Assessment of the NSW Sea Urchin and Turban Shell Fishery

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Assessment of the NSW Sea Urchin and Turban Shell Fishery
Assessment of the NSW Sea Urchin and
Turban Shell Fishery
Assessment of the NSW Sea Urchin and Turban Shell Fishery

Published by the NSW Department of Primary Industries
Assessment of the NSW Sea Urchin and Turban Shell Fishery - Prepared for the Department of the
Environment for the purpose of assessment under Part 13 and 13(A) of the Environment Protection
and Biodiversity Conservation Act 1999
First published August 2018
More information
Fiona McKinnon, Fisheries NSW
www.dpi.nsw.gov.au
OUT18/11264

© State of New South Wales through the Department of Industry, 2018. You may copy, distribute and otherwise freely deal with
this publication for any purpose, provided that you attribute the NSW Department of Primary Industries as the owner.
Disclaimer: The information contained in this publication is based on knowledge and understanding at the time of writing
(August 2018). However, because of advances in knowledge, users are reminded of the need to ensure that information upon
which they rely is up to date and to check currency of the information with the appropriate officer of the Department of Primary
Industries or the user’s independent adviser.
Assessment of the NSW Sea Urchin and Turban Shell Fishery

Contents

1     Introduction ....................................................................................................................................................... 4
2     Description of the fishery ............................................................................................................................. 5
2.1       Species ............................................................................................................................................................ 5
    2.1.1         Sea Urchin ............................................................................................................................................ 5
    2.1.2         Turban shell ......................................................................................................................................... 5
2.2       Method of harvesting................................................................................................................................ 5
2.3       Fishing area ................................................................................................................................................... 5
2.4       Management arrangements ................................................................................................................... 6
    2.4.1         Input controls ...................................................................................................................................... 6
      2.4.1.1          Limited Access ................................................................................................................................ 6
      2.4.1.2          Area closures................................................................................................................................... 6
    2.4.2         Output controls .................................................................................................................................. 6
      2.4.2.1          Quota management ..................................................................................................................... 6
      2.4.2.2          Size limits ......................................................................................................................................... 6
2.5       Number of fishers ....................................................................................................................................... 6
2.6       Allocation between sectors ..................................................................................................................... 6
    2.6.1         Recreational fishing .......................................................................................................................... 7
    2.6.2         Aboriginal cultural fishing .............................................................................................................. 7
    2.6.3         Policy for Fisheries Resource Sharing in NSW ........................................................................ 7
2.7       Governing legislation ................................................................................................................................ 7
3     Management ..................................................................................................................................................... 8
3.1       Licensing arrangements ........................................................................................................................... 8
    3.1.1         Licensing conditions specific to SUTS endorsements .......................................................... 8
    3.1.2         NSW Commercial Fisheries Administration Guide ................................................................ 9
3.2       Legislation...................................................................................................................................................... 9
    3.2.1         Fisheries Management (General) Regulation 2010 ............................................................... 9
      3.2.1.1          Real time quota reporting ....................................................................................................... 10
3.3       Fishing closures ......................................................................................................................................... 10
    3.3.1         Intertidal Protected Areas............................................................................................................. 12
3.4       Total allowable commercial catch ...................................................................................................... 13
3.5       Marine estate reforms ............................................................................................................................. 13
    3.5.1         NSW Marine Estate Management Strategy ........................................................................... 13

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Assessment of the NSW Sea Urchin and Turban Shell Fishery

    3.5.2            Hawkesbury Shelf marine bioregion assessment ................................................................ 14
3.6         Compliance ................................................................................................................................................. 14
    3.6.1            Compliance rates ............................................................................................................................. 15
3.7         Consultation processes........................................................................................................................... 16
    3.7.1            Ministerial Fisheries Advisory Committee .............................................................................. 16
    3.7.2            Commercial Fishing NSW Advisory Council .......................................................................... 16
    3.7.3            Working groups ............................................................................................................................... 16
    3.7.4            Total Allowable Fishing Committee .......................................................................................... 17
3.8         Cross jurisdictional management arrangements .......................................................................... 17
3.9         Interaction with threatened or protected species ........................................................................ 17
    3.9.1            Frequency and nature of interactions ...................................................................................... 17
    3.9.2            Management actions taken to reduce interactions and results of such actions ..... 17
    3.9.3     Compliance with TAPs, recovery plans, etc. and also relevant domestic and
    international arrangements ............................................................................................................................ 17
4       Research and Monitoring ........................................................................................................................... 18
4.1         Research priorities .................................................................................................................................... 18
4.2         Results of any research completed relevant to the fishery ....................................................... 18
4.3         Monitoring programs .............................................................................................................................. 18
    4.3.1            Resource Assessment Framework ............................................................................................. 18
    4.3.2            Collection of catch and effort data ........................................................................................... 19
    4.3.3            Port monitoring ................................................................................................................................ 19
5       Catch data ........................................................................................................................................................ 19
5.1         Total catch and value of the SUTS Fishery ...................................................................................... 19
5.2         Harvest by each sector............................................................................................................................ 20
    5.2.1            Recreational fishing ........................................................................................................................ 20
    5.2.2            Aboriginal cultural fishing ............................................................................................................ 20
    5.2.3            Illegal fishing ..................................................................................................................................... 20
6       Status of target stock ................................................................................................................................... 21
7       Impacts of the fishery on the ecosystem.............................................................................................. 21
7.1         Results of any Ecological Risk Assessments ................................................................................... 21
7.2         Management actions taken to reduce the impacts ..................................................................... 22
8       Report against SUTS Fishery conditions and recommendations of WTO declaration........ 23
9       References ........................................................................................................................................................ 25
Appendix 1 ................................................................................................................................................................ 26

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Assessment of the NSW Sea Urchin and Turban Shell Fishery

1 Introduction
This submission has been prepared by the NSW Department of Primary Industries (NSW
DPI) on behalf of endorsement holders in the NSW Sea Urchin and Turban Shell Restricted
Fishery (the SUTS 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 SUTS Fishery for assessment under Part 13 and Part
13(A) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
Information provided is based on the headings contained within 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.
Table 1: Summary of the SUTS Fishery

Area                       NSW waters

Management Controls        Limited entry
                           Total allowable commercial catch applied to red sea urchins only
                           Minimum size limits
                           Regulated closed waters

Target species             Purple sea urchin (Centrostephanus rodgersii)
                           Red sea urchin (Heliocidaris tuberculata)

Fishing units              37 fishing businesses

Catch (2017)               Purple sea urchin – 79.7 tonnes (t)
                           Red sea urchin – 19 t
                           Military turban shell – 6.6 t
                           Sydney turban shell – 2 t
                           Other Turban shell – 5.2 t

Value (2017)               $742,072

Stock Status               Purple sea urchin – Moderately Fished
                           Green sea urchin – Uncertain
                           Red sea urchin – Uncertain
                           Turban shells – Undefined

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Assessment of the NSW Sea Urchin and Turban Shell Fishery

2 Description of the fishery
The commercial harvest of sea urchins and turban shells is managed as one fishery in NSW.
For the purposes of this submission, the fishery comprises the Sea Urchin and Turban Shell
Restricted Fishery as declared under Division 1 of Part 9 of the Fisheries Management
(General) Regulation 2010 (the FM(G) Regulation) and pursuant to section 111 of the Fisheries
Management Act 1994 (the FM Act).

2.1 Species

2.1.1 Sea Urchin

There are three main species of sea urchin found in NSW that are targeted by the SUTS
Fishery:
•   Purple sea urchin Centrostephanus rodgersii
•   Red sea urchin Heliocidaris tuberculata
•   Green sea urchin H. erythrogramma
The main target species are C. rodgersii and H. tuberculata, with only small commercial
catches of H. erythrogramma recorded.

2.1.2 Turban shell

Two species provide the majority of the commercial harvest of turban shells in NSW, the
Sydney turban shell (Turbo torquatus) and the Military turban shell (T. militaris). A third
species, the green turban shell (T. undulatus), is less commonly taken.

2.2 Method of harvesting
Commercial fishers dive for sea urchins and turban shells using mainly surface supplied
compressed air (hookah). Because of their shallow habitat, turban shells are sometimes taken
by free diving. Sea urchins are removed using a hook, whilst turban shells are taken by hand.
Most fishing operations comprise a diver and deck-hand/compressor operator. Some fishers
operate alone, particularly free divers.

2.3 Fishing area
Sea urchins and turban shells may be taken commercially and recreationally in all NSW
waters except for those waters, as specified in the FM (G) Regulation, in which the taking of
sea urchins and turban shells are prohibited (refer to 3.3 Fishing closures below).
The SUTS Fishery is also subject to a range of spatial closures arising from the comprehensive
network of marine protected areas that include marine parks (pursuant to the NSW Marine
Parks Act 1979), aquatic reserves and intertidal protected areas (pursuant to the FM Act).

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Assessment of the NSW Sea Urchin and Turban Shell Fishery

2.4 Management arrangements
The SUTS Fishery is managed under the FM Act and regulations made under this Act. NSW
DPI is the State Government agency responsible for the administration of the FM Act. The
SUTS Fishery is managed by a combination of input and output controls.

2.4.1 Input controls

2.4.1.1 Limited Access

Access to the SUTS Fishery is limited to fishing business owners that are eligible for an
endorsement (authorising the take sea urchin and/or turban shell) in the fishery, or their
nominated fisher. Only one person is eligible for an endorsement in respect of each fishing
business.

2.4.1.2 Area closures

A number of fishing sub-zones have been closed to the SUTS Fishery since 1994 to provide
reference points for stock assessment purposes and as refugia (refer to 3.3 Fishing closures
below). There are no seasonal closures.

2.4.2 Output controls

2.4.2.1 Quota management

The commercial harvest of red sea urchins is subject to an annual Total Allowable
Commercial Catch (TACC) of 60 tonnes. The TACC is set by the statutory and independent
Total Allowable Fishing Committee (the TAF Committee) established under the FM Act. The
TACC is divided equally between all endorsement holders in the SUTS Fishery and the
resulting individual quotas are allocated on an annual basis.

2.4.2.2 Size limits

There is currently no minimum or maximum size limit for the three species of sea urchins.
A minimum size limit of 75 mm (shell diameter) applies to Sydney and Military turban shells.

2.5 Number of fishers
There are currently 37 fishing businesses with endorsements to operate in the SUTS Fishery,
with 26 of those fishing businesses reporting catch in 2017.

2.6 Allocation between sectors
Sea urchin and turban shell are not permitted to be taken in any other NSW commercial
fishery.

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Assessment of the NSW Sea Urchin and Turban Shell Fishery

2.6.1 Recreational fishing

Limitations on the capture of all sea urchin and turban shell species are employed to
minimise localised depletion caused by recreational harvesting. Recreational fishers are
subject to a bag limit of 10 sea urchins (all species combined), and bag and size limits exist
for all species of molluscs, to which the turban shell family relate, including a limit of 20 of
any species or a combination of any species and a minimum size limit of 75 mm shell
diameter (for Sydney and military turban shells). Intertidal Protected Areas (IPA) have also
been established in nine areas around Sydney to protect selected rocky habitats and
intertidal species.

2.6.2 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”. 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

2.6.3 Policy for Fisheries Resource Sharing in NSW

The Ministerial Fisheries Advisory Council (MFAC) has developed the 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
www.dpi.nsw.gov.au/fishing/consultation/fisheries-resource-re-allocation-proposals

2.7 Governing legislation
Relevant current legal instruments include the Fisheries Management Act 1994 and the
Fisheries Management (General) Regulation 2010.

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Assessment of the NSW Sea Urchin and Turban Shell Fishery

3 Management
3.1 Licensing arrangements

3.1.1 Licensing conditions specific to SUTS endorsements

Licensing conditions are applied to a fishery where there is a need to further clarify aspects of
the management of the fishery to ensure sustainability and provide compliance-based
provisions. Table 2 describes the licensing conditions specific to the SUTS Fishery.
Table 2: Licensing conditions specific to the SUTS Fishery

(a) Not on any day undertake any fishing activity unless he/she has contacted the local fisheries office
prior to leaving port and reported his/her intended fishing location that day and from which boat
ramp the boat will be launched.

(b) Carry a suitable measuring device when in possession of, or when attempting to take turban shell,
to facilitate compliance with the prescribed minimum size.

(c) Upon returning to port, contact the local fisheries office to inform them of the location and time of
landing and approximate catch.

(d) The license holder shall not permit any abalone endorsement holder to operate from an LFB being
used by the license holder, unless the license holder is also endorsed in the Abalone Fishery.

(e) Not use an unlicensed crew member in a boat being used by the endorsement holder for the taking
of sea urchins or turban shell, except to operate the boat or other equipment on the boat.
Note: an unlicensed crew member is not authorised to take sea urchin or turban shell from the fishery
on the endorsement holder’s behalf.

(f) Not, within the waters to which this Act applies, or on or in any waters adjacent thereto, transfer sea
urchin or turban shell from one boat to another boat.

(g) Not on any day undertake any fishing activity unless a DPI Sea Urchin and Turban Shell Fishery
Catch and Effort Report for that day is in his/her possession.

(h) On each day that fishing activity under the endorsement is conducted, complete and submit within
24 hours of the end of the day one or more DPI Sea Urchin and Turban Shell Fishery Daily Catch and
Effort Records as issued to the fishing business owner by NSW DPI for that activity according to these
conditions and the instructions issued with the catch and effort record forms.

(i) Upon landing red urchin, Fishing Business identifying information and Part A of the DPI Sea Urchin
and Turban Shell Fishery Daily Catch and Effort Record must be completed for the red urchin catch
before the catch leaves more than 50m from the point of landing at the shore.

(j) Not loan, give or make available in any fashion to any other person/s DPI Sea Urchin and Turban
Shell Fishery Daily Catch and Effort Records issued to his/her possession.

(k) At all times keep DPI Sea Urchin and Turban Shell Fishery Daily Catch and Effort Records in a safe
place.

(l) In the event of any DPI Sea Urchin and Turban Shell Fishery Daily Catch and Effort Record books or
used DPI Sea Urchin and Turban Shell Fishery Daily Catch and Effort Records being stolen, lost,

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Assessment of the NSW Sea Urchin and Turban Shell Fishery

destroyed or damaged, immediately notify the Director-General in writing.

(m) Ensure that completed daily DPI Sea Urchin and Turban Shell Fishery Daily Catch and Effort
Records are returned to DPI within 24 hours of the weight of the catch being validated.

(n) Not on any day be in possession of any sea urchin or turban shell after such sea urchin or turban
shell have been landed in NSW unless these sea urchin or turban shell are accompanied by a DPI Sea
Urchin and Turban Shell Fishery Daily Catch and Effort Record completed in the required form.

(o) Comply with DPI research requirements for daily recording of information for research purposes, as
arranged with DPI Researchers.

(p) Not, while using any apparatus to facilitate breathing underwater, or while such equipment is on
any vessel, take or attempt to take rock lobster by any method, nor have any rock lobster in his/her
possession.

(q) Not, while using any apparatus to facilitate breathing underwater, or while such equipment is on
any vessel, take or attempt to take abalone by any method, nor have abalone in his/her possession,
unless endorsed in the Abalone Fishery.

(r) At all times comply with the requirements of the Act and the Regulations made under the Act and
abide by any instruction relating to the operation of this endorsement, given by an officer of NSW DPI.

(s) Not exercise the right to take sea urchin or turban shell for commercial purposes until the
conditions of the license have been read and understood.

3.1.2 NSW Commercial Fisheries Administration Guide

The NSW Commercial Fisheries Administration Guide summarises the administrative
arrangements for commercial fisheries in NSW and has been developed for people who
operate in the NSW commercial fishing industry and anyone else who has an interest in the
way it is managed. In particular, the guide aims to explain licensing requirements for
commercial fishing activities in NSW, and processes relevant to important administrative
transactions. The NSW Commercial Fisheries Administration Guide, January 2012, on the NSW
DPI website at www.dpi.nsw.gov.au/__data/assets/pdf_file/0009/370818/NSW-Commerical-
Fisheries-Administration-Guide.pdf

3.2 Legislation

3.2.1 Fisheries Management (General) Regulation 2010

Clauses 154 – 166 of the FM (G) Regulation provide the specific legislative arrangements
under which the SUTS Fishery is defined. In summary the provisions include:
•   Definitions of endorsements, endorsement holders, entitlement holders, nominated
    fishers and quota.
•   Declaration of the SUTS fishery as a restricted fishery.
•   The classes of endorsements in the restricted fishery (sea urchin or turban shell).
•   Eligibility criteria for endorsement in the restricted fishery.
•   Provisions for further entry into the fishery by way of public tender.

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Assessment of the NSW Sea Urchin and Turban Shell Fishery

•   Provision for the nomination of a person to act as a nominated fisher on behalf of an
    entitlement holder.
•   Provisions relating to the endorsement of commercial fishing licenses and grounds for
    refusal of an endorsement (previous convictions, failure to pay fees etc).
•   Duration of an endorsement in the restricted fishery.
•   Provisions for the cancellation or suspension of an endorsement (previous convictions,
    failure to pay fees etc).
•   Provisions for the determination of a Total Allowable Catch (TAC) by the TAF Committee.
•   Provision for the establishment of quotas in the SUTS Fishery for the equitable allocation
    of TAC.
•   Provisions and administrative procedures for the transfer of quota between entitlement
    holders.
•   Special licence conditions for licence holders who nominate fishers to ensure the
    nominated fish acts within the management provisions of the restricted fishery.
•   Waters closed to harvesting of sea urchins and turban shells.
•   Pre-fish and post land reporting requirements (refer to 3.2.1.1 Real time quota reporting
    below).

3.2.1.1 Real time quota reporting

As of 1 December 2017 fishers are required to report fishing activity and quota usage in real
time using the FisherMobile App on a mobile device. Fishers are required to use FisherMobile
to make a pre-fish report before leaving port or launching place and, if red sea urchins are
taken, the fisher must make a post-land report, reporting the validated weight (total weight
of red urchin to one decimal place).
The post-land report must be made:
1. within 30 minutes and 50m from the point of landing;
2. before transferring red sea urchin into another boat, vehicle, or premises; and
3. before any red sea urchin are moved from NSW.

3.3 Fishing closures
For management and stock assessment purposes, NSW has been divided into five fishing
regions as described in Table 3.
Table 3: Geographical areas of the SUTS Fishery management regions

Region                      Area

Region 1                    Tweed Heads to Newcastle
Region 2                    Newcastle to Currarong
Region 3                    Currarong to Brush Island
Region 4                    Brush Island to Narooma
Region 5                    Narooma to Cape Howe

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Assessment of the NSW Sea Urchin and Turban Shell Fishery

These regions are further divided into sub-zones for management purposes (See Appendix 1
for a schedule of sub-regions). A number of the fishing sub-regions have been closed to
commercial SUTS fishing since 1994 to provide reference points for stock assessment
purposes and as refugia. Coinciding with the introduction of a TACC for red sea urchins in
2002, changes were made to the system of fishing closures applied to the SUTS Fishery. New
fishing closures were introduced in areas previously subjected to intensive fishing and new
areas opened, particularly in Region 1 and 2, to spread effort along the coast.
Table 4: Waters closed to the taking of sea urchin and turban shells

Sub-zone                              Description

Sandon to Red Rock                    The whole of the waters between a line drawn east from the point
                                      153°19′57.9648″ east, 29°40′25.8456″ south, and a line drawn east
                                      from the point 153°14′03.4764″ east, 29°58′52.014″ south.
Red Rock to Coffs Harbour             The whole of the waters between a line drawn east from the point
                                      153°14′03.4764″ east, 29°58′52.014″ south, and a line drawn east from
                                      the point 153°09′11.6064″ east, 30°18′31.8888″ south.
Seal Rocks to Broughton Island        The whole of the waters between a line drawn east from the point
                                      152°32′09.9384″ east, 32°26′02.3964″ south and a line drawn east
                                      from the point 152°17′16.75″ east, 32°35′25.0044″ south.
Ex-HMAS Adelaide Reserve              The whole of the waters enclosed by the following coordinates:
                                      (a) 33°27.887′ S and 151°27.301′ E,
                                      (b) 33°27.767′ S and 151°27.374′ E,
                                      (c) 33°27.852′ S and 151°27.574′ E,
                                      (d) 33°27.973′ S and 151°27.502′ E.
Broken Bay to Sydney Harbour          The whole of the waters between a line drawn east from the point
                                      151°19′43.8888″ east, 33°34′40.7532″ south, and a line drawn east
                                      from the point 151°16′51.2508″ east, 33°49′58.152″ south.
Sydney Harbour to Bondi Beach         The whole of the waters between a line drawn east from the point
                                      151°16′51.2508″ east, 33°49′58.152″ south, and a line drawn east from
                                      the point 151°16′37.146″ east, 33°53′30.9696″ south.
Bondi Beach to Botany Bay             The whole of the waters between a line drawn east from the point
                                      151°16′37.146″ east, 33°53′30.9696″ south, and a line drawn east from
                                      the point 151°13′19.992″ east, 34°00′05.364″ south.
Bombo Beach to Werri Beach            The whole of the waters between a line drawn east of the point
                                      150°51′23.0616″ east, 34°39′26.8029″ south and a line drawn east of
                                      the point 150°50′06.7020″ east, 34°44′04.1820″ south.
Currarong to Point Perpendicular      The whole of the waters between a line drawn east from the points
                                      150°49′20.4636″ east, 34°58′58.6668″ south, and 150°49′20.4636″
                                      east, 35°00′49.5396″ south and a line drawn east from the point
                                      150°48′16.236″ east, 35°05′39.9084″ south.
Inside Jervis Bay                     The whole of the waters between a line drawn east from the point
                                      150°48′16.236″ east, 35°05′39.9084″ south, and a line drawn east from
                                      the point 150°46′06.0456″ east, 35°06′43.992″ south.
Malua Bay to Burrewarra Point         The whole of the waters between a line drawn east from the point
                                      150°13′51.1356″ east, 35°47′34.5696″ south, and a line drawn east
                                      from the point 150°14′07.7244″ east, 35°50′06.0324″ south.
Cuttagee Point to Thibbul Inlet       The whole of the waters between a line drawn east from the point
(Murrah)                              150°03′18.2196″ east, 36°29′16.6056″ south and a line drawn east
                                      from the point 150°03′27.1296″ east, 36°31′32.7576″ south.

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Sub-zone                              Description

Bithry Inlet to Barounda Inlet        The whole of the waters between a line drawn east from the point
                                      150°01′12.2052″ east, 36°37′46.8768″ south, and a line drawn east
                                      from the point 149°59′41.7444″ east, 36°41′09.3264″ south.
Mowarry Point to Saltwater Beach      The whole of the waters between a line drawn east from the point
                                      150°00′16.5996″ east, 37°08′29.1552″ south, and a line drawn east
                                      from the point 150°00′11.484″ east, 37°10′10.8336″ south.
Black Head Anchorage to Nadgee        The whole of the waters between a line drawn east from the point
Lake                                  149°58′21.5148″ east, 37°26′26.358″ south, and a line drawn east from
                                      the point 149°58′21.1764″ east, 37°27′54.9648″ south.

Other fishing closures authorised under Section 8 and Section 11 of the FM Act specific to
the SUTS Fishery can be found on the NSW DPI website at
www.dpi.nsw.gov.au/fisheries/info/closures/commercial/suts

3.3.1 Intertidal Protected Areas

Intertidal protected areas (IPAs) have been established to protect selected rocky habitats and
intertidal species. They aim to:
•   protect intertidal community biodiversity and structure;
•   provide biological reservoirs of breeding stock so exploited areas nearby can be
    recolonized or sustained; and
•   help ensure harvesting of intertidal invertebrates is undertaken at sustainable levels.
All IPAs extend from the mean high water mark to 10 meters seaward from the mean low
water mark. Collecting seashore animals, such as turban shells and sea urchins is prohibited.
Figure 1: Intertidal Protected Areas in NSW

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Assessment of the NSW Sea Urchin and Turban Shell Fishery

3.4 Total allowable commercial catch
The TAF Committee first determined a TACC of 60 tonnes for red sea urchins for the period 1
January to 31 December 2002 and in each subsequent calendar year. The TACC is allocated
equally to each endorsement in the SUTS Fishery. The TACC is capped in proportion to the
estimated biomass in each of the five management regions (Table 5).
Table 5: Regional distribution of red sea urchin TACC

Region          Area                               Sub-zones                  Annual TACC (kilograms)

Region 1        Tweed Heads to Newcastle           A – F2                     8,000
Region 2        Newcastle to Currarong             F3 – L1                    28,000
Region 3        Currarong to Brush Island          L2 – N3                    13,000
Region 4        Brush Island to Narooma            P1 – S3                    11,000
Region 5        Narooma to Cape Howe               T1 – Z5                    0

A fishing closure authorised under Section 8 of the FM Act currently prohibits the harvest of
red sea urchins in Region 5 of the SUTS Fishery giving effect to the TAF Committee’s
recommendation of 0 tonnes for this region.

3.5 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.
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.

3.5.1 NSW Marine Estate Management Strategy

In 2017 MEMA released the NSW Marine Estate Threat and Risk Assessment Report (TARA), a
state-wide threat and risk assessment for the NSW marine estate. A draft Management
Strategy was released for public engagement in late 2017, responding to the priority threats
identified in the TARA and provided a framework to coordinate the management of the
marine estate over the next ten years. The final Strategy will be released late 2018 together

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with an implementation plan and Marine Integrated Monitoring Program that will monitor
the progress of the Strategy’s actions and address key knowledge gaps.

3.5.2 Hawkesbury Shelf marine bioregion assessment

MEMA has completed an assessment of the Hawkesbury Shelf marine bioregion. The
assessment identified social, economic and environmental benefits derived by the community
from the marine estate; identified threats and risks to those benefits; evaluated current
management arrangements; and developed suggested management initiatives to address
threats to marine biodiversity while maximising community benefits. Further information can
be found on the NSW Marine Estate website at www.marine.nsw.gov.au/nsw-marine-estate

3.6 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. The FCU monitors compliance and detects around 7,000 offences per
year. Prosecutions are an important tool in providing effective deterrence and are also
managed by the FCU, utilising a detailed prosecution management and review process.
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 favor. The FCU have briefed the Committee on the

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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.
The FCU is currently developing a monthly performance reporting framework to provide
more detailed information on their compliance and enforcement activities by sector. The FCU
also features regularly at QRSI-based workshops and forums.
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 can be found on the
NSW DPI website at www.dpi.nsw.gov.au/__data/assets/pdf_file/0010/639874/Fisheries-
compliance-prosecution-policy-and-procedure.pdf

3.6.1 Compliance rates

Compliance with the fisheries legislation is measured by analysis of data recorded in fisheries
patrols and operations. Rate of compliance in the SUTS Fishery are shown in Table 6 and 7.
Table 6: Compliance rates in the SUTS Fishery

Year              Compliance        Total contacts       Comply         Non-Comply
                  Rate

2015              33.3%             21                   7              14

2016              23%               39                   9              30

2017              40.5%             37                   15             22

Total                               97                   31             66

Table 7: Compliance action in the SUTS Fishery

Compliance action                   Number                              Percentage

Field caution                       26                                  32.5%

Cancellation – no action            17                                  21.3%

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Compliance action                   Number                              Percentage

Infringement notice                 14                                  17.5%

Prosecution                         12                                  15%

Verbal caution                      11                                  13.8%

3.7 Consultation processes
New consultation arrangements for NSW commercial fisheries were introduced in November
2012 following the Independent Report into NSW Commercial Fisheries Policy, Management
and Administration.

3.7.1 Ministerial Fisheries Advisory Committee

The Ministerial Fisheries Advisory Committee (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.

3.7.2 Commercial Fishing NSW Advisory Council

The Commercial Fishing NSW Advisory Council (Commfish NSW) has been 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. Further information can be found
on the NSW DPI website at www.dpi.nsw.gov.au/fishing/consultation/ccfnswac

3.7.3 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. Further information can
be found on the NSW DPI website at www.dpi.nsw.gov.au/fishing/commercial/consultation

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3.7.4 Total Allowable Fishing Committee

The TAF Committee has responsibility under the Act for determining the annual TACC for the
SUTS Fishery.
The TAF Committee calls for public submission on the appropriate TACC under the
requirements of the Act. SUTS Fishery fishing business owners and endorsement holders,
relevant industry and community bodies and the community are invited to make submissions
on the TACC.
The TAF Committee obtains input from participants in the TACC Committee Open Forum and
receives written reports from:
•   DPI Commercial Fisheries Management
•   DPI Fisheries Compliance
•   DPI Fisheries Research
•   Participants in the SUTS Fishery
Public submissions and presentations to the TAF Committee are invited in the Open Forum
Meeting. Confidential submissions are not discussed publicly and the TAF Committee is able
to call for “in-camera” discussions, where appropriate.

3.8 Cross jurisdictional management arrangements
No formal cross jurisdictional management arrangements exist.

3.9 Interaction with threatened or protected species

3.9.1 Frequency and nature of interactions

Refer to the report Broad-scale interactions between fishing and mammals, reptiles and birds
in NSW marine waters (Ganassin and Gibbs, 2005).
The method used to harvest urchin and turban shell (by hand) in the SUTS Fishery is target
specific and there is likely to be little adverse interaction between the fishery and threatened
or protected species, or threatened ecological communities.

3.9.2    Management actions taken to reduce interactions and results of such
        actions

Given the selective harvesting method used in the SUTS Fishery no specific risks have been
identified that require a management action.

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

None of direct influence in the SUTS Fishery

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4 Research and Monitoring
4.1 Research priorities
Refer to ‘Fisheries NSW Strategic Research Plan 2014 – 2018’ available on the NSW DPI
website at www.dpi.nsw.gov.au/ data/assets/pdf_file/0020/423524/Planning-Strategic-
Research.pdf

4.2 Results of any research completed relevant to the fishery
Fishery independent data in the form of an initial estimation of stock biomass was completed
in 2003 for sea urchin species taken in the SUTS Fishery Worthington and Blount, 2003). The
study provides an accurate and robust methodological model for stock assessment and
ongoing monitoring of sea urchin stock biomass in NSW.
Descriptions of current research projects, scientific outputs and any completed research
results by NSW DPI relevant to the fishery can be found on the NSW DPI website at:
www.dpi.nsw.gov.au/research/fishing-aquaculture

4.3 Monitoring programs
The NSW DPI fishery monitoring program includes stock assessment work on key commercial
species; use of scientific observers to record information on catches of target species and
bycatch; collection of catch and effort data; and port monitoring of landed fish products (e.g.
collecting data on fish length and age).

4.3.1 Resource Assessment Framework

The current Resource Assessment Framework for the assessment of harvested marine fish
species harvested in NSW (Scandol, 2004) 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.
This framework has remained relatively unchanged since it was established in 2004. In 2016
NSW DPI commissioned an external review of the framework to provide advice on whether
the current measures or other frameworks best address the future needs for sustainable
management of NSW fisheries resources.
Key areas outlined in the recommendations related to a transition to the National Status of
Australian Fish Stocks (SAFS) reporting framework. Major recommendations focussed on
communication between management and research groups and a restructuring of resources
to better deliver knowledge to support management of the commercial fishing industry
following the implementation of the Commercial Fisheries Business Adjust Program.

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4.3.2 Collection of catch and effort data

Catch reporting is an important source of fishery dependant data whereby commercial fishers
record and submit all information relating to the catch taken and effort expended in the
fishery. Further information about reporting arrangements can be found on the NSW DPI
website at www.dpi.nsw.gov.au/fisheries/commercial/catch-effort

4.3.3 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.

5 Catch data
5.1 Total catch and value of the SUTS Fishery
Table 8: Catch and value for the SUTS Fishery 2009 - 2017
Year              Sea Urchin        Sea Urchin           Turban Shell   Turban Shell       Total value
                  Catch             Value*               Catch          Value*
                  (kg)              ($)                  (kg)           ($)                ($)
2009              18,260            70,203               4,162          8,340              78,543
2010              55,582            267,199              5,622          11,977             279,176
2011              51,786            244,338              4,506          13,786             258,124
2012              80,067            337,169              6,973          20,775             357,944
2013              72,959            329,119              5,115          23,327             352,446
2014              73,003            407,964              4,072          25,080             433,044
2015              81,554            584,762              5,701          38,490             623,252
2016              122,115           943,826              11,296         71,029             1,014,855
2017              99,524            680,831              13,971         61,242             742,072
* based on Sydney Fish Market prices
^ data is subject to ongoing validation

Table 9: Sea urchin catch by species (kg) 2009 - 2017
Year              Red sea           Purple sea           Green sea      Sea urchin         Total
                  urchin            urchin               urchin         other
2009              6,550.6           11,709.7             0              0                  18,260.3
2010              6,067             49,515.3             0              0                  55,582.3
2011              6,645.3           45,140.3             0              0                  51,785.6
2012              6,706             73,342.9             6.5            12                 80,067.4
2013              5,544.1           67,320.7             94             0                  72,958.8

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Year              Red sea           Purple sea           Green sea       Sea urchin         Total
                  urchin            urchin               urchin          other
2014              4,706             68,295.4             2               0                  73,003.4
2015              7,663.2           73,854.6             36              0.6                81,554.4
2016              18,100.7          103,885.7            61              67.5               122,114.9
2017              19,003.5          79,708               797.4           15.1               99,524
^ data is subject to ongoing validation

Table 10: Turban shell catch by species (kg) 2009 - 2017
Year              Military          Sydney               Green turban    Turban shell       Total
                  turban shell      turban shell         shell           other
2009              2,847.3           4,61.4               0               853                4,161.7
2010              3,655             1,395                0               572                5,622
2011              3,504.5           649.5                35.5            316.5              4,506
2012              4,685.9           1,249.9              77.5            959.3              6,972.6
2013              4,439.9           164.5                27.5            483                5,114.9
2014              2,927.7           707                  83.1            354.4              4,072.2
2015              3,414.4           1,163.1              37.5            1,085.8            5,700.8
2016              4,945.7           1,550.3              117.6           4,682.6            11,296.2
2017              6,673.5           2,051.9              363.3           4,882.3            13,971
^ data is subject to ongoing validation

5.2 Harvest by each sector

5.2.1 Recreational fishing

The extent of the recreational harvest of sea urchins is not known but is likely to be less than
5 tonnes, although recreational fishing pressure at local scales can have substantial effects on
local urchin populations.
The recreational catch of turban shells has not been estimated but is likely to be of a similar
magnitude as the commercial harvest.

5.2.2 Aboriginal cultural fishing

No estimate available.

5.2.3 Illegal fishing

No estimate available.

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6 Status of target stock
The exploitation status for each species is assessed at an annual meeting of fisheries
scientists and managers from NSW, after consideration of all available relevant information
for the species. The exploitation status for each species in the SUTS Fishery is shown in Table
11. Refer to the Status of Fisheries Resources in NSW 2014-15 Summary (NSW DPI, 2017) for
further information.
Table 11: Exploitation status of target species in the SUTS Fishery
Common name                             Scientific name                          Exploitation status
Red sea urchin                          Heliocidaris tuberculata                 Uncertain
Purple sea urchin                       Centrostephanus rodgersii                Moderately fished
Green sea urchin                        Heliocidaris erythrogramma               Uncertain
Sydney turban shell                     Turbo torquatus                          Undefined (assessed as a
Military turban shell                   Turbo militaris                          complex of three species)
Green turban shell                      Turbo undulatus

7 Impacts of the fishery on the ecosystem
7.1 Results of any Ecological Risk Assessments
NSW DPI has produced a Review of Environmental Factors (REF) draft document for the SUTS
Fishery. The REF aims to identify and assess whether the activity of the SUTS Fishery has any
potential impacts on the environment, with all components of the environment being
included – biological, ecological, physical, economic and social.
The preliminary assessment indicates low or negligible potential ecological impacts on the
environment based on the level of activity and harvest levels at the time of the assessment
(refer to Table 12).
Table 12: Preliminary assessment of potential ecological impacts of the SUTS Fishery on the
environment
Type of impact           Potential impact                                 Ranking
Impacts on target fish   Overfishing leading to serial depletion          All turban species – Low
stocks                   identified as a potential threat, particularly   C. rodgersii – Low
                         for H. tuberculata.                              H. tuberculata – Unknown due to smaller
                                                                          distribution range and past evidence of
                                                                          serial depletion, but low level of activity in
                                                                          the fishery.

Impacts on other         Divers may disturb threatened or protected       Low
fauna                    species inhabiting areas where sea urchins
                         and turban shells are harvested.

                         Harvesting of sea urchins and turban shells      Low
                         may reduce a potential source of food for
                         some threatened or protected species.

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Type of impact         Potential impact                               Ranking
Impacts on other       Vessels used by divers in the SUTS             Low
fauna                  Fishery may disturb or injure threatened or
                       protected species during transit between
                       port and fishing grounds or during
                       harvesting operations

Impacts on habitats    Physical damage to reefs or crevices when      Negligible
                       removing sea urchins with hooks.

                       Removal of sea urchins reduces the             Negligible
                       proportion of microhabitat available under
                       urchins

                       Damage to algal beds from removing sea         Negligible
                       urchins or turban shells

Ecological impacts -   Reduction in density, or depletion of whole    Unknown but designated low due to the
interactions with      patches of Centrostephanus, through            low level of activity and small harvest
species,               harvesting.                                    levels in the fishery
assemblages,
habitats and           There have been no studies on the
biological diversity   ecological interactions of H. tuberculata
                       with subtidal species assemblages and
                       diversity.

                       There is no information about the effects of
                       removal of turban shells on species
                       assemblages and biodiversity in the SUTS
                       Fishery.

7.2 Management actions taken to reduce the impacts
The FM Act and the FM(G) Regulation provide a comprehensive legislative framework
through which the SUTS Fishery operates and provides for management actions that aim to
address the potential impact of the SUTS Fishery on the target stock. This includes the
introduction of a TACC for red sea urchins (H. tuberculata) in 2002 and a system of regulated
closed waters.
The TACC for red sea urchins is capped in each of the five management regions in proportion
to the estimated biomass of red sea urchins in each region. A fishing closure authorized
under Section 8 of the FM Act currently prohibits the harvest of red sea urchins in Region 5 of
the SUTS Fishery giving effect to the TAF Committee’s determination of 0 tonnes for this
region.
Additionally, coinciding with the introduction of a TACC for red sea urchins, changes were
made to the system of closed waters applied to the SUTS Fishery with new fishing closures
introduced in areas previously subjected to intensive fishing and new areas opened,
particularly in Region 1 and 2, to spread effort along the coast.

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