury River EPT fishery

be fitted with an approved by-catch reduction device.

Prawns: NSW DPI has completed several research projects on improving

the selectivity of prawn-catching gear and reducing unwanted by-catch. A

project17 (funded by NSW DPI and FRDC) was undertaken to investigate

fishing practices that improve size and selectivity and reduce by-catch and

discarding of small school and king prawns in NSW’s commercial (otter

trawls, seines, stow (set pocket) and trap (prawn running) nets and

recreational fisheries. Recommendations from the project included changes

to the majority of prawn catching gear, in particular, the use of square- mesh

codends made from a minimum 27 mm knotless mesh in most commercial

prawn trawls, seines and stow nets. Following this, the mandatory

introduction of square-mesh codends in commercial prawn-catching gears

has been approved, and are planned to commence in 2008.

17 Broadhurst, M.K., Macbeth, W.G., and Wooden, M.E.L. 2005. Reducing the discarding of small prawns in NSW’s commercial and recreational fisheries. FRDC Project No.

2001/031, NSW Department of Primary Industries – Fisheries Final Report Series No. 71 ISSN 1449-9967

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ACTION STATUS

1.1(d) Investigate the sustainability of riddling uncooked prawns in the EPTF

A project18 (funded by NSW DPI and FRDC) was undertaken to investigate

the short-term mortality and stress incurred by juvenile school prawns

discarded from an estuarine trawler. Mortality of up to 35% for juvenile

school prawns discarded from estuarine prawn trawlers was found, this was

partitioned into mortality caused by trawling (16%) and by subsequent

sorting and grading using a riddler as per current commercial practices

(19%). Recommendations from the project included modifications to sorting

practices, such as sorting and separating school prawns in water-filled

compartments, to significantly improve survival of discarded school prawns.

A number of selectivity studies19 are currently being undertaken

investigating gear modifications to improve gear selectivity that can be

adopted to ‘grade’ the prawns during the capture process rather than post

capture.

1.1(e) Use best-practice techniques for the handling of non-retained animals

in the EPT fishery. For example ‘swim tanks’ to keep the catch alive whilst it

is being sorted and ‘release tubes’ to release discarded fauna below the

surface away from predators such as birds and fish near the surface.

The use of ‘swim tanks’ and ‘release tubes’ are now mandatory in the Hunter

River EPT fishery. Any fish taken with an otter trawl net (prawns) in the

Hunter River, that are to be discarded, must be held in a holding tank or

swim tub prior to release and released below the surface by use of a plastic

tube (referred to as a release tube).

18 Macbeth, W.G., Broadhurst, M.K., Paterson, B.D., and Wooden, M.E.L. 2006. Reducing the short-term mortality of juvenile school prawns (Metapenaeus macleayi) discarded

during trawling. ICES Journal of Marine Science, 63: 831 – 839. 19 For example: Maximising the survival of bycatch released from commercial estuarine fishing gears in NSW (Project no. 2004/056), Refinement of selective gears for

estuarine prawn and squid fisheries (Ctu 2005/016), and Utility of beam trawls for reducing environmental impacts in the Clarence River prawn-trawl fishery (FSC2007/191).

Refer to http://www.dpi.nsw.gov.au/__data/assets/pdf_file/0008/184931/Current-Project-Summaries---Wild-Fisheries-May-08.pdf

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ACTION STATUS

1.1(f)(ii) Prevent trawling in areas and at times of high abundances of

incidental species.

Implemented in conjunction with incidental catch ratios and maximum

counts on prawns in each estuary used in the EPT fishery.

1.2(a) Clearly define key habitat or environmental sensitivity areas and non-

trawled area within the area where trawling is permitted within each estuary.

Commenced as part of a broader estuarine mapping project. Requires EPT

fisher input to define non-trawled areas.

1.2(b) No increase in the current total area that is trawled within the

boundaries of each estuary.

No change in permitted trawl area. ‘Trawl area’ to be refined after

completion of mapping project (above).

1.3(a) Implement incidental catch ratios and maximum counts on prawns

taken in each estuary used in the EPT fishery.

Implemented. Joint NSW DPI / industry working groups established for each

trawled estuary to oversee the implementation of prawn counts and

incidental catch levels.

2.1(a) Monitor quantity, length, and/or age and sex composition of target

and by-product species caught in the EPT fishery.

This is being done as part of the resource assessment process (port

monitoring). Port monitoring involves the collection of length (and age

samples where relevant) of a set of commercially targeted species. The

species are determined based upon risks assessments (as part of the EIS)

and socio-economic values. The set of species subject to port monitoring is

reviewed at the end of each fiscal year period. The scientific observer

program will also assist in the ongoing implementation of this action, subject

to the framework for setting priorities.

2.1(b) Together with all harvest sectors of squid in NSW review the

exploitation status of the squid resources.

The exploitation status of squid is reviewed annually as part of the resource

assessment process.

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ACTION STATUS

2.1(e) Review the maximum counts for eastern king and school prawns in

light of available information and information collected between 2002 and

2005 on the growth and mortality of prawns.

Prawn counts have been implemented and will be reviewed based on

current research on fishing mortality and growth in school prawn

populations.

2.1(h) Develop a system for and conduct a formal stock assessment of the

primary species within five years and review the assessment at least every

three years thereafter.

The Resource Assessment Framework was finalised in 2004. This

framework is a well-defined, accessible program for the resource

assessment of all marine fish species harvested in NSW. The type of

assessment carried out for each species (or species complex) will take

account of commitments made in each FMS, levels of risk identified in the

environmental impact statements, the commercial and recreational

importance of the species and its biology.

2.1(i) Having regard to the prioritisation of research projects related to the

EPT fishery, develop a strategic approach for ascertaining the status of by-

product species taken in the fishery.

The exploitation status of both target and by-product species in the EPT

fishery are determined and reviewed annually as part of the resource

assessment process.

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ACTION STATUS

2.3(b) Use the Total Allowable Catch Setting and Review Committee to

make determinations relating to the maximum level of effort exerted upon

the target species in connection with this fishery.

As reported in 200420, a joint project funded by NSW DPI, the University of

NSW and the Australian Research Council, is continuing to, among other

things, study the biological and socio-economic consequences of effort

allocation amongst the three commercial fisheries and the recreational

fishery for prawns in NSW.

In addition, NSW DPI is in the final year of a four year project funded by the

FRDC to estimate fishing mortality and growth in school prawn populations.

The results from the project will provide important information needed to

determine the best suite of biological conditions for harvesting school prawn

populations in a sustainable manner. The final report for the project is due

with the FRDC by July 2008.

2.3(c) Implement either of the following:

• minimum shareholdings over set time periods to limit the number of

vessels and operators in each estuary to historically active levels

• limit the number of total fishing days for each estuary

• limit the number of fishing days available to each business based on

past participation

Minimum shareholding provisions established in the Fisheries Management

(Estuary Prawn Trawl Share Management Plan) Regulation 2006.

Closures to trawling on weekends and public holidays across all estuaries

were implemented upon release of the EPT FMS and have reduced the

number of fishing days available to the EPTF.

2.4(a) Provide for the nomination of EPT entitlements within the share

management plan for the fishery, but only where nominations will not lead to

increases in the level of fishing effort.

Implemented through the Fisheries Management (Estuary Prawn Trawl

Share Management Plan) Regulation 2006.

20 NSW Department of Primary Industries (2004). Fishery Management Strategies Performance Report 2004. Cronulla, NSW DPI

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ACTION STATUS

2.4(b) Establish minimum entry requirements for new entrants at the fishing

business level to prevent increases in effort by small businesses.

In general, the minimum entry requirement for a new entrant at the fishing

business level is that all components (as outlined in the fishing business

determination21) of a fishing business must be transferred to that person in

its entirety.

Minimum shareholding requirements are provided for in the share

management plan for the fishery and, in respect of a new entrant, apply at

the share class level.

3.1(a) Modify the reporting system, in consultation with the MACs, to collect

and monitor information on sightings and captures of threatened or

protected species using catch returns.

Implemented

4.1(a) Estimate the size of the non-commercial catch and catch by

indigenous peoples, and the relative impact of this on resources harvested

by the EPT fishery.

This is being done through the resource assessment process using

information from the National Recreational and Indigenous Fishing Survey22.

There is currently no data on catch by indigenous peoples.

4.2(a) Evaluate catch levels and monitor management structures in fisheries

that are outside NSW jurisdiction but where catches in those fisheries

impact on stocks shared with the EPTF.

This is being done through the resource assessment process.

21 A fishing business determination identifies the fishing business and the components of that fishing business as recorded by NSW DPI. The following things have been

determined as components of fishing businesses (where applicable): the shares held by the business, the endorsements allocated to the business, and any external fishing

authorities connected to the business that have been issued by another State, Territory or Commonwealth agency. 22 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.

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ACTION STATUS

4.2(b) Evaluate the annual reported landings of the prawn and squid

species that are also taken in other commercial fisheries in NSW. This is being done through the resource assessment process.

5.2(a) Develop, in consultation with the MAC, a performance measure for

the economic viability at the fishing business level.

Performance indicators monitoring economic viability have been refined as a

part of a 2.5 year review of FMS performance monitoring. Average market

values of shares and net returns to the fishery, taking into account indicative

industry operational and government management costs relevant to the

fishery, will be used as performance indicators.

5.2(b) Develop, in consultation with the Advisory Council on Commercial

Fishing∗, a cost recovery framework.

The FMS for each of the major commercial fisheries (excluding lobster and

abalone) include a management action to develop a cost recovery

framework. 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 management action. Note that NSW DPI recognises that many

commercial fishers are facing financial difficulties due to increasing

operating costs (e.g. fuel), competition from cheap imports, environmental

conditions affecting the abundance of prawn stocks, and longer term

structural adjustment issues.

5.3(a) Implement the share management provisions of the FM Act 1994. The new share management regulations commenced on 5 February 2007.

∗ Advisory Council on Commercial Fishing has been replaced by the Seafood Industry Advisory Council

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ACTION STATUS

6.1(a) Develop, implement and monitor, with EPTMAC, a compliance audit

scheme and operational plans for each estuary and encourage voluntary

compliance through educational programs.

As part of monitoring compliance operational plans relating to fisheries in

NSW, Annual District Compliance Planning models (including the

overarching State-wide Compliance Plan) are currently under review and

redevelopment. The aim of the review is to align the plans with the

Australian National Fisheries Compliance Strategy (AFNCS) which, through

the direction of the National Fisheries Compliance Committee (NFCC),

seeks to provide guidance to all Australian fisheries jurisdictions in achieving

the objectives of the National Plan of Action to Prevent, Deter and Eliminate

Illegal, Unreported and Unregulated Fishing.

6.1(b) Implement an endorsement suspension scheme and share forfeiture

scheme based on a demerit point scale for serious offences and habitual

offenders.

The FMS for each of the major commercial fisheries (excluding lobster and

abalone) require the implementation of an endorsement suspension and

share forfeiture scheme based on a demerit point scale. Preliminary

discussions have occurred with the MACs to prioritise offences under the

FM Act and Fisheries Management (General) Regulation 2002 according to

low, medium or high rankings. Ranking the offences differentiates between

the amounts of the demerits points that may apply per offence and will assist

in the development of a cross-fishery ranking system that will underpin the

schemes.

Further development is pending finalisation of current reform and refinement

of the regulations to ensure compliance with the share management

provisions of the Act. In the interim, NSW DPI is continuing to implement the

penalty provisions in the FM Act.

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ACTION STATUS

8.1(a) Design and implement an industry-funded scientific observer program

to:

• collect information on the quantity and composition of retained and

discarded species, and interactions with threatened and protected

species

• provide quality control information on commercial catch and effort

data

The FMS for each of the major commercial fisheries (excluding lobster and

abalone) require the implementation of a scientific observer program. NSW

DPI has therefore implemented the program on a cross–fishery basis and

has developed a framework that identifies the highest priority methods for

observation based on a number of measures and to ensure that resources

are directed towards the methods that pose the greatest risks23. Ocean line

fishing methods have been identified as the current highest priority, and

work is underway.

8.1(b) Develop and implement an industry funded program to conduct

fishery independent surveys of the school and eastern king prawn, and

squid resources for the EPTF.

Information from a project by NSW DPI, the University of Sydney and

FRDC24 will be used to progress this management action.

8.1(f) Develop an objective system for defining and setting trigger points to

detect concerning trends in landings of all species permitted to be taken in

the EPTF.

Research has been undertaken on improving methods to detect trends in

landings25. A 2.5 year review of all (EG, OH & EPT) performance indicators

resulted in a move away from landings based triggers towards indicators

and triggers to reflect stock status and progress towards improved resource

assessment across all species.

23 Scandol, J. 2005. A prioritisation model for the NSW observer program. Cronulla NSW DPI. 24 Developing fishery-independent surveys for the adaptive management of NSW's estuarine fisheries. NSW Department of Primary Industries, the University of Sydney and the

Fisheries Research & Development Corporation (Project No. 2002/059). 25 Scandol, J. P. (2003). "Use of Cumulative Sum (CUSUM) Control Charts of Landed Catch in the Management of Fisheries." Fisheries Research 64(1): 19-36 and,

Scandol, J. P. (2005). Use of Quality Control Methods to Monitor Stock Status. Fisheries Assessment and Management in Data-limited Situations. G. H. Kruse, V. F. Gallucci,

D. E. Hay, R. I. Perry, R. M. Peterman, T. C. Shirley, P. D. Spencer, B. Wilson and D. Woodby. Fairbanks, Alaska Sea Grant, University of Alaska Fairbanks: 213-233 pp.

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ACTION STATUS

8.2(b) Determine accuracy of current recording of species identification in

catch records and provide advice to industry to make needed changes (may

need to wait for results from observer study).

This is being considered through the resource assessment process. The

observer program will assist in the ongoing implementation of this action.

8.3(a) Implement a Basic Skills Course for new entrants in the EPT Fishery.

More recent FMSs for other NSW fisheries include a management response

with a long term timeframe as follows:

“Develop strategies to support appropriate practices and behaviour in

commercial fisheries, including development of training and accreditation

courses in core competencies and the introduction of fit and proper person

requirements”

This latest approach to assisting industry is similar to what was originally

envisaged for the EPTF but is proposed to be developed across fisheries.

The EPTMAC agreed that it would be more efficient to delay this

management response and integrate it with the cross fishery approach. This

will be particularly beneficial to operators who will participate in more than

one fishery.

8.4(a) Consult with the MACs on a strategy for improving the understanding

of economic and social information relating to the fishery, taking into account

the information gaps outlined in the economic and social assessment in the

Environmental Impact Statement for the relevant fishery.

The FMS for each of the major commercial fisheries include management

actions to promote research projects to gain knowledge relevant to

economic and social factors affecting fisheries, develop strategies to identify

economic issues, and, under the Ocean Trawl FMS, implement targeted

surveys to obtain information on the social and economic status of

commercial fisheries.

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ACTION STATUS

8.4(b) Assess, in consultation with the MAC, the feasibility of gathering

additional information on social and/or economic aspects of the relevant

fishery including: modifying the existing catch returns or fishing licence

renewal application forms, undertaking targeted social and economic

surveys, or any other methods.

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.

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Appendix 5: Report on performance indicators in the Estuary Prawn Trawl Fishery (for the period 2003/04 to 2005/06), based on revised performance indicators

Performance Indicator Trigger Point Status Comment

Goal 1: To manage the EPTF in a manner that promotes the conservation of biological diversity in the estuarine environment.

The estimated quantity of the estuary

prawn trawl catch which is incidental (i.e.

by-product plus by-catch).

The quantity of incidental catch (by-product

plus by-catch) for any observed estuary

increases between consecutive observer

surveys.

-

NSW DPI has developed ‘A prioritisation model for the

NSW observer program’26 for implementing the

program on a cross-fishery basis. Data for the EPTF to

be assessed when available.

Response of the EPTF to marine pest

and disease incursions.

Guidelines specified in any Marine Pest and

Disease Management Program are not

adopted by the EPTF.

Caulerpa taxifolia has been declared a Class 1 noxious

species in all NSW waters under the Fisheries

Management Act 1994 (the Act).

The NSW Government has developed a

comprehensive control program for C. taxifolia. To

manage the potential spread of C. taxifolia via fishing

gear, fishing closures, under s.8 of the Act, have been

implemented in five affected estuaries banning the use

of all nets (commercial and recreational) other than

landing nets.

Number of estuaries totally closed to

estuary prawn trawling (through

regulatory controls, marine parks and/or

aquatic reserves) every two years.

Estuaries closed to estuary prawn trawling

become open after the commencement of

the FMS.

26 Scandol, J. 2005. A prioritisation model for the NSW observer program. Cronulla NSW DPI.

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Performance Indicator Trigger Point Status Comment

Goal 2: To maintain primary and by-product species harvested by the EPTF at sustainable levels.

Changes in the exploitation status of a

target or by-product species in EPT to

‘overfished’ or ‘recruitment overfished’.

The exploitation status of a primary/ key

secondary/ target/ conditional target/ or by-

product species is changed to ‘overfished’ or

‘recruitment overfished’ by NSW DPI.

2003/04

2004/05

2005/06

Total annual landings of each by-product

species as a ratio of the total annual

landings of target species in each

estuary in the EPTF.

Ratio of the landings of any by-product

species to total landings of target species

exceeds the limits specified in the FMS in

any two consecutive years.

Clarence River/

Lake Wooloweyah

Hunter River

Hawkesbury River

The ratio of total annual landings of the following by-

product species to total annual landings of target

species exceeded the limit for the relevant estuary, as

specified in the FMS, in two consecutive years during

the period 2003/04 to 2006/07.

Clarence River/Lake Wooloweyah

Blue Swimmer Crab (Portunus pelagicus)

Silverbiddy (Gerres subfasciatus)

Hunter River Squid

Hawkesbury River Mud Crab (Scylla serrata)

Octopus (Octopoda)

Prawn, greasy back (Metapenaeus bennetae)

Silverbiddy (Gerres subfasciatus)

Trumpeter Whiting (Sillago maculata)

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Performance Indicator Trigger Point Status Comment

Goal 3: Promote and support the conservation of threatened species, populations and ecological communities associated with the operation of the EPTF.

Interactions between the fishery and

threatened species, populations or

ecological communities that are likely to

threaten the survival of a threatened

species, population or ecological

community.

Any interactions between the fishery and a

threatened species, population or ecological

community reported by endorsement holders

in the fishery or observed during an observer

survey 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 from

relevant threatened species experts

NSW DPI has developed ‘A prioritisation model for the

NSW observer program’27 for implementing the

program on a cross-fishery basis. Data for the EPTF to

be assessed when available.

Interactions between the fishery and

protected species that are likely to

threaten the survival of a protected

species.

A biennial review undertaken by NSW DPI of

interactions between the fishery and a

protected species reported by endorsement

holders in the fishery or observed during an

observer survey is likely to threaten the

survival of that protected species as

determined by the Director-General of NSW

DPI on advice from relevant threatened

species experts.

NSW DPI has developed ‘A prioritisation model for the

NSW observer program’25 for implementing the

program on a cross-fishery basis. Data for the EPTF to

be assessed when available.

27 Scandol, J. 2005. A prioritisation model for the NSW observer program. Cronulla NSW DPI.

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Performance Indicator Trigger Point Status Comment

Goal 4: To appropriately share the resource and carry out fishing in a manner that minimises the social impacts.

Change in the distribution of landings

between the commercial sector and non-

commercial sectors (combining

recreational and Indigenous) for each

target species in the EPTF.

Maximum absolute difference in the

distribution of landings between the

commercial and non-commercial sectors is

greater than 15 percentage points when

compared every five years.

– The first assessment year for this indicator will be 2007

and will compare relative catch between sectors in

2005/06 to relative catch in 2000/01.

Change in the distribution of landings

among NSW commercial fisheries for

each target species in the EPTF.

Maximum absolute difference in the

distribution of landings between the

assessment and reference years is greater

than 15 percentage points.

– The first assessment year for this indicator will be 2007

and will compare relative landings from 2004/05 and

2005/06 to the reference years 1999/00 and 2000/01.

Goal 5: To promote a viable commercial fishery (consistent with ecological sustainability)

Net economic returns to the EPTF.

The Director-General 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

three 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.

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Performance Indicator Trigger Point Status Comment

(Continued) Goal 5: To promote a viable commercial fishery (consistent with ecological sustainability)

Average market of EPT shares when

traded.

Trigger to be determined within two years of

the commencement of the share

management plan.

– Not applicable to this year’s assessment. Share

management plans for the EPTF commenced on the 5

February 2007.

Goal 6: To ensure cost-effective management and compliance in the EPTF.

Annual rates of compliance for the EPTF. 85% compliance

2003/04

2004/05

2005/06

2006/07

2003/04 - 88% compliance

2004/05 - 93% compliance

2005/06 - 91% compliance

2006/07 – 97% compliance

Number of EPT MAC meetings held

each year.

Less than two meetings for each fishery held

in a calendar year, unless otherwise agreed

by the MAC.

2004

2005

2006

2007

2004 - 28 April 2004 & 15/16 November 2004 (MAC

Workshop)

2005 - 1 meeting 25 July 2005 as agreed by the

EPTMAC.

2006 - 1 Sept. 2006 & 26 Sept. 2006 (SIAC/MAC

meeting)

2007 – 1 meeting 23 November 2007 as agreed by the

EPTMAC

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Performance Indicator Trigger Point Status Comment

Goal 7: To improve the knowledge of the community about the operations and management of the EPTF.

Public availability of information

regarding the EPTF.

Less than two pieces of informative material

relating to the EPTF are published every

three years.

Examples of publicly available informative material

include the Fisheries Management Strategies, Status of

Fisheries Resources in NSW 2006/07 and information

provided on the NSW DPI website.

Goal 8: To improve the knowledge about the EPTF and the resources upon which the fishery relies.

Number of target and by-product species

in the EPTF with an ‘uncertain’ or

‘undefined’ exploitation status.

The number of target and by-product species

with an ‘uncertain’ or ‘undefined’ exploitation

status has not decreased between two

consecutive odd-numbered years.

Year Uncertain / Undefined

2003/04 15

2004/05 13

2005/06 13

The difference between the current and

target resource assessment class for

target and by-product species of the

EPTF.

The sum of the difference between the

current and target assessment class for

target and by-product species has not

decreased between two consecutive odd-

numbered years.

The sum of the difference between the current and

target assessment class:

2003/04 24

2004/05 22

2005/06 16

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Performance Indicator Trigger Point Status Comment

(Continued) Goal 8: To improve the knowledge about the EPTF and the resources upon which the fishery relies.

The number of research projects

underway which have a flow of benefits

to the fishery and fill information gaps

identified by the environmental impact

assessment for the fishery.

The number of relevant research projects

relevant to identified information gaps falls to

less than two during any one year.

2003/04

2004/05

2005/06

2006/07

Accuracy of catch returns data (in terms

of quantity of product, record

completeness and species

identification).

The accuracy of catch return data has not

improved when reviewed every two years.

Baseline data has been collected from a sample of

fishers to be compared with updated data in 2005/06.

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Appendix 6: Relevant Scientific Outputs for the Estuary Prawn Trawl Fishery

Refer to the NSW DPI website for online summaries and, in some cases, full outputs at www.dpi.nsw.gov.au/research/areas/systems-research/wild-fisheries Rotherham D, Broadhurst MK, Gray CA and Johnson DD (2008) Developing a beam trawl for sampling estuarine fish and crustaceans: assessment of a codend cover and effects of different sizes of mesh in the body and codend. ICES Journal of Marine Science, 65: 687–696. Rotherham, D., Gray, C.A., Johnson, D.D. and Lokys, P., 2008. Effects of diel period and tow duration on estuarine fauna sampled with a beam trawl over bare sediment: Consequences for designing more reliable and efficient surveys. Estuarine Coastal & Shelf Science, 78: 179–189. Montgomery, S.S., Stewart, J. and Blount, C., (2007) The use of point-count technique to quantify the egg assemblage in Melicertus plebejus (Hess, 1965) ovaries. Fisheries Research, 83: 228-237. Ives, M.C. and Scandol, J.P., 2007. A Bayesian analysis of NSW eastern king prawn stocks (Melicertus plebejus) using multiple model structures. Fisheries Research, 84(3): 314–327. Macbeth, W.G., Millar, R.B., Broadhurst, M.K., Hewitt, C.W. and Wooden, M.E.L., 2007. Intra-fleet variability in the size selectivity of a square-mesh trawl codend for school prawns (Metapenaeus macleayi). Fisheries Research, 86: 92–98. Broadhurst, M.K., 2006. Improving gear selectivity and reducing unwanted fishing mortality in New South Wales, Australia. Poster presentation given at the 2006 International Council for the Exploration of the Sea (ICES) Symposium on Fishing Technology in the 21st Century: Integrating Fishing and Ecosystem Conservation, 30 October to 3 November 2006, Boston, USA. Broadhurst, M.K., Dijkstra, K., Reid, D.D. and Gray, C.A., 2006. Utility of morphological data for key fish species in southeastern Australian beach-seine and otter-trawl fisheries: predicting mesh size and configuration. New Zealand Journal of Marine & Freshwater Research, 40: 259–272. Broadhurst, M.K., Suuronen, P. and Hulme, A., 2006. Estimating collateral mortality from towed fishing gears. Fish & Fisheries, 7: 180–218. Macbeth, W.G., 2006. Variability in the size selectivity of codends tested in commercial penaeid trawl, seine and stow-net fisheries in south-eastern Australian estuaries. Poster presentation given at the 2006 International Council for the Exploration of the Sea (ICES) Symposium on Fishing Technology in the 21st Century: Integrating Fishing and Ecosystem Conservation, 30 October to 3 November 2006, Boston, USA. Macbeth, W.G., Broadhurst, M.K., Peterson, B.D. and Wooden, M.E.L., 2006. Reducing the short-term mortality of juvenile school prawns (Metapenaeus macleayi) discarded during trawling. ICES Journal of Marine Science, 63(4): 831-839. Montgomery, S., 2006. Biology and life cycle of prawns. Poster for general display. NSW Department of Primary Industries, Cronulla, NSW, Australia.

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NSW Department of Primary Industries, 2006. Determining the biological sustainability of wild fisheries in NSW: Concepts and definitions. An information paper by the Systems Research, Wild Fisheries Program. 27pp. Rotherham, D., Gray, C.A., Broadhurst, M.K., Johnson, D.D., Barnes, L.M. and Jones, M.V., 2006. Sampling estuarine fish using multi-mesh gill nets: effects of panel length and soak and setting times. Journal of Experimental Marine Biology & Ecology, 331: 226–239. Scandol, J., 2006. Planning: The keystone species within ecosystem-based fisheries management. In: Ward, T.M., Geddes, M.C. and Mayfield, S. (eds), National Syposium on Ecosystems Research and Management of Fish and Fisheries. Australian Society for Fish Biology Symposium Proceedings, Adelaide, South Australia, September 2004. 156pp. Scandol, J.P., Underwood, A.J. and Broadhurst, M.K., 2006. Experiments in gear configuration to reduce bycatch in an estuarine squid-trawl fishery. Fishery Bulletin 104: 533–541. Broadhurst, M.K., Macbeth, W.G. and Wooden, M.E.L., 2005. Reducing the discarding of small prawns in NSW's commercial and recreational prawn fisheries. Final Report to the Fisheries Research & Development Corporation. Project No. 2001/031. NSW Department of Primary Industries - Fisheries Final Report Series No. 71. 202pp. ISSN 1449-9967. Macbeth, W.G., Broadhurst, M.K. and Millar, R.B., 2005. Fishery-specific differences in the size selectivity and catch of diamond- and square-mesh codends in two Australian penaeid seines. Fisheries Management and Ecology, 12: 225-236. Macbeth, W.G., Broadhurst, M.K., Millar, R.B. and Smith, S.D.A., 2005. Increasing codend mesh openings: an appropriate strategy for improving the selectivity of penaeid fishing gears in an Australian estuary? Marine & Freshwater Research, 56: 889-900. Rotherham, D., Gray, C.A. and Broadhurst, M., 2005. Developing fishery-independent sampling tools for surveys of estuarine icthyofauna in New South Wales: an experimental framework. Oral presentation given at the 2005 Australian Society for Fish Biology Conference, 11-15 July 2005, Darwin, Australia. Scandol, J.P., 2005. Essential Concepts of Effective Monitoring. A Guide to Monitoring Fish Stocks and Aquatic Ecosystems. Australian Society for Fish Biology Workshop Proceedings, Darwin, Northern Territory, 11 – 15 July 2005, Fisheries Incidental Publication No 25, Darwin, Northern Territory Department of Primary Industry, Fisheries and Mines, pp 10 – 16. Scandol, J. and Ives, M., 2005. RAS: An intranet-based resource assessment system for multi-species fisheries monitoring and management. Oral presentation given at the 2005 Australian Society for Fish Biology Conference, 11-15 July 2005, Darwin, Australia. Broadhurst, M., Young, D. and Damiano, C., 2004. Effects of Nordmore-grid angles, profiles and other industry-developed modifications on catches in an Australian penaeid-trawl fishery. Ciencias Marinas, 30(1B): 155-168. Broadhurst, M.K., Millar, R.B., Kennelly, S.J., Macbeth, W.G., Young, D.J. and Gray, C.A. 2004. Selectivity of conventional diamond- and novel square-mesh codends in an Australian estuarine penaeid-trawl fishery. Fisheries Research 67: 183-194. Millar, R.B., Broadhurst, M.K. and Macbeth, W.G., 2004. Modelling between-haul variability in the size-selectivity of trawls. Fisheries Research 67: 171-181.

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Broadhurst, M.K., 2004. (abstract + poster presentation). 'Reducing unwanted bycatch in the prawn fisheries of New South Wales, Australia’. Poster presentation given at the 4th World Fisheries Congress: ‘Reconciling Fisheries with Conservation’, 2-6 May, 2004, Vancouver, Canada. Broadhurst, M.K., Wooden, M., Young, D.J. and Macbeth, W.G., 2004. Selectivity of penaeid trap nets in south-eastern Australia. Scientia Marina 68(3): 445-455. Macbeth, W.G., Broadhurst, M.K. and Millar, R.B., 2004. The utility of square mesh to reduce bycatch in Hawkesbury River prawn trawls. Ecological Management and Restoration, 5(3): 221-224. Scandol, J.P., 2004. A framework for the assessment of harvested fish resources in NSW. 96 pages. NSW Department of Primary Industries - Fisheries Resource Assessment Series No. 15. ISSN 1449-9940. Henry, G.W. and Lyle, J.M., 2003. The National Recreational and Indigenous Fishing Survey. Final Report to the Fisheries Research & Development Corporation and the Fisheries Action Program. Project No. 1999/158. NSW Fisheries Final Report Series No. 48. ISSN 1440-3544. 188pp. Macbeth, W.G., 2003. Improving the selectivity of prawn-catching gears used in NSW estuaries. Oral presentation given at the Australian Marine Sciences Association conference, 9-11 July 2003, Brisbane, Australia.

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Appendix 7: A Summary Report against Estuary Prawn Trawl Fishery Export Approval* conditions and recommendations *Expired 30 November 2006

Condition/Recommendation Progress

Condition 1. Operation of the fishery will be carried out in accordance with the Fishery Management Strategy – Estuary Prawn Trawl – 2003.

Operation of the fishery is carried out in accordance with the Fisheries Management Act 1994 and regulations made under this Act, including the Fisheries Management (Estuary Prawn Trawl Share Management Plan) Regulation 2006, and consistent with the goals and objectives of the Fishery Management Strategy – Estuary Prawn Trawl – 2003.

Condition 2. NSW DPI will inform the Department of the Environment and Heritage of any changes to the Fishery Management Strategy – Estuary Prawn Trawl – 2003.

No amendments have been made to the Fishery Management Strategy for the EPTF since the WTO was issued. Changes to the Fisheries Management (General) Regulation 2002 applying to the EPTF were made commencing 5 February 2007. The changes provided for the implementation of full category 1 share management and a series of positive commercial fishery licensing reforms. A detailed Information Paper summarising the changes was referred to DEH at that time.

Condition 3. NSW Fisheries will ensure that ecologically sustainability considerations take precedence over other considerations in determining an acceptable range in response to a trigger point review.

NSW DPI is continually seeking to achieve ecological sustainable development for the fisheries of NSW through the achievement of the stated objectives of the NSW Fisheries Management Act 1994, the EPT FMS and any reviews.

Condition 4. a. An annual performance assessment is to be conducted to assess the

performance indicators against the specified trigger points, and each management response against the implementation timeframes;

b. If the performance assessment finds that a trigger point has been exceeded or the timeframes have not been met, the resulting actions will be carried out as provided for in the Fishery Management Strategy – Estuary Prawn Trawl – 2003;

c. Any review reports prepared as a result of Condition 4b will be made publicly available and provided to the Department of the Environment and Heritage in a timely manner;

d. A performance report will be prepared biennially documenting: (i) The status of the performance indicators compared to the trigger

points in each of the two years prior to the report,

a. The report: Fishery Management Strategies Performance Report 200428 summarises the performance of the EPTF against the performance indicators and trigger points contained in the EPT FMS, and progress on the implementation of management actions in the EPT FMS up to June 2004.

Appendix 4 of the Submission to DEWHA Seeking Export Approval for the NSW Estuary Prawn Trawl Fishery – July 2008 provides a progress statement of the implementation of management actions in the EPT FMS for the period June 2004 to June 2007.

Appendix 5 of the Submission to DEWHA Seeking Export Approval for the NSW Estuary Prawn Trawl Fishery – July 2008 provides a statement of the performance of the EPTF against the performance indicators and trigger points contained in the EPT FMS based on data for the periods 2003/04, 2004/05 and 2005/06.

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

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Condition/Recommendation Progress (ii) The progress made in implementing each management response

over the two years prior to the report, and (iii) The outcome of any review reports that were prepared over the

two years prior to the report.

b. Refer to the Fishery Management Strategies Performance Report 2004. The 2005 Performance Assessment determined the activation of two trigger points including the activation of a landings-based trigger point for a target species. In accordance with the EPT FMS a review was conducted in consultation with relevant advisory groups, NSW DPI scientists and fishery managers to identify suspected reasons for activation. No remedial action was recommended as part of this process.

c. Refer to the Fishery Management Strategies Performance Report 2004. No other review reports are available

d. The next (biennial) performance report to be released publicly will include

the performance assessment reports and any associated review reports for 2006 and 2008.


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