Assessment of the NSW Ocean Trap and Line Fishery - Fisheries NSW PREPARED FOR THE DEPARTMENT OF AGRICULTURE, WATER AND THE ENVIRONMENT FOR THE ...
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Fisheries NSW Assessment of the NSW Ocean Trap and Line Fishery PREPARED FOR THE DEPARTMENT OF AGRICULTURE, WATER AND THE ENVIRONMENT FOR THE PURPOSE OF ASSESSMENT UNDER PART 13 AND 13(A) OF THE ENVIRONMENT PROTECTION AND BIODIVERSITY ACT 1999
Assessment of the NSW Ocean Trap and Line Fishery Published by the NSW Department of Primary Industries Assessment of the NSW Ocean Trap and Line Fishery - Prepared for the Department of Agriculture, Water and the Environment for the purpose of assessment under Part 13 and 13(A) of the Environment Protection and Biodiversity Conservation Act 1999 First published April 2021 More information Fiona McKinnon, Fisheries NSW www.dpi.nsw.gov.au Acknowledgments OUT21/3064 © State of New South Wales through Regional NSW 2021. The information contained in this publication is based on knowledge and understanding at the time of writing (April 2021). However, because of advances in knowledge, users are reminded of the need to ensure that the information upon which they rely is up to date and to check the currency of the information with the appropriate officer of the Department of Regional NSW or the user’s independent adviser. 1 | NSW Department of Primary Industries, April 2021
Assessment of the NSW Ocean Trap and Line Fishery
Contents
1. Introduction ....................................................................................................................................................... 4
2. Description of the Fishery ............................................................................................................................ 5
2.1 Species................................................................................................................................................................. 5
2.2 Fishing gear ....................................................................................................................................................... 6
2.3 Fishing area........................................................................................................................................................ 6
2.4 Management arrangements........................................................................................................................ 6
2.4.1 Input controls ...................................................................................................................................... 7
2.4.2 Output controls .................................................................................................................................. 8
2.5 Number of fishers............................................................................................................................................ 9
2.6 Licensing arrangements .............................................................................................................................. 10
2.7 Allocation between sectors ....................................................................................................................... 10
2.7.1 Recreational fishing ........................................................................................................................ 10
2.7.2 Aboriginal cultural fishing ............................................................................................................ 10
2.7.3 Policy for Fisheries Resource Sharing in NSW ...................................................................... 11
2.8 Governing legislation ................................................................................................................................... 11
3. Management ................................................................................................................................................... 11
3.1 Commercial Fisheries Business Adjustment Program ..................................................................... 11
3.1.1 Share class linkage arrangements ............................................................................................. 12
3.2 Catch quota system for Spanner crab (northern zone)................................................................... 12
3.3 Marine estate reforms ................................................................................................................................. 12
3.3.1 NSW Marine Estate Management Strategy 2018 - 2028.................................................. 13
3.4 Compliance ...................................................................................................................................................... 13
3.4.1 Compliance rates ............................................................................................................................. 14
3.5 Consultation processes ............................................................................................................................... 15
3.5.1 Ministerial Fisheries Advisory Committee .............................................................................. 15
3.5.2 Commercial Fishing NSW Advisory Council .......................................................................... 15
3.5.3 Working groups ............................................................................................................................... 15
3.6 Cross jurisdictional management arrangements............................................................................... 16
3.7 Threatened, endangered and protected species............................................................................... 16
3.7.1 Frequency and nature of interactions ...................................................................................... 16
3.7.2 Scientific observer program......................................................................................................... 17
3.7.3 Management actions taken to reduce interactions and results of such actions ..... 19
2 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
3.7.4 Priorities Action Statement .......................................................................................................... 19
4. Research and Monitoring ........................................................................................................................... 21
4.1 Research priorities......................................................................................................................................... 21
4.2 Relevant research .......................................................................................................................................... 21
4.3 Monitoring programs .................................................................................................................................. 23
4.3.1 Stock assessment and reporting ................................................................................................ 23
4.3.2 Scientific observer program......................................................................................................... 23
4.3.3 Collection of catch and effort data ........................................................................................... 24
4.3.4 Port monitoring ................................................................................................................................ 24
5. Catch Data ........................................................................................................................................................ 24
5.1 Total catch and value of the OTL Fishery ............................................................................................. 24
5.2 Total catch and fishing effort data of primary and key secondary species ............................. 25
5.3 Harvest by each sector ................................................................................................................................ 25
5.3.1 Recreational fishing ........................................................................................................................ 25
5.3.2 Aboriginal cultural fishing ............................................................................................................ 26
5.3.3 Illegal catch ........................................................................................................................................ 26
6. Harvest Strategies ......................................................................................................................................... 26
7. Status of Target Stock ................................................................................................................................. 26
7.1 Species assessed as ‘Depleted’................................................................................................................. 28
7.1.1 Grey (Rubberlip) Morwong .......................................................................................................... 28
7.1.2 Silver Trevally..................................................................................................................................... 28
7.1.3 Gemfish................................................................................................................................................ 29
7.1.4 Mulloway............................................................................................................................................. 29
7.1.5 Pearl Perch.......................................................................................................................................... 29
7.1.6 School Shark ...................................................................................................................................... 30
8. Impacts of the Fishery on the Ecosystem ............................................................................................. 30
8.1 Results of any ecological risk assessments .......................................................................................... 30
8.2 Nature of impacts on the ecosystem including impacts on any key conservation values 30
8.3 Management actions taken to reduce the impacts.......................................................................... 30
9. Report against OTL Fishery Conditions of WTO Declaration........................................................ 31
Appendix 1: References........................................................................................................................................ 36
3 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
1. Introduction
This submission has been prepared by NSW Department of Primary Industries (NSW DPI) on
behalf of shareholders in the NSW Ocean Trap and Line Fishery (the OTL Fishery) in order to
assist industry to obtain export approval by leveraging off the comprehensive legislative and
policy framework for fisheries management in NSW.
The following provides a report of the OTL Fishery for assessment under Part 13 and 13 (A) of
the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Information
provided follows the recommended content for reports detailed in Appendix B of the
Guidelines for the Ecologically Sustainable Development of Fisheries – 2nd Edition and
consistent with these Guidelines this submission references sections of related documents
including the Environmental Impact Statement (EIS) on the OTL Fishery (NSW DPI, 2006), the
Fishery Management Strategy (FMS) for the OTL Fishery (NSW DPI, 2006) and the Status of
Fisheries Resources in NSW and Status of Australian Fish Stocks reports.
Table 1 Summary of the OTL Fishery as at March 2021
Ocean waters from NSW coastal baseline seaward to the 4,000 metre isobath, subject to
closures to certain methods at some or all times.
Area
[Note: Waters extending beyond 3 nautical miles are managed in accordance with NSW
legislation under an arrangement with the Commonwealth]
Fish trap (bottom / demersal)
Gear Spanner crab net
Line methods (set line / trotline, driftline, handline, dropline, trolling, jigging and poling)
Total Allowable Commercial Catch (Gemfish, Bass grouper, Blue-eye trevalla, Hapuku,
Pink ling, Bigeye ocean perch, Spanner crab)
Limited entry
Management
Controls on fishing boats and gear
Controls
Spatial and temporal closures
Size limits
Catch limits
Australian Bonito Silver trevally
Banded (Bar) rock cod Snapper
Primary Species Blue-eye trevalla Spanner crab
Grey (Rubberlip) morwong Yellowfin bream
Gummy Shark Yellowtail kingfish
Leatherjacket spp.
Catch 2019/20 - 1,189 tonnes
Value 2019/20 - $11.9 million
Sustainable 6
Depleting 1
Stock Status
Recovering 0
(Primary species)
Depleted 1
Undefined 3
4 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
2. Description of the Fishery
For the purposes of this submission the OTL Fishery comprises the Ocean Trap and Line
Share Management Fishery as described in Schedule 1 of the Fisheries Management Act 1994
(the Act) and Part 3 of the Fisheries Management (Ocean Trap and Line Share Management
Plan) Regulation 2006 (the SMP).
As described in Schedule 1 of the Act, the OTL Fishery consists of:
a) the use of a fish trap to take fish from ocean waters,
b) the use of a line with hooks attached to take fish from ocean waters,
c) the use of a spanner crab net to take spanner crabs from ocean waters that are north
of a line drawn due east from Korogoro Point (Hat Head).
2.1 Species
A number of fish and invertebrate species are taken in the OTL Fishery. The SMP details the
primary and key secondary species (Table 2 and 3) in the OTL Fishery which are those species
that the fishery captures, in large quantities or are of high value, on a consistent basis.
Table 2 Primary species taken in the OTL Fishery
Common name Scientific name
Australian Bonito Sarda australis
Banded (Bar) Rock Cod Epinephelus ergastularius
Blue-eye Trevalla Hyperoglyphe Antarctica
Grey (Rubberlip) Morwong Nemadactylus douglasii
Gummy Shark Mustelus antarcticus
Leatherjacket spp. Family: MONACANTHIDAE (excluding Nelusetta ayraudi)
Silver Trevally Pseudocaranx dentex
Snapper Pagrus auratus
Spanner Crab Ranina ranina
Yellowfin Bream Acanthopagrus australis
Yellowtail Kingfish Seriola lalandi
Table 3 Key secondary species taken in the OTL Fishery
Common name Scientific name
Bass Groper Polyprion americanus
Eastern Pigfish Bodianus unimaculatus
Gemfish Rexea solandri
Hapuku Polyprion oxygeneios
5 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
Common name Scientific name
Jackass Morwong Nemadactylus macropterus
Mahi Mahi (Dolphinfish) Coryphaena hippurus
Mulloway Argyrosomus japonicus
Pearl Perch Glaucosoma scapulare
Spanish Mackerel Scomberomorus commerson
Spotted Mackerel Scomberomorus munroi
Silver Sweep Scorpis lineolata
Teraglin Atractoscion aequidens
Wobbegong Sharks Orectolobus ornatus
Orectolobus maculatus
Shark spp. Various
Part 2 of the Fisheries Management (General) Regulation 2019 (the FM (G) Regulation) lists
fish that are protected from fishing by all sectors and from commercial fishing only.
2.2 Fishing gear
Fishing gear used in the OTL Fishery consists of trap and line methods used to target finfish,
as well as spanner crab nets designed to specifically target spanner crabs. For a full
description of fishing methods and gear types refer to:
Chapter B1.3 (Methods of Harvest) (pp 33 – 36) of the EIS, and
Section 3.1.4 (Fishing gear used in the fishery) (pp 12 – 13) and 3.1.5 (Boats used in
the fishery) (pg13) of the FMS.
Part 4A (Fishing gear) of the SMP prescribes current limits and/or restrictions on fishing gear
used in the OTL Fishery.
2.3 Fishing area
The overall area of the OTL Fishery extends from NSW coastal baseline seaward to the 4000
metre isobath, approximately 60 to 80 nautical miles offshore. Refer to the EIS, Chapter B1.4
(Area of operation, pp. 37 - 43) and section 3.1.2 (Area of operation, pp. 9 - 11) of the FMS
2.4 Management arrangements
The OTL Fishery is managed under the Act, and the regulations made under this Act (refer to
2.8 Governing legislation). The NSW DPI is the State Government agency responsible for the
administration of the Act. The OTL Fishery is managed by a combination of input and output
controls.
6 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
2.4.1 Input controls
2.4.1.1 Limited entry
The OTL Fishery is a Category 1 share management fishery and access is limited to
shareholders in the OTL Fishery or their nominated fishers who hold sufficient shares to
satisfy the minimum shareholding levels established in the SMP.
2.4.1.2 Controls on fishing boats
Boat capacity restrictions are enacted through a combination of boat specific restrictions set
out on fishing boat licences and the SMP. Each fishing boat licence is subject to a licence
specific maximum boat length. In addition, the SMP prescribes a maximum boat length of 16
metres. This maximum boat length does not apply to boats that exceed this length but were
a component of any ocean trap and line fishing business immediately before the
commencement of the SMP (such boats may be replaced by a boat of the same or a lesser
length).
2.4.1.3 Controls on fishing gear
Part 4A (Fishing gear) of the SMP and the Fisheries Management (Trap, Hook and Crew Limits
Guidelines) Approval 2017 (the Guidelines) prescribes current limits and/or restrictions on
fishing gear used in the OTL Fishery including:
Demersal fish trap limits of 30 traps for the first 50 demersal fish trap shares and 10
fish traps for each additional 20 shares;
A maximum use of 10 setlines with no more than 6 hooks attached to any set line
within 3 nautical miles;
Hook limits of 1200 hooks per line fishing eastern or western zone endorsement, with
a limit of 1200 hooks per fishing business for any line fishing method outside 3
nautical miles;
Hook limits for line fishing eastern zone fishing businesses allowing use of an
additional 1200 hooks for each additional 40 shares held in a single fishing business
above the minimum shareholding of 40 shares;
A maximum use of 30 drift lines at any one time with no more than one hook or no
more than 5 hooks if a gang of hooks attached to the drift line;
A prohibition on the use of automated baiting machines in the OTL Fishery;
A respective maximum of 30 and 40 spanner crab nets to be used by southern and
northern spanner crab endorsement holders;
Requirements to use circle hooks on set lines (non-offset in watersAssessment of the NSW Ocean Trap and Line Fishery
2.4.1.4 Temporal and spatial closures
The SMP, the FM (G) Regulation and the Fisheries Management (Supporting Plan) Regulation
2006 outline a range of spatial and temporal closures relevant to the OTL Fishery, including
waters closed permanently to all commercial fishing or class of commercial fishing. Fishing
closures specific to the OTL Fishery that are authorised under the Act can be found on the
NSW DPI website at https://www.dpi.nsw.gov.au/fishing/closures/commercial/ocean-trap-
and-line-fishery-closures
The OTL Fishery is also subject to a range of spatial closures arising from the comprehensive
network of marine protected areas that include marine parks, aquatic reserves and intertidal
protected areas in which commercial fishing is restricted or not permitted.
2.4.2 Output controls
2.4.2.1 Total Allowable Catch
Total Allowable Catch (TAC) arrangements for the OTL fishery commenced on 1 May 2019.
TACs are determined for each fishing period between 1 May and 30 April in each year for
quota managed species (Table 4). The statutory and independent Total Allowable Fishing
Committee, established under the Act, determined the TAC for Spanner crab for the 2020/21
fishing period and is responsible for determining the TAC for Spanner crab and Bass groper
for 2021/22. For further information refer to
https://www.dpi.nsw.gov.au/fishing/commercial/total-allowable-fishing
Table 4 Total Allowable Catch
2019/20 TAC 2020/21 TAC
Species
(tonnes) (tonnes)
Bass groper 6.1 6.1
Bigeye ocean perch 21.1 21.1
Blue-eye trevalla 30 30
Gemfish 7.1 7.1
Pink ling 67.7 67.7
Hapuku 5.2 5.2
Spanner Crab 169 135.5
2.4.2.2 Size limits
Minimum legal lengths (or size limits) apply to a large range of species taken in the OTL
Fishery as set out in clause 6 of the FM (G) Regulation.
2.4.2.3 Commercial catch limits and restrictions
Commercial catch limits are implemented via fishing closures under Act, those applicable to
the OTL Fishery include:
A commercial daily catch limit for any, or any combination of Endeavour Dogfish
(Centrophorus moluccensis), and Greeneye Spurdog (Squalus cholorculus), and a
0 kilogram trip limit [prohibition] on the taking of Southern Dogfish (C. zeehaani) and
Harrison’s Dogfish (C. harrissoni).
8 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
A commercial weekly and total catch limit applying to certain shark species harvested
in the OTL Fishery.
A commercial daily catch and possession limit for various species established under
the SMP.
A range of commercial trip limits apply to commercially important species taken
predominantly in Commonwealth managed fisheries, including Orange Roughy;
Smooth, Black, Spiky, Warty and Rough oreodory; Blue and Silver warehou; Jackass
morwong; Ocean perch; Toothy, Southern sand, and Southern bluespotted flathead.
The trip limits were first introduced to ensure the integrity of the Commonwealth’s
quota management scheme.
Details of up-to-date commercial catch limits applying to the OTL Fishery can be found:
On the NSW DPI website at
https://www.dpi.nsw.gov.au/fishing/closures/commercial/ocean-trap-and-line-fishery-
closures
In the OTL SMP at https://www.legislation.nsw.gov.au/view/html/inforce/current/sl-
2006-0738
The FM (G) Regulation prescribes a range of fish that are protected for conservation reasons
or protected from commercial fishing for resource sharing reasons that cannot be taken in
the OTL Fishery.
2.5 Number of fishers
Access to the OTL Fishery is limited to shareholders or their nominated fishers who hold
sufficient shares to satisfy the minimum shareholding levels established for each share class
in the SMP.
Minimum shareholdings apply to all share classes in the OTL Fishery and are used to
determine if a shareholder (or their nominated fisher) is eligible for an endorsement
authorising a particular commercial fishing activity in respect of that share class.
There are six types of endorsement available in the OTL Fishery corresponding to each share
class. Table 5 provides a description of the commercial fishing activity authorised by each
endorsement in the OT Fishery and the number of endorsement holders for each share class.
Table 5 OTL Fishery endorsements, the commercial fishing activities they authorise and the
number of endorsement holders (as at March 2021)
Number of
Endorsement Shareholders
Commercial Fishing Activity
Type (and endorsement
holders)
Line fishing Take fish using a handline, rod (or pole) and line, set line or drift line to
western zone take fish from ocean waters that are west of the 183 metre (100 225 (193)
fathoms) depth contour.
Take fish using a handline, rod (or pole) and line, set line or drift line to
Line fishing
take fish from ocean waters that are east of the 183 metre (100 64 (63)
eastern zone
fathoms) depth contour.
Demersal fish Take fish from ocean waters by means of a fish trap set or used on the
145 (116)
trap sea bed.
9 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
Number of
Endorsement Shareholders
Commercial Fishing Activity
Type (and endorsement
holders)
School and Take school and gummy sharks using a set line from ocean waters
gummy shark south of a line drawn due east from the northern point of the entrance to 12 (11)
Moruya River.
Take spanner crabs using a spanner crab net to take spanner crabs
Spanner crab
from ocean waters that are north of a line drawn due east from the 21 (19)
northern zone
southern breakwall at Yamba.
Take spanner crab using a spanner crab net to take spanner crabs
Spanner crab
from ocean waters that are south of a line drawn due east from the 6 (6)
southern zone
southern breakwall at Yamba and north of Korogoro Point (Hat Head).
2.6 Licensing arrangements
For relevant licensing arrangements refer to the NSW Commercial Fisheries Administration
Guide, May 2019, on the NSW DPI website at
https://www.dpi.nsw.gov.au/fishing/commercial/licensing-forms
2.7 Allocation between sectors
Refer to the Status of Fisheries Resources in NSW and Status of Australian Fish Stocks reports
for landings of OTL Fishery primary and key secondary species by other NSW commercial
fisheries and, where available, estimated recreational catch. Reports are available at
https://www.dpi.nsw.gov.au/content/research/fishing-aquaculture/sustainable-fish-harvest-
program
A number of performance indicators included in the FMS, used as part of the FMS
performance monitoring process, relate to resource sharing. The purpose of these
performance indicators is to detect large shifts in catch of key species, over time, between a)
the commercial and non-commercial sectors, b) among each commercial fishery in NSW, and
c) among methods or endorsement types within a fishery. Refer to Appendix 3 of this
submission for the report on performance indicators in the OTL Fishery for 2015/16.
2.7.1 Recreational fishing
NSW DPI has completed the Survey of Recreational Fishing in New South Wales 2017/18
(Murphy et al 2020) which provides a range of information, including new estimates of
recreational catches. Further information is available at
https://www.dpi.nsw.gov.au/fishing/recreational/resources/research-surveys/recreational-
fishing-survey
2.7.2 Aboriginal cultural fishing
Aboriginal cultural fishing is defined in the Act as “fishing activities and practices carried out
by Aboriginal persons for the purpose of satisfying their personal, domestic or communal
needs, or for educational or ceremonial purposes or other traditional purposes, and which do
not have a commercial purpose”.
10 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
Daily cultural fishing needs are currently provided for by the Aboriginal Cultural Fishing
Interim Access Arrangement which allows for extended bag and possession limits, as well as
other special arrangements, for cultural fishing activities. Special provisions also exist under
the Act to accommodate access to fisheries resources beyond what the current cultural
fishing rules provide for (for events such as for a large cultural gathering or ceremonies).
Aboriginal cultural fishing activity and possession of fish and/or fishing gear must comply
with the current fisheries legislation i.e. size limits of fish as prescribed in the FM (G)
Regulation apply to Aboriginal cultural fishing activities.
Further information can be found on the NSW DPI website at
www.dpi.nsw.gov.au/fishing/aboriginal-fishing
2.7.3 Policy for Fisheries Resource Sharing in NSW
The Ministerial Fisheries Advisory Council (MFAC) has developed a policy - Fisheries Resource
Sharing in NSW - to assist decision making on sharing the State's sustainably exploitable
fisheries resources between the various commercial, recreational, charter and Aboriginal
cultural fishing sectors in accordance with the objects of the Act.
Further information can be found on the NSW DPI website at
https://www.dpi.nsw.gov.au/fishing/consultation/supporting-documents/fisheries-resource-
re-allocation-proposals
2.8 Governing legislation
Relevant current legal instruments include:
Fisheries Management Act 1994
Fisheries Management (General) Regulation 2010
Fisheries Management (Supporting Plan) Regulation 2006
Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation
2006
3. Management
3.1 Commercial Fisheries Business Adjustment Program
The OTL Fishery has recently been through one of the most comprehensive reforms in its
history, known as the Commercial Fisheries Business Adjustment Program (BAP). The object
of the BAP was to provide greater certainty and ensure the long-term viability and
sustainability of the NSW commercial fishing industry.
As a result, new consultation and governance arrangements apply, the number of
shareholders in the OTL Fishery has been rationalised, and new share linkages (including
implementing TACs as described in this submission) have been fully implemented, with the
process to streamline current management controls to improve fishing efficiency now
underway through consultative process.
11 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
3.1.1 Share class linkage arrangements
Implemented share linkage arrangements in the OTL Fishery are characterised by increases in
minimum shareholding requirements, changes to gear allowances and the introduction of
catch quotas for Spanner crab (southern zone) and Line fishing (eastern zone) (Table 6).
Table 6 Summary of the OTL Fishery share linkage decisions
Share Class Share Linkage
Demersal fish trap a) Increased minimum shareholding from 40 to 50 shares.
b) Extra 10 fish traps for every additional 20 shares held above the minimum
shareholding.
Line fishing western zone a) Increased minimum shareholding from 40 to 60 shares.
Line fishing eastern zone a) Minimum shareholding as per current arrangements.
b) A catch quota for Bass Groper, Blue-eye Trevalla, Gemfish, Hapuku, Pink
Ling, and Bigeye Ocean Perch) commenced from 1 May 2019
c) New species quota shares issued for allocation of catch quota.
d) Extra 1200 hooks for each additional 40 shares held above the minimum
shareholding.
Spanner crab northern zone a) Northern and southern zones merged into a single catch quota managed
fishery from 1 July 2019.
Spanner crab southern zone b) New spanner crab quota shares issued for allocation of catch quota.
c) Maximum 40 and 30 spanner crab nets (dillies) to be used by respective
endorsement holders in the northern and southern zones.
School and gummy shark Minimum shareholding as per current arrangements.
3.2 Catch quota system for Spanner crab (northern zone)
A catch quota system for the spanner crab northern zone sector of the OTL Fishery was
implemented on 1 July 2015. An interim total commercial catch limit of 164,124 kilograms
was set and individual transferable quotas were allocated to fishers based on their
shareholdings.
The quota system merged into a single catch quota managed fishery from 1 July 2019.
3.3 Marine estate reforms
The NSW marine estate includes the ocean, estuaries, coastal wetlands (saltmarsh, mangroves
and seagrass), coastline including beaches, dunes and headlands, coastal lakes and lagoons
connected to the ocean and islands including Lord Howe Island. It extends seaward out to
three nautical miles and from the Queensland border to the Victorian border.
In March 2013, in response to the Report of the Independent Scientific Audit of Marine Parks in
NSW, the NSW Government announced a new approach to managing the marine estate,
driven by two new advisory bodies established under the Marine Estate Management Act
2014 – the Marine Estate Management Authority (MEMA) to oversee management of the
marine estate with expert advice from the independent Marine Estate Expert Knowledge
Panel.
12 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
The MEMA developed a Threat and Risk Assessment Framework to provide a robust and
transparent process for identifying threats and risks to the marine estate. The framework
outlines how to conduct assessments to account for threats and risks to environmental,
economic and social benefits associated with the marine estate that contribute to community
wellbeing.
The MEMA completed an evidence-based threat and risk assessment for the NSW marine
estate in accordance with the Threat and Risk Assessment Framework. The NSW Marine Estate
Threat and Risk Assessment Threat and Risk Assessment Final Report is a key input to the
Marine Estate Management Strategy 2018 – 2028.
3.3.1 NSW Marine Estate Management Strategy 2018 - 2028
The NSW Marine Estate Management Strategy 2018-2028 outlines strategies to protect and
enhance waterways, coastline and estuaries over the strategy period.
Actions in the Strategy have been determined by:
the range of values people have for the marine estate – social, cultural, environmental
and economic
how to tackle the most significant threats to these values (identified in the statewide
Threat and Risk Assessment)
widespread stakeholder and community feedback.
The Strategy delivers outcomes through the following initiatives:
Improving water quality and reducing litter
Delivering healthy coastal habitats with sustainable use and development
Planning for climate change
Protecting the Aboriginal cultural values of the marine estate
Reducing impacts on threatened and protected species
Ensuring sustainable fishing and aquaculture
Enabling safe and sustainable boating
Enhancing social, cultural and economic benefits
Delivering effective governance
Further information is available at https://www.marine.nsw.gov.au/marine-estate-
programs/marine-estate-management-strategy
3.4 Compliance
The Fisheries Compliance Unit (FCU) is focused on optimising compliance with the Act, the
Marine Estate Management Act 2014 and their associated regulations. The FCU uses project
tasks and sub-programs, covering functional areas such as aquaculture and commercial
fishing, to achieve risk-based regulation and compliance objectives through education and
enforcement. The FCU is separated into seven geographic compliance zones, with a State-
wide Operations and Investigations Group that undertakes major/complex investigations, and
the Conservation and Aquaculture Group that provides specialist capabilities in aquatic
habitat compliance management. The FCU also provides compliance services to five of the six
marine parks in NSW. Prosecutions are an important tool in providing effective deterrence
and are also managed by the FCU, utilising a detailed prosecution management and review
process.
13 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery The FCU has consistently demonstrated its ability to operate as an effective, safe and innovative regulator, dealing with a large and sectorial client base. The FCU operates across a geographically wide, challenging and inherently dangerous environment with many ‘moving’ targets. It has also shown its operational flexibility recently in performing non-traditional operational and technical roles, including significant contributions to shark mitigation strategies to help address broader NSW Government initiatives. The FCU contribute to a range of national and international fisheries compliance forums to help develop strategies to combat illegal, unregulated and unreported fishing. NSW DPI Fisheries Compliance Plans are regularly reviewed for progress against the objectives of the Australian Fisheries National Compliance Strategy (AFNCS). The AFNCS is used as a reference in developing local compliance strategies and plans to ensure a consistent approach to fisheries compliance throughout Australia complementing the National Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. In July 2016 the Department for Industry created a Resources Regulator to undertake compliance and enforcement for a broad range of activities in the resource sector, including commercial and recreational fishing. The Resources Regulator Advisory Committee has been established to oversee and advise on major enforcement actions, providing confirmation to the community that these matters are conducted under law and without fear or favour. The FCU have briefed the Committee on the regulatory approach of NSW DPI Fisheries Compliance and the opportunities for improvement. The FCU are early adopters of the Quality Regulatory Services Initiative (QRSI), and the design of Fisheries Annual District Compliance Plans has been reviewed and revised several times, to improve its effectiveness as an outcomes-focused fisheries compliance management tool. Recent efforts in developing an 'analytics' environment have also allowed the FCU to better identify changes in compliance activity and outcomes over time. Regular analysis of compliance data is undertaken to review the effectiveness of compliance initiatives. To support risk-based compliance, functionality has been embedded into business processes (i.e. inspections) to identify and address knowledge gaps in fishing rules, support for fisheries management arrangements and reasons for non-compliance. These insights have been converted to actions addressing damaging behaviours through education and targeted enforcement. A copy of the Fisheries Compliance Enforcement Policy and Procedure along with other compliance statistics can be found on the NSW DPI website at https://www.dpi.nsw.gov.au/fishing/compliance/fisheries-compliance-enforcement 3.4.1 Compliance rates The annual rate of compliance in the OTL Fishery is calculated using information from quality inspections reflected on program activity reports that are completed by NSW DPI Fisheries Officers when undertaking inspections of fishers and fishing gear in the OTL Fishery (Table 7). 14 | NSW Department of Primary Industries, April 2021
Assessment of the NSW Ocean Trap and Line Fishery
Table 7 Rates of compliance in the OTL Fishery
Year Compliance rate
2016/17 81.48%
2017/18 77.82%
2018/19 86.07%
2019/20 88.71%
3.5 Consultation processes
New consultation arrangements for NSW commercial fisheries have been introduced since
November 2012 following the Independent Report into NSW Commercial Fisheries Policy,
Management and Administration.
Further information on consultation arrangements is available on the DPI website at
https://www.dpi.nsw.gov.au/fishing/commercial/consultation
3.5.1 Ministerial Fisheries Advisory Committee
The MFAC has been established to provide the Minister for Primary Industries with high-level
strategic policy advice on issues relating to the management of fisheries resources in NSW.
This will include broad advice to assist with the management of commercial fishing,
recreational/charter fishing and Aboriginal cultural fishing as well as issues which impact
across fisheries and sectors such as resource sharing, co-management, cost recovery and
ecosystem-based fisheries management.
3.5.2 Commercial Fishing NSW Advisory Council
The Commercial Fishing NSW Advisory Council (Commfish NSW) is established to provide
greater industry representation and input to the Minister for Primary Industries on strategic
and policy issues relating to the commercial fishing industry in NSW.
The Council operates under a Charter which sets out the objectives and mode of operation of
the Council and the roles and responsibilities of members.
3.5.3 Working groups
Task based working groups are formed on an as needs basis to provide expert advice on
specific issues. Once the task assigned to the working group is complete the working group
will be disbanded. Working group members are appointed by the Deputy Director General,
DPI Fisheries based on skill and expertise relevant to the tasks assigned to the working group.
The policy - Fisheries non-statutory working groups: Establishment and Governance is
designed to ensure that working groups are established and operated in a consistent,
efficient and effective manner in line with best practice governance arrangements.
15 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
3.6 Cross jurisdictional management arrangements
NSW DPI continues to work with the Commonwealth and Fisheries Queensland to develop
complementary arrangements for shared resources. For example:
NSW DPI and the Australian Fisheries Management Authority are working co-
operatively to address key Offshore Constitutional Settlement (OCS) issues including
rationalising the management of commercial fisheries that harvest fish stocks shared
with other jurisdictions, which are governed by existing OCS agreements.
The NSW Strategy to assist the rebuilding of Harrisson’s and southern dogfish
populations includes management actions that complement the Commonwealth
Upper-slope Dogfish Management Strategy.
NSW DPI provides data for assessments by Commonwealth Resource Assessment
Groups for species which occur off NSW.
NSW DPI is a participant in the development of the National Plan of Action for
Reducing the Incidental Catch of Seabirds in Australian Fisheries (NPOA- Seabirds).
NSW DPI is a participant in the Australian Fisheries Management Forum (AFMF).
3.7 Threatened, endangered and protected species
Chapter B2.5 (Risk Analysis of Threatened and Protected Species) of the EIS identified species
determined to be threatened and protected under the Act, Threatened Species Conservation
Act 1995 and the EPBC Act 1999, that may interact with the OTL Fishery, and potential direct
and indirect impacts. The EIS found that of the 18 threatened species of fish (at that time), 15
were at low or low-moderate risk from the current operation of the OTL Fishery. The
remaining three species, Greynurse shark (Carcharias taurus), Black Rockcod (Epinephelus
daemelii) and White Shark (Carcharadon carcharias) were determined to be high, moderately-
high and moderate risk respectively. The risk of the OTL Fishery to threatened and protected
species of birds, marine mammals and reptiles was assessed as moderately low.
Further assessment of the OTL fishery has been undertaken through the NSW Marine Estate
Statewide Threat and Risk assessment. Further information is available at
https://www.marine.nsw.gov.au/marine-estate-programs/threat-and-risk-assessment
In May 2012 Scalloped Hammerhead Shark (Sphyrna lewini) was listed as an endangered
species and the Great Hammerhead Shark (Sphyrna mokarran) was listed as a vulnerable
species under the Act. Offences apply for buying, selling, possessing or harming a Great
Hammerhead or Scalloped Hammerhead Shark or for damaging their habitat without a
specific permit, licence or other appropriate approval. Any incidentally caught Great
Hammerhead or Scalloped Hammerhead Sharks must be immediately released with least
possible harm, or if deceased, must be discarded.
In June 2013 Harrisson’s Dogfish (Centrophorus harrissoni) and Southern Dogfish (C.
zeehaani) were listed as Conservation dependent under the EPBC Act.
3.7.1 Frequency and nature of interactions
Mandatory reporting of threatened and/or protected species interactions was implemented
in the OTL Fishery in 2005. Interactions as reported by endorsements holders in the OTL
Fishery for the period 2016/17 – 2019/20 are provided in Table 8.
16 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
Table 8 Threatened and/or protected species interactions as reported by endorsement
holders in the OTL Fishery
Total interactions
Year Endorsement Method Species Type of interaction
reported in year
Caught, discarded
Black Rockcod 2
healthy
Handline
Caught, discarded
Queensland Groper 1
healthy
Line fishing
western zone
2016/17 Great White Shark Sighted, not caught 1
Caught, discarded
Trolling Great White Shark 1
Healthy
Demersal fish Contact with gear,
Demersal fish trap Whale 1
trap not caught
Line fishing Contact with gear,
Dropline Humpback Whale 1
eastern zone not caught
2018/19
Demersal fish Caught, released
Demersal fish trap Black Rockcod 1
trap distressed
Caught, released
Black Rockcod 1
healthy
Demersal fish
2019/20 Demersal fish trap
trap
Black Rockcod Caught, released 2
distressed
3.7.2 Scientific observer program
A cross-fishery scientific observer program is in place to inform composition and levels of
bycatch in NSW commercial fisheries. The program focuses on one fishery or fishing method
at a time. The order in which commercial fisheries are examined is based on risk and applying
multi-criteria decision analysis.
The scientific observer program was expanded as part of the NSW Marine Estate Management
Strategy 2018 -2028 to better understand threats associated with bycatch and interactions
with threatened, endangered and protected (TEP) species in high and moderate risk
commercial fisheries.
Interactions between the OTL Fishery and TEP species have been observed during three
observer programs:
1. Observer-based survey of the OTL – Line Fishing West Zone (in progress). Commenced
September 2019 proposed end date 30 June 2021. To date, 275 trips have been observed
from ocean zones 1-5 (Queensland border to Newcastle) with a total of two interactions
with TEP species reported (1 x Greynurse shark, 1 x Scalloped hammerhead shark, both
released alive).
17 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
2. The ‘NSW Observer-based Study of Commercial Line Fishing in Waters off NSW’
(Macbeth and Gray, 2015) provides information about interactions between handline,
dropline and set/trotline fishing gears and threatened and/or protected species based on
307 observed fisher days over a two year period. Instances of interactions observed were
rare with none resulting in confirmed mortality. The following interactions with
threatened and/or protected species were observed:
Two Greynurse sharks were caught during separate set/trotline fisher days. Both were
hooked during overnight gear-sets and released alive upon gear retrieval.
Four White Sharks were hooked via set/trotline. Notes from observers indicated that
all were alive upon release.
Two Eastern Blue Devils were caught and discarded during one set/trotline fisher day.
Three Eastern Blue Gropers were caught and discarded during two separate
set/trotline fisher days.
One Black Rockcod was caught and discarded during a handline fisher day.
A Short-tailed Shearwater was hooked through the beak during a handline fisher day.
The bird was retrieved to the fishing vessel, manually de-hooked and immediately
released alive.
One Humpback Whale swam into a deployed line during a handline fisher day. The
interaction was brief and visual monitoring indicated the animal was not noticeably
distressed by the interaction.
Since completion of the field sampling phase of the line fishing observer study, Scalloped
Hammerhead Shark was listed as an endangered species and the Great Hammerhead Shark
was listed as a vulnerable species under the Act, and Harrisson’s and Southern Dogfish were
listed as Conservation dependent under the EPBC Act. The following interactions with these
species were observed:
Two Great Hammerhead sharks were caught and retained on separate set/trotline
fisher days.
15 Southern Dogfish were caught and discarded during one set/trotline fisher day,
two caught and retained during another set/trotline fisher day, and three caught and
retained during three separate dropline fisher days
14 Harrisson’s Dogfish were caught and retained during dropline fisher days.
Macbeth et al. (2009) presents detailed set/trotline catch data for Great Hammerhead and
Scalloped Hammerhead Shark observed as part of the shark fishing observer study.
3. The ‘Observer-based survey of commercial shark fishing in coastal waters of northern
New South Wales’ (Macbeth et.al., 2009) provided an intensive program of observer
sampling onboard commercial line fishing trips specifically targeting large sharks in NSW
waters north of Crowdy Head. The following interactions with threatened and/or
protected species were observed:
Five Greynurse sharks* were hooked during the observed commercial shark fishing
trips. These interactions occurred on three of the 114 targeted shark fishing days
observed.
18 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
Six White Sharks* were hooked during the observed commercial shark fishing trips.
Two Green Turtles were hooked during the observed commercial shark fishing trips.
* The ‘NSW Observer-based Study of Commercial Line Fishing in Waters off NSW’ (Macbeth
and Gray, 2015) ran concurrently to the shark fishing observer study and it should be noted
that the five Greynurse shark interactions recorded as part of the shark fishing observer study
includes the two reported in the line fishing observer study, while the White Shark
interactions recorded as part as the shark fishing observer study includes three of the four
reported in the line fishing observer study.
3.7.3 Management actions taken to reduce interactions and results of such
actions
NSW DPI implemented mandatory reporting of threatened and/or protected species
interactions for all commercial fisheries in 2005 and a cross-fishery scientific observer
program (refer to 4.3 Monitoring programs).
Direct management actions implemented in the OTL Fishery to reduce interactions with
threatened and/or protected species include:
Maximum limit of fish traps that may be used at any one time.
Maximum numbers of hooks that may be used at any one time, applying to any line
fishing method.
A number of gear restrictions applying in or near critical habitat of Greynurse shark.
Mandatory use of circle hooks on all set lines.
Prohibition on the use of bottom set lines with wire trace line in waters within 3
nautical miles of NSW coastal baselines.
Implementation of a number of fishery closures specific to Greynurse Shark.
A commercial weekly and total catch limit applying to certain shark species.
3.7.3.1 Management arrangements for upper-slope dogfish species
Management arrangements are in place to reduce interactions and mortality associated with
the capture of four species of upper-slope dogfish – Harrisson’s Dogfish, Endeavour Dogfish
(Centrophorus moluccensis), Southern Dogfish and Greeneye Spurdog (Squalus cholorculus).
The arrangements include a 0-kilogram trip limit for Harrison’s dogfish and Southern dogfish,
a 15 kilogram whole weight limit for Endeavour dogfish and Greeneye spurdog using certain
methods, and spatial closures. Further details can be found on the NSW DPI website at
https://www.dpi.nsw.gov.au/fishing/closures/commercial/ocean-trap-and-line-fishery-
closures
3.7.4 Priorities Action Statement
As part of a process for amending threatened species legislation in NSW, the Act was
amended in 2004 to include a requirement for the Director-General of NSW DPI to prepare
and adopt Priorities Action Statements (PAS) for threatened species, populations, ecological
communities and key threatening processes listed on the schedules of the Act.
19 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
The PAS:
Sets out the strategies and actions for promoting the recovery of each threatened
species, population and ecological community to a position of viability in nature and
for managing each key threatening process;
Establishes priorities for implementation of recovery and threat abatement strategies;
Establishes performance indicators to facilitate reporting on achievements in
implementing recovery and threat abatement strategies and their effectiveness.
Contains a status report for each species, population, ecological community and key
threatening process under the Act.
Sets out a timetable for recovery and threat abatement planning and achievement.
A PAS has been developed for:
Greynurse Shark - listed as a critically endangered species under the Act. The PAS actions for
this species prioritise the actions contained within the National Recovery Plan for Greynurse
sharks.
Scalloped Hammerhead Shark - listed as an endangered species under the Act. The PAS
actions for this species include, among other things, development of educational and
advisory material to improve species identification. NSW DPI has produced a Hammerhead
Shark identification guide to assist fishers to accurately identify all three species of
Hammerhead Sharks that occur in NSW waters.
Great Hammerhead Shark - listed as a vulnerable species under the Act. The PAS actions for
this species include, among other things, development of educational and advisory material
to improve species identification. NSW DPI has produced a Hammerhead Shark identification
guide to assist fishers to accurately identify all three species of Hammerhead Sharks that
occur in NSW waters.
Great White Shark - listed as a vulnerable species under the Act. The PAS actions for this
species prioritise the actions contained within the National Recovery Plan for Great White
Sharks.
Black Rockcod - listed as a vulnerable species under the Act. The PAS actions for this species
are taken from the approved NSW Black Rockcod Recovery Plan.
Further information can be found on the NSW DPI website at
www.dpi.nsw.gov.au/fishing/species-protection/priorities-action-statement
3.7.4.1 Black Rockcod Recovery Plan
A recovery plan has been developed to promote the recovery of black rockcod in NSW to an
extent where it can eventually be de-listed from the Schedules of the Act. The plan
summarises the current state of knowledge of the species and uses a risk assessment
framework to identify the threats to the species and rank them in terms of highest to lowest
risk. This process is used to identify and prioritise recovery actions to address these risks with
the aim of ensuring the recovery of Black Rockcod populations in NSW.
A copy of the recovery plan can be found on the NSW DPI website at
www.dpi.nsw.gov.au/__data/assets/pdf_file/0006/636351/Black-Rockcod-recovery-plan.pdf
20 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trap and Line Fishery
4. Research and Monitoring
4.1 Research priorities
The NSW DPI Strategic Plan 2019-2023 establishes strategic objectives for DPI’s role in
creating stronger primary industries in NSW. NSW DPI undertakes and facilitates research on
aquatic animals and plants, and their habitats and ecosystems to ensure management receive
the best scientific advice to make informed decisions.
Further information on research programs and outputs can be found on the DPI website at
https://www.dpi.nsw.gov.au/content/research/fishing-aquaculture
4.2 Relevant research
Scientific outputs and NSW DPI published research findings relevant to the OTL Fishery can
be found on the NSW DPI website at https://www.dpi.nsw.gov.au/content/research/fishing-
aquaculture#Research-findings
Examples of scientific outputs and NSW DPI published research findings relevant to the OTL
Fishery include:
Survey of Recreational Fishing in New South Wales 2017/18 (Murphy, et al 2020)
Assessment of barotrauma and its mitigation measures on the behaviour and survival
of snapper and mulloway (Hughes and Stewart 2013).
Review of existing snapper (Pagrus auratus) stock structure knowledge (FRDC 2016)
Movements and mortality of two commercially exploited carcharhinid sharks
following longline capture and release off eastern Australia (Barnes, et. al., 2016).
At vessel mortality and blood biochemical status of elasmobranchs caught in an
Australian commercial longline fishery (Butcher, et.al., 2015).
NSW Observer-based Study of Commercial Line Fishing in Waters off NSW (Macbeth
and Gray, 2015).
Temporal hooking variability among sharks on south-eastern Australian demersal
longlines and implications for their management (Broadhurst et. al., 2014).
Resilience of inshore, juvenile snapper (Pagrus auratus) to angling and release
(Broadhurst, et.al., 2012).
NSW DPI recently completed a Fisheries Research and Development Corporation (FRDC)
funded project titled Shark Futures: sustainable management of the NSW whaler shark fishery.
The report is due to be finalised in 2021. The project aims to provide information on:
(1) stock structure and effective population size to enable a sustainable total allowable
catch to be set,
(2) methods to reduce unwanted catch thereby minimizing environmental impact, and
(3) movements of target species to enable equitable State-wide access to the resource
for fishers while providing temporal-spatial management options to improve risk-
management of shark fishing in NSW.
The project objectives are:
Genetically resolve the effective population size of dusky and sandbar sharks targeted
in the OTL Fishery;
21 | NSW Department of Primary Industries, April 2021You can also read
