Queensland SEAFOOD2021 NUMBER 1 - WE LOSE A LEGEND: DENIS O'CONNELL - Queensland Seafood ...

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Queensland SEAFOOD2021 NUMBER 1 - WE LOSE A LEGEND: DENIS O'CONNELL - Queensland Seafood ...
Queensland
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                                              SEAFOOD
                                              CELEBRATING THE
                                                                         2021 NUMBER 1

                                              PHOTO ART OF
                                              FISHERMAN
                                              RICHARD FREEMAN

                                               WE LOSE A LEGEND: DENIS O’CONNELL
Queensland SEAFOOD2021 NUMBER 1 - WE LOSE A LEGEND: DENIS O'CONNELL - Queensland Seafood ...
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Queensland SEAFOOD2021 NUMBER 1 - WE LOSE A LEGEND: DENIS O'CONNELL - Queensland Seafood ...
Queensland SEAFOOD
                                                      VOLUME 39, No. 1 2021

                                               CHAIR ON THE LINE...................................................................................... 4
                                               FROM THE CEO............................................................................................. 6
                                               “GHOST QUOTA” CAUSES MANAGEMENT CONFUSION........................... 8
                                               RESULTS OF QSIA QUESTIONNAIRE ON QUOTA IMPACTS.................... 11
                                               CUTS FOR TROUT QUOTA FOR 2021–22................................................... 12
                                               QSIA SUBMISSION TO SENATE HEARING ON QUOTA............................ 13
                                               LEGAL MATTERS: OUR RIGHTS AS PRO FISHERMEN............................. 14
AGM elects new board. Page 5.
                                               WHITE SPOT DISEASE OUT ON CONTROL IN S.E.Q................................ 18
                                               AG MINISTER: “INQUIRY INTO MY OWN DEPARTMENT”......................... 20
                                               PRAWN FARM SUES FED GOVT OVER WHITE SPOT............................... 20
                                               WHITE SPOT DISEASE CLASS ACTION IS HAPPENING.......................... 21
                                               LANDING RESTRICTIONS = BIG COSTS FOR FISHERMEN.................... 22
                                               FEDERAL BUDGET EXTENDS ASSET WRITE-OFFS.................................. 24
                                               NEW COMMONWEALTH MANAGEMENT TECHNOLOGY.......................... 25
                                               FAREWELL TO DENIS O’CONNELL............................................................ 26
                                               BOATS & GEAR............................................................................................ 28
                                               THE GULL..................................................................................................... 30
Quota confusion. Page 8
                                               In this issue                                              quota allocation versus “Ghost Quota”.
                                                                                                          On page 11, results are presented from
                                                                                                          the QSIA questionnaire on the potential
                                               QSIA Chair Allan Bobbermen is urging                       impacts of quota allocation on fishermen.
                                               fishermen to put in an appeal to your                      And, on page 13, there is a summary of
                                               proposed quota allocation regardless of                    the QSIA submission to a Senate inquiry
                                               what you may think the outcome from                        examining the pros and cons of quota
                                               Fisheries Queensland will be and then                      management.
                                               proceed to QCAT if you do not receive
                                               a favourable response from fisheries                          White spot disease has gone wild in
                                               managers.                                                  south-eastern Queensland, literally, with
                                                  He says there are a lot of anomalies                    confirmation the disease is being carried
                                               which are raising their ugly heads as this                 by prawns and other crustaceans, and
                                               harvest strategy suitcase is being unpacked                authorities apparently giving up hope of
                                               that could have been addressed by Fisheries                eradicating it. See pages 18-21 for more
                                               Queensland but remain a problem for                        on this terrible story (including court action
                                               industry. See page 4.                                      against the Federal Government).
                                                  QSIA CEO Eric Perez addresses several                      As if the seafood industry needed yet
White spot in the wild. Page18..                                                                          more restrictions on its operations, an
                                               issues in his column in this edition, including
                                               continuing issues of concern thrown                        assessment of planned new restrictions
                                               up by the “reform” process, including                      on where our catch can be landed is
                                               Spanish mackerel filleting at sea, the                     calculated to cost individual fishermen tens
                                               landing of catch, and interactions with the                of thousands of dollars. Details on page 22.
                                               Queensland Boating & Fisheries Patrol. And                   And, in this edition, we sadly farewell
                                               he introduces the new QSIA Board. Turn to
                                                                                                          one of our industry’s legends and finest
                                               page 6.
                                                                                                          ambassadors, Denis O’Connell, after a rich
                                                   Quota allocation is a major issue. On                  and full life as a fisherman, industry leader
                                               page 8, Shane Snow discusses at length                     and local government representative. You
                                               the confusing issues regarding quota and                   can read Denis’ story, in his own words, on
                                               fisheries management, especially real-time                 pages 26-27.

                                                Front cover: Spanner crab fisherman Richard Freeman with some of his catch in his
                                                beloved 5.6-metre Shark Cat. Richard has also found time while working alone at sea to
                                                shoot some stunning images that are as much art as they are photography. One example
Vale Denis O’Connell. Page 26.                  is on the outside back cover of this magazine and others are on pages 15-17.

Queensland      Seafood    is      Mailing Address:                       Chief Executive Officer:                   Advertising:
the official journal of the        PO Box 3856                            Eric Perez                                 E-mail: mobo2@live.com
Queensland Seafood Industry        Victoria Point West Q 4165             Tel: 0417 631 353                          Postal:
Association Inc, the peak                                                 eo@qsia.com.au                             PO Box 3856
body representing the State’s      Mob: 0417 631 353                                                                 Victoria Point West Q 4165
seafood industry.                  E-mail: eo@qsia.com.au
                                   Website: www.qsia.com.au

                                                                                                   Queensland Seafood 2021 Number 1 — 3
Queensland SEAFOOD2021 NUMBER 1 - WE LOSE A LEGEND: DENIS O'CONNELL - Queensland Seafood ...
Feedback from this has been good.
                  president on the Line                                                    2. QSIA has put in a submission to the
                                                                                              Federal Government to support a
Be prepared to fight to protect                                                               WTO for the mullet fishery.
                                                                                           3. QSIA has put in a detailed submission
your business                                                                                 to the Senate inquiry into quota in
                                                                                              Australian fisheries and hopefully
HELLO all. I hope you all are managing          Better Regulation and do a post-imple-        this organisation will be able to
okay and are preparing to take on               mentation analysis in two years’ time.        speak when the inquiry moves to
the fight to protect your business and                                                        Queensland. QSIA would like to
assets.                                            What a joke! You and I both know in        thank those who contributed to this
                                                two years’ time what a mess this indus-       detailed submission.
   No doubt you all would have seen             try will be in.                            4. QSIA has written to Fisheries
the release from Fisheries recently                                                           Queensland around issues with
outlining the schedule for rolling out             Just look at what has unfolded with        the reform process with little or
this reform nonsense.                           the same strategy used for the vessel         no response One big-ticket issue is
                                                monitoring system (VMS), which has            the landing points for quota species.
  I would urge you all to put in an ap-         resulted in the State Ombudsman get-          Fisheries Queensland seems to
peal to your proposed quota allocation          ting on their case.                           be reluctant to engage in serious
regardless of what you may think the                                                          conversation around this issue.
outcome from Fisheries Queensland                  Historically, this seems to be the      Membership
will be and then proceed to QCAT if             strategy Fisheries Queensland roll
you do not receive a favourable re-             with: introduce a regulation and fix the     It is encouraging to see we are still
sponse from fisheries managers.                 mess up on the fly. Consequently, this     gaining members and our members
                                                is why we have the many regulation         have been engaging with question-
   Bottom line here is there are a lot of       amendments in the Fisheries Act.           naires Eric has put out.
anomalies which are raising their ugly
heads as this harvest strategy suitcase         What are we doing?                            If you have any concerns which may
is being unpacked.                                                                         affect your operation that have not yet
                                                  You have no doubt read the updates       been identified, please let Eric know so
                                                Eric has been putting out. The four        QSIA can act on your concern. Your in-
   These could have been addressed              points below cover just some of the
properly if the Department had gone                                                        put is valuable to achieve outcomes for
                                                important issues.                          our industry.
down the road of normal regulation
change and done a regulatory impact             1. Podcasts with Chis Thompson
statement (RIS).                                                                           Conclusion
                                                   around questions raised with issues
                                                   with the Queensland Boating &             Industry is not in a good place at
  However, they convinced Treasury                 Fisheries Patrol (QBFP). Thanks,        the moment with rollout of this har-
that they will follow the guidelines for           Chris, for your time and effort.        vest strategy pending. This mess could

The QSIA annual general meeting at Urangan was well attended.

4 — Queensland Seafood 2021 Number 1
Queensland SEAFOOD2021 NUMBER 1 - WE LOSE A LEGEND: DENIS O'CONNELL - Queensland Seafood ...
be better described as a Social Exper-
iment which a blind man with a cork           Fishermen                                        Queensland commercial fishers
                                                                                            are sensing they are being singled
in his eye can see is going to go pear-
shaped.
                                              report disturbing                             out and being victimised to sow fear
                                                                                            across industry. In some cases, QBFP

  To most, this painful exercise of drip-
                                              behaviour by QBFP                             officers that do not fully understand
                                                                                            the regulations are being paid to
feeding information out to industry is        I HAVE recently written to Minister for       enforce or wilfully misinterpreting
hamstringing business decisions.              Agriculture & Fisheries Mark Furner           fisheries legislation and this is totally
                                              about fishermen’s reports of behaviour        unacceptable.
   In the meantime, we need to roll           by Queensland Boating & Fisheries
our sleeves up and be prepared for the        Patrol (QBFP) officers. What follows is          The QSIA office has had numerous
fight, being mindful that some of this        the text of that letter.                      calls from fishers who have phoned
nonsense may be yet to be tested in                                                         Fisheries Queensland managers asking
the courts.                                     The office of the Queensland                for an interpretation of regulations and
                                              Seafood Industry Association (QSIA)           we seem to be getting the same generic
   We need to keep networking, as it          has been receiving disturbing calls           response: “We will have to get back to
is one of the most valuable tools in this     from fishers regarding interactions           you”’. I am afraid to tell you that we are
fight.                                        with Queensland Boating and Fisheries         still waiting for a return phone call.
                                              Patrol (QBFP).
Well-attended AGM                                                                              Furthermore, industry asked for
                                                 The office has also received               a fact sheet to be put out around the
  The COVID-delayed QSIA 2020                 feedback from industry operators              grey areas of the legislation back in
annual general meeting in Urangan             outlining incidents involving the             2020.
earlier this year was well attended and       misinterpretations of fisheries
mapped out a program for the year             legislation by QBFP officers. In                 A memo was put out by the Director-
ahead.                                        addition, petty nit-picking has resulted      General saying the Department is
                                              in unreasonable fines and cautions.           working on a fact sheet to clarify issues
  Board members elected at the                                                              in question. We are still waiting for that
AGM included Shane Snow, Tony                                                               to be provided to industry.
                                                 Commercial fishermen have
Reisenwebber and Kevin Reibel (in
photo below).                                 challenged the infringements and
                                              cautions, which has resulted in dismissal        Industry has also petitioned
                                              of claims. (In industry lingo, these are      managers to have the fishers in their
   CEO Eric Perez has more details in         “shit pinches”.)                              regional areas call port meetings to
his column on page 6.                                                                       clarify issues in contention but, yet
                                                 You must appreciate that taking            again, this seems to have fallen on deaf
  Good fishing and stay safe.                                                               ears (an all too common scenario from
                                              time out to contest loosely interpreted
                    Allan Bobbermen           regulations is wasting our valuable           Fisheries Queensland).
                      QSIA President          fishing time.
                                                                                               The bottom line here is that
                                                                                            the actions of community-minded,
                                                                                            responsible commercial fishers clearly
                                                                                            demonstrate their level of willingness
                                                                                            to comply with the regulations.

                                                                                               We all are aware that regulations
                                                                                            and their enforcement are the base line
                                                                                            for a sustainable fishery when carried
                                                                                            out for their intended purpose. I am
                                                                                            afraid, at this point in time, this is not
                                                                                            happening.

                                                                                               What needs to happen from here is
                                                                                            that fishery managers need to get their
                                                                                            house in order and issue instructions to
                                                                                            field staff to have a change of attitude
                                                                                            and refrain from issuing questionable
                                                                                            fines until such time as there is a clearer
                                                                                            understanding of the regulations they
                                                                                            are trying to enforce.

                                                                                              My industry are not criminals and
                                                                                            deserve due process with respect and
                                                                                            procedural fairness, something that
                                                                                            sadly appears to be overlooked.

                                                                                               It appears that your Department is
                                                                                            leaving industry with little choice but to
                                                                                            document every interaction with any
                                                                                            QBFP officer.
Re-elected QSIA Board members include (from left) Shane Snow, Tony Reisenwebber and Kevin                        Allan Bobbermen
Reibel.                                                                                                            QSIA President

                                                                                        Queensland Seafood 2021 Number 1 — 5
Queensland SEAFOOD2021 NUMBER 1 - WE LOSE A LEGEND: DENIS O'CONNELL - Queensland Seafood ...
From the CEO                                                  Government to gag
                                                                                         fishermen at
The Queensland Government –                                                              industry meeting
Delivering nothing of value to industry                                                  A FISHERMEN recently sent me
                                                                                         a letter that had been distributed
IT appears 2021 is no different in             This lack of consultation is typical of
                                                                                         to commercial net fishers in North
terms of the so-called fisheries reform      the lacklustre consultation approach
process and its potential impacts for                                                    Queensland.
                                             adopted by Fisheries Queensland.
Queensland commercial fishers.
                                                Commercial net fishers outside the          Check out the photograph of the
1. So-Called Reform Process                  Ocean Beach Fishery are also selective      letter on the opposite page.
   The reform process continues to           with their gear, which historically has
                                             proven to be efficient with minimal en-        At first glance, the letter is just
throw up issues of concern. The As-                                                      another request to meet commercial
sociation has sought updates / summa-        vironmental footprint.
                                                                                         fishers but, taking some time to unpack
ries providing explanation of changes
to fisheries regulation and we are still     4. Communication with Members               the meeting request, you get to see the
waiting for a response from Fisheries                                                    level of incompetence and disdain for
                                                Information is a key commodity and       industry driving Fisheries Queensland.
Queensland.                                  we are doing all we can to provide as
                                             much information to members as pos-            Issues related to the so-called
   Issues linked to the reform process       sible while engaging with a poorly de-
that have been pursued by the Associ-                                                    reform process are at the heart of
                                             signed and anti-industry reform pro-
ation include Spanish Mackerel filleting                                                 current industry concern and a source
                                             cess.
at sea, the landing of catch, and interac-                                               of significant stress.
tions with the Queensland Boating and
Fisheries Patrol.                               Communication channels we are us-
                                             ing:                                          Why attend this ridiculous meeting if
                                                                                         commercial fishers cannot raise issues
  As we receive responses, we are            •    We are continually updating            regarding the reform process?
sharing those with members or re-                 members through the “QSIA
sponding through social media.                    Members Updates” emails.                 The level of disregard for this
                                             •    QSIA website and in particular         industry from Fisheries Queensland
2. Senate Inquiry Update                                                                 and the Minister is plain to see and of
                                                  QSIA News: https://qsia.com.au/
   The Association provided a detailed            news/                                  course unacceptable.
submission to the Senate Standing            •    Facebook: https://www.facebook.
Committees on Rural & Regional Af-                com/QLDSeafood                           Consider these serious issues.
fairs & Transport inquiry into the fish-
eries quota system. As at the time of        •    Queensland Catch: https://www.         RRWhy attend a meeting that restricts
publishing this edition of the magazine,          facebook.com/Queensland-                 what can be discussed?
the Committee had received 45 sub-                Catch-711613002284891
                                                                                         RRWhy attend a meeting when the
missions.                                    •    QSIA    Podcasts:   https://qsia.        topics are restricted to “current”
                                                  podbean.com/                             fisheries issues? What could be more
   You can access the Association’s sub-
                                             Meet the QSIA Board                           critical than the potential impacts of
mission here: https://www.aph.gov.au/
Parliamentary_Business/Committees/                                                         this so-called reform process?
                                                As a result of the COVID-19 pan-
Senate/Rural_and_Regional_Affairs_           demic, the 2020 annual general meet-        RRRestricting our ability to engage on
and_Transport/Fisheriesquota/Submis-         ing was held in late January 2021 in          issues we see as important restricts
sions                                        Hervey Bay.                                   our freedom to think and speak, as,
                                                                                           ultimately, we have to deal with the
3. Ocean Beach Fishery WTO                     A wide range of issues were dis-            consequences of poor policy and
   The Association provided a let-           cussed and these, along with the an-          legislation-making.
ter supporting the development of an         nual report, have been covered in the          If you have concerns regarding the
Ocean Beach Fishery wildlife trade op-       QSIA website.                               letter below, please contact:
eration (WTO) certification to allow
for the export of mullet roe.                   There was a good attendance by           RRCraig Bambling (QBFP – Townsville
                                             members, some travelling considerable         District Officer) on mobile 0417 788
   The target species for the Ocean          distances to attend.                          692 or email craig.bambling@daf.
Beach Fishery is mullet, which consti-                                                     qld.gov.au; and
tutes approximately 80 to 90 per cent           Members elected a new QSIA Board
of the retained product in the fishery.                                                  RRGraeme Bolton (Deputy Director-
                                             of Directors. They are:
                                                                                           General, Fisheries & Forestry), on
   The Association supports the need         •   QSIA President – Allan Bobbermen          (07) 3087 8126 or Graeme.Bolton@
for a restart in the mullet fishery.         •   Vice President – Shane Snow               daf.qld.gov.au.
                                             •   Treasurer – Kevin Reibel                  We have now reached the stage
   Our net-fishing members are disap-                                                    that Fisheries Queensland is gagging us
pointed that other sectors of the net        •   Director – David Caracciolo
                                                                                         before we get to meetings.
fishery have not been considered or          •   Director – Tony Reisenwebber.
even consulted across the N1, N10                                         Eric Perez                                 Eric Perez
and N11 fisheries under this WTO.                                               CEO                                        CEO

6 — Queensland Seafood 2021 Number 1
Queensland SEAFOOD2021 NUMBER 1 - WE LOSE A LEGEND: DENIS O'CONNELL - Queensland Seafood ...
Important quota
                                                                              allocation dates
                                                                              THE allocation of quota and effort
                                                                              units for the east coast inshore, east
                                                                              coast trawl and crab fisheries will begin
                                                                              soon. Here’s a reminder of some key
                                                                              dates still ahead of us.

                                                                              16 July 2021: Trawl nominations close

                                                                                 If relevant, you must nominate
                                                                              allocation of your unused trawl effort
                                                                              units by this date.

                                                                              21 July 2021: “Sum of” date

                                                                                 This is the date at which a final figure
                                                                              is calculated for the sum of eligible
                                                                              reported catch data from the whole
                                                                              fishery. This final figure will be used to
                                                                              calculate individual quota allocations.

                                                                              Week commencing 2 August 2021

                                                                                You will receive:
                                                                              RR.your individual transferable quota
                                                                                 (ITQ) allocation decision and an ITQ
                                                                                 certificate
                                                                              RR.if relevant, a decision or outcome
                                                                                 regarding amended or substituted
                                                                                 catch
                                                                              RR.advice regarding review of a decision
                                                                                 made by Fisheries Queensland.

Working Group                           Gulf of Carpentaria inshore
                                        fishery working group
                                                                             Trawl fishery working group
                                                                               Andrew Redfearn
members                                    Bruce Davey
                                           Claudine Ward
                                                                               Andrew Barr
                                                                               Edward Woodham
appointed                                  David Wren
                                           David Lane
                                                                               James Newman
THE Queensland Government is                                                   Jamie De Graaf
                                           Geoffrey Diver                      Nick Schulz
reinstituting its fisheries working        Shane Snow
                                           Tony Hurley                         Kevin Reibel
groups.
                                                                               Neil Mogensen
                                        Reef line fishery working group        Richard Taylor
   Here are the industry
                                         Chris Bolton                          Scott Hodgetts
representatives on the working groups
                                         Jack Kingdon                          Scott McLay
selected by the Government.
                                         Sean Stiff                            Steve Murphy
                                         Susan Davenport                       Barry Ehrke
Crab fishery working group
                                         Barry Dun
  Anne Tooker                            Michael Wakeling                    Vessel tracking working group
  Benjamin Day                                                                 Mark Cook
  Matthew Vickers                       Rocky reef fishery working             Michelle Jensen
  Peter Jackson                         group
                                                                               Darren Brighton
  Nicholas Burr                           Joey Meeuwsen                        Bruce Batch
  Keith Harris                            Michael Thompson                     Jake Kingdon
                                          Scott Butterworth                    James Forster
East coast inshore fishery                                                     Sean Stiff
working group                           Spanish mackerel fishery
                                        working group                          Scott Butterworth
  Allan Bobberman                                                              Michael Wood
                                          Anthony Vass
  Ben Gilliland                           Chris Hain                           Neil Mogensen
  Benjamin Coyne                          Richard Gilmore                      Benjamin Day
  Daniel Atherton                         Tony Lanzi                           Ross Casey
  Nathan Rynn                             Gary Powis                           Geoffrey Diver
  Matt Vujica                             Ryan Tully                           Eric Perez

                                                                          Queensland Seafood 2021 Number 1 — 7
Queensland SEAFOOD2021 NUMBER 1 - WE LOSE A LEGEND: DENIS O'CONNELL - Queensland Seafood ...
Some operators still have that in
                    QUOTA MANAGEMENT                                                    writing from FQ and there was never
                                                                                        any investment warning on the symbol
                                                                                        trading.
Confusing issues regarding quota
There are confusing issues regarding quota and fisheries management                        Years later, when it was brought
                                                                                        to the attention of the then Fisheries
in Queensland, especially real-time quota allocation versus “Ghost                      Minister, all of a sudden we had an
Quota”, as Shane Snow reports.                                                          investment warning come out about
                                                                                        symbol trading.
AS a commercial fisher person for all          How much of the 770 tonnes to be
of my working life I find it difficult to   allocated is actually unclaimable?             It has become blatantly clear that
understand just how this “potential                                                     FQ have done a backflip on their own
draft allocation” of quota actually            My reading of your correspondence        policy, changing the goal posts to suit
works so I have coined the phrase           to commercial mud crab and net fishers      their own agenda, which will cost
“Ghost Quota” to address some of the        is that, as of 22 April 2021. if you do     licence owners millions of dollars. How
confusion and concerns that not only I      not have a C1 or N endorsement on           does this stack up in a legal case? Time
have but also a big percentage of other     a licence with history it is deemed not     will tell.
fishers have as well.                       claimable for quota. So, does unclaimed
                                            quota go back into the pool?                   Another glaring example is in the fact
   I will use the mud crab fishery as an                                                of offshore boats working numerous
example but, more importantly, this           We (QSIA) never got an answer to          C1 endorsements on the one primary
also pertains to every fishery that is      any of these very real questions that are   licence to be able to work up to 150
being forced into individual transferable   going to affect many fishing businesses.    crab pots in the sand crab fishery under
quota (ITQ) by Fisheries Queensland                                                     a general fisheries permit.
(FQ).                                         The only answer we got was this:
                                            “There are a number of factors that           I have absolutely no issue with those
   We have been told that the total         will determine the allocation of quota      boats working extra pots; what I do
quota (ITQ) pool for the Mud Crab           across the net and crab fisheries. It       have an issue with is how FQ went
fishery is around 770 tonnes.               would be best perhaps to arrange a          about the process.
                                            briefing session to explain the process.
   To qualify to be able to claim the       Let me know if you would like to do            The original deal with FQ to allow
catch history share (on your primary        that.”                                      this to happen was that three primary
licence) of this quota pool, we must                                                    licences were used (all of which had to
have a C1 crab endorsement attached            Well, isn’t that just magical. Here      have sand crab history on them), two
to the primary fishing licence by April     we are, approximately four years into       of which went into limbo or “no boat”
22.                                         this reform / quota process and the         status, while the three C1 symbols
                                            best FQ can do to answer business-          went onto the one primary. The
   Most of us know, as do FQ, that          changing and life-changing questions is     catch history was to be shared equally
there are nowhere near enough C1            to “meet for a briefing session”.           between the three primary licences.
endorsements to allow every primary
licence with history to be able to claim       If they have to meet to explain this       However, it seems now that FQ have
their “potential allocation”. Put simply,   to us now, then where has been the          done yet another backflip there as well
a percentage of licences will miss out      consultation with industry? The answer      and left all the history-quota allocation
on ITQ crab allocation.                     is it has been virtually non-existent       on the one primary licence that was
                                            and where has been the education for        being used, thus making the other two
                                            industry as to what is about to change      making the other two primaries that
   Here is an example. The total ITQ                                                    went into “no boat” status worthless,
pool sits at 770 tonnes for Mud Crab.       some of our businesses and lives for
                                            ever?                                       with zero history allocation.
If there is 170 tonne potential quota
allocation sitting on primary licences                                                    Is this fair or even legal in a court of
that will not have a C1 endorsement           Something worth noting: we offered
                                            the principal fisheries manager (name       law? Time will tell.
on them by April 22, then the “Ghost
Quota” is 170 tonnes that cannot be         withheld) that sent the reply email
                                            the opportunity to speak with us on            Another glaring example of fisheries
claimed, thus making the “real time”                                                    mismanagement is the extending of the
ITQ pool only 600 tonnes.                   a podcast (in a safe space) to address
                                            these question and other questions          vessel size in certain quota-managed
                                            regarding this reform / quota.              fisheries.
  We (QSIA) posed the following
questions to a principal fisheries                                                        Boats that can and now do work any
manager (name withheld) on March              This is an excellent opportunity to
                                            speak to our members as well as the         weather, never giving grounds a spell,
22:                                                                                     whereas when it was capped to a lot
                                            wider industry To date, this offer has
                                            not been accepted. Many questions           smaller size vessel the resource got
   From the total mud crab quota                                                        a chance to have a break when the
allocation pool of 770 tonnes as of         remain unanswered by FQ.
                                                                                        weather was too rough to work.
today, how much of that pool can
be claimed by primaries with a C1           Symbol trading, history tracking
                                                                                          This quota-managed fishery is now
attached?                                      Going back to when FQ started            down below one third of the original
                                            symbol-trading within industry, the         quota holdings issued.
   How many primary licences as             assurance was given to licence owners
of today that have crab history             by a well-known senior fisheries              Rough weather in essence was a
attached but are not paired with C1         manager (name withheld) that the            form of “natural closure”. It begs the
endorsement are able to claim that          history would always be tracked on the      question, is FQ genuinely wanting to
history?                                    symbol.                                     preserve and enhance our resource or

8 — Queensland Seafood 2021 Number 1
Queensland SEAFOOD2021 NUMBER 1 - WE LOSE A LEGEND: DENIS O'CONNELL - Queensland Seafood ...
dillies are used daily and how many lifts
                                                                                                    per day?”

                                                                                                      When crabs are on the move
                                                                                                    or feeding more frequently, some
                                                                                                    crabbers will work the morning tides
                                                                                                    and also the afternoon tides; that is,
                                                                                                    working twice a day. The catch rate
                                                                                                    obviously increases, so these crabbers
                                                                                                    are being penalised in the form of
                                                                                                    maximum “catch caps” on their
                                                                                                    logbook history simply because they
                                                                                                    have worked twice as hard as some
                                                                                                    others. Is this fair or even legal: being
                                                                                                    penalised for working hard?

                                                                                                       I have talked to numerous crab
                                                                                                    fishers (as well as being a crabber
                                                                                                    myself) and some years, with the right
                                                                                                    wet seasons, the catch rates are at
“Ghost Quota” can be seen in the mud crab proposals but applies across other quota fisheries.       least double what the caps have been
                                                                                                    set at. So, the caps in place do nothing
are they pandering to the whims of a             decided to “cap” each licence’s                    to reflect the true catch history of good
few of the bigger players? You be the            maximum quota allocation to combat                 years in the fishery.
judge.                                           this problem.
                                                                                                       As an example, with my crab catch
Logbook catch history                              Where did this advice come from?                 history, I worked on the Queensland
   An even more concerning scenario              The crab working group? If so, then,               east coast for several years crabbing
is the fact that FQ have made the                what is the actual expertise of people             and then started working in the Gulf of
claim publicly that lies have been told          on that working group?                             Carpentaria crabbing.
in logbook reporting of catch history,
which equates to an increase in                    Hard-working crab fishers have                      My catch history has therefore been
potential quota allocation.                      been penalised for the catch effort they           spread over six years east coast and six
                                                 have put into their businesses. A simple           years in the Gulf of Carpentaria, thus
  FQ know this is a problem through              example is this: in the logbooks for the           calculating my total allocation over 12
their own admission, yet they have               crab fishery, it asks “How many pots or            years and not six because you can’t

                                                                                                Queensland Seafood 2021 Number 1 — 9
Queensland SEAFOOD2021 NUMBER 1 - WE LOSE A LEGEND: DENIS O'CONNELL - Queensland Seafood ...
possibly crab two places at once. Again,
is this fair or even legal? Time will tell.

Fisheries Working Groups
   Around 2012, and the formation of a
crab working group, the entry criteria
was that you had to be a working
commercial fisher, own a primary
licence and had to have been fishing for
a minimum of seven years.

  Not all applicants qualified for the
entry criteria. There were applicants
that never qualified who did, however,
get accepted as an observer.

  Now, as the crab working group
meetings advanced, FQ needed to
develop a framework that would
validate catch history which involved               Seafood consumers have been ignored when it comes to membership of fisheries working
the volunteering of an observer.                    groups. Why?
                                                       If the ITQ is not caught in any given    of recreational fishers are increasing
   A grave concern I have is, did this              year, does this affect, or how will this    rapidly despite what flawed boat ramp
volunteering observer have access                   affect, the current quota holdings of       surveys might suggest. The enormous
to private and confidential logbook                 fishers?                                    impact that good wet seasons have on
history? (Information supplied by a
                                                                                                Mud Crab populations, environmental
long-term industry member who was                     Will fishers’ ITQ be “dialled down”
on the crab working group.)                                                                     influences, etcetera.
                                                    over time, as we have seen with every
                                                    other ITQ fisheries? Case in point,            All these factors, and there are
   C u r r e n t l y, g o v e r n m e n t s a n d   none has ever been lifted above the
departments talk about equality and                 original ITQ holdings, gradually eroding    many more, confirm the validity of the
balance in the workplace. Why then                  the fisher’s ability to catch and making    question: :Why the need to force us to
is there only a couple of women on                  their business less profitable over time    ITQ?” This is our last chance to stand
the working groups? I know it’s not                 due to lost revenue.                        up to this absurd and ridiculous so-
because of lack of applicants.                                                                  called fisheries management.
                                                       What happens to the catch history of
   I know several women with long-                  licences that did not have the relevant        How many of you fishermen out
term histories in industry that applied             endorsement attached by April 22.           there have been subjected to any or
for the working groups and never                                                                all of this BS coming from FQ? Stand
succeeded. Fisheries Queensland,                    Dismal failures                             up now, people, or be happy with
please explain.
                                                       As my personal point of view, many       whatever crumbs FQ decide to throw
   Why is the seafood consumer being                of us have seen and experienced dismal      at you.
ignored? After all, without the seafood             failures in quota fisheries both here and
consumer, none of us has a market                   worldwide.                                     I have my own theories, and some
for our product. The consumer has a                                                             might say I’m paranoid about so-called
right to have representatives on those                 I have studied quota fisheries           fisheries management, but I’ll let you
working groups, but no provision has                worldwide (far too many to count)           be the judge. And, as I have said before,
been made for this. FQ, why not?                    and I can’t see this rollout being any      in a court of law. Time will tell.
                                                    different to anywhere else. Many of the
  I know of numerous crab fishers                   problems that exist in this framework         Footnote: This article has used the
with far more generational expertise                are the same problems worldwide.            mud crab fishery as an example only.
that applied for the first round and also                                                       QSIA has not forgotten about all the
the latest round of crab working groups                FQ has been warned by industry           other fisheries and commercial fishers
and were never successful. FQ, why                  repeatedly about the glaring flaws in
were these people never accepted?                                                               that we have which are under the
                                                    ITQ but, as usual, our concerns are not
                                                    noted. To go to quota on Mud Crab           same pressures from FQ. Most of us
  I still have many unanswered                      is beyond belief when a huge range          are only too familiar with the quota
questions on behalf of industry for FQ.             of issues and questions from industry       management in the reef line fishery and
Here are just a few.                                seem to have been ignored by the            the failure of quota management in the
                                                    Department. Why are our concerns            Spanner Crab fishery.
   Does the unclaimable quota                       being ignored?
allocation get dived equally among the                                                             We are looking forward to pursuing
remaining quota holders?                               The harvest of a single-sex species, a   FQ legally in a court of law and would
                                                    large part of the biomass is in undersize   urge anyone with any information that
  Why is there a reluctance by FQ to                male and female Mud Crab, which is          could help, any fishers that have been
answer formally by email the simple                 not being considered, the enormous          treated unfairly in the past or present
questions posed to them?                            fecundity (breeding rate) of Mud Crabs.     or any comments on any of this, to
                                                                                                contact our CEO, Eric Perez.
  Does this “Ghost Quota” pertain                      The amount of Mud Crab photos
to all fisheries that are being forced to           placed on social media by recreational                             Shane Snow
ITQ? (My guess is that, yes, it is.)                fishers is staggering. The catch rates                      QSIA Vice President

10 — Queensland Seafood 2021 Number 1
RRStress on marriage and potential for
                       fish MANAGEMENT                                                    divorce;
                                                                                        RRImpact on crew and their families;
Results of QSIA questionnaire                                                           RRIncreasing stress as it relates to
                                                                                          losing income; and
on quota impacts                                                                        RRIncreasing stress as it relates to
                                                                                          leasing or buying quota.
DURING February and March 2021,               RRsourcing quota to lease or buy; and
the QSIA sought industry feedback                                                       Other themes
                                              RRunfair quota allocation process.
regarding quota management and                                                          RRUncertainty regarding implications
received a total of 101 responses. The        Other themes                                of quota management;
the results of the questionnaire are          RRundermining of multi-endorsed           RRQuota will lead to corporate or
provided below.                                 commercial fishers;                       investor control over commercial
                                              RRunnecessary imitation of catch;           fisheries; and
  Q.1. Will the introduction of quota
management have economic impacts              RRreduction of commercial fishers; and    RRRetirement insecurity as individual
on your business? If “Yes”, please list       RRhigher seafood retail costs.              businesses come under threat
what you believe are the economic                                                         from the introduction of quota
impacts for your business?                       Q.2. Will the introduction of quota      management.
                                              management have social impacts
                                              for you (e.g. on your family, on your       Q.3(a). Do you fully understand
   The Association received 99                                                          the quota management system? If
responses to this questionnaire item.         relationships)?
                                                                                        ‘No’ – What are the issues you are
A majority (96% of respondents)                                                         encountering?
indicated that the introduction of quota         Eight-six (95% of respondents)
will have a negative economic impact          provided a response regarding the
                                              social impacts resulting from the            Ninety-nine commercial fishers
on their businesses.                                                                    provided feedback regarding their
                                              introduction of quota management.
                                                                                        understanding of the of quota
Response Data for Question 1                                                            management system. Forty-one
                                              Response Data for Question 2              percent of commercial fishers
  Yes 96% (n = 95)
  No 4% (n = 4)                                 Yes 95% (n = 86)                        indicated they understood the quota
  No Response - (n = 2)                         No 4% (n = 4)                           management system while 59%
                                                Unsure 1% (n = 1)                       indicated that they did not understand
   The second element of the question           No Response - (n = 10)                  the quota management system.
requested feedback regarding the
types of economic impacts that                  Commercial fishers were asked for
                                                                                        Response Data for Question 3(a)
might arise from the introduction of          feedback and their response were
quota management. Amongst the                 grouped below.                              Yes 41% (n = 41)
commercial fishers that responded, 89                                                     No 59% (n = 58)
of the 95 responding “yes” provided           Dominant themes                             No Response - (n = 2)
feedback. That feedback was grouped           RRThe most cited response from
into themes which are detailed below.                                                      Commercial fishers were asked
                                                commercial fishers to this              for feedback. Forty-nine commercial
                                                questionnaire item was stress;          fishers provided feedback and their
Dominant themes
                                                Specifically, commercial fishers        response were grouped below.
RRthe loss of and/or insecure income
                                              noted the following:
RRincreased business costs;                                                             Dominant themes
RRu n k n o w n i m p a c t s o f q u o t a   RRGeneral increase in stress and family   RRAn awareness that Fisheries
  management in the long-term;                  relationships;                            Queensland has not fully explained
RRshift of control from commercial            RRAdditional stress as part of the          the quota management system to
  fishers to ‘quota barons’;                    reform process;                           industry;

                                                                                   Queensland Seafood 2021 Number 1 — 11
RRPort visits were evaded on purpose,             While 64 commercial fishers (66% of             Q.4. Will zoning (regionalisation) af-
  to avoid an open backlash from the              respondents) do not fully understand         fect your business?
  majority of industry regarding the              quota regulations.
  reform process;                                                                                The Association received 97
RRReporting obligations;                          Response Data for Question 3(b)              responses with 65 commercial fishers
                                                                                               (67% of respondents) indicating
RRConcerns about the operation of                   Yes 34% (n = 33)                           zoning would affect their businesses.
  quota expressed amongst crab, net                 No 66% (n = 64)                            While 32 commercial fishers (33% of
  and trawl commercial fishers; and                                                            respondents) do not believe zoning
                                                    No Response - (n = 4)
RRC o n c e r n s r a i s e d r e g a r d i n g                                                would affect their business.
  discards under quota management                    Commercial fishers were asked
  arrangements.                                   for feedback. Forty-two commercial           Response Data for Question 4
                                                  fishers provided feedback and their
Other themes                                                                                     Yes 67% (n = 65)
                                                  response were grouped into themes
RRIndustry has not been offered                   below.                                         No 33% (n = 32)
  compensation;                                                                                  No Response - (n = 4)
RRLack of quota to make a sustainable             Dominant themes                                Commercial fishers were asked for
  living;                                                                                      feedback. Sixty commercial fishers
                                                  RRLack of plain English explanations of      provided feedback and their response
RRRole of department in quota leasing               regulations; and
  and cost; and                                                                                were grouped below.
                                                  RRLack of proper consultation.
RRQuestions regarding how quota
                                                                                               Dominant themes
  trading will operate.                           Other themes
                                                                                               RRLoss of mobility between zones;
  Q.3(b). Do you fully understand                 RRThe impacts of the regulations on
                                                    quota lease price or purchase price        RRLimited quota or access to quota on
the regulations that support the quota                                                           a zone-by-zone basis;
management system? If ‘No’ – What                   are unknown;
are the issues you are encountering?                                                           RRIncrease pressure on a zone-by-zone
                                                  RRLimited ability to ask questions;            basis has not been explored; and
   The Association received 97                    RRIncreased red tape; and                    RRZoning will undermine multi-
responses with 33 commercial fishers              RRLink between introducing quota               endorsed commercial fishers by
(34% of respondents) indicating they                management and protecting the                limiting their mobility.
fully understood quota regulation.                  fishery is unclear.

                                                     Fisheries Queensland provided a           and the impost on commercial fishers
      REEF FISHING                                refresher on the stock assessment            imposed by a reduction in the TACC, but
                                                  undertaken for common coral trout in         recognised the importance of following
                                                  2020. The working group noted the stock
Trout quota to                                    assessment estimated the spawning
                                                                                               the harvest strategy process. The working
                                                                                               group members supported adopting the
                                                  biomass for common coral trout in 2019
be cut by 17%                                     to be 59% of unfished levels, resulting in
                                                                                               final recommended TACC of 963 tonnes
                                                                                               for the 2021-22 fishing season.
                                                  a Total Allowable Catch (TAC) of 1,073
for ´21-22 year                                   tonnes to rebuild the stock to 60%
                                                  spawning biomass. The working group            When you read about working group
IT looks like professional line fishers                                                        decisions, it is worth noting that there
will take a hit of 200 tonnes in the total        then discussed improvements to the
                                                  TAC’s calculation process, in particular     are four commercial fishers (and two
allowable catch (TAC) of coral trout in                                                        marketers) on a working group of 16.
                                                  the transparent use and application of the
the 2021-22 fishing year.                         recommended biological catch limit from
                                                  the stock assessment, discount factors to      Another change on the way is
  My reading of the latest Fisheries              account for uncertainty and the scaling      the return of the obligatory pre-trip
Queensland communique following a                 factor to calculate an “all coral trout”     notification before commercial fishers
meeting of the reef line fishery working          TAC. Based on the 2020 coral trout stock
group in late April is that the TAC will                                                       head out. This was previously dropped
                                                  assessment, and applying the harvest         when the vessel monitoring system
be cut from the current 1,163 tonnes              strategy decision rules, a Total Allowable
to 963 tonnes, a reduction of just over           Commercial Catch (TACC) of 858               (VMS) was introduced.
17 per cent.                                      tonnes was recommended, a 305-tonne
                                                  reduction from the current TACC of              The communique says: Fisheries
   And it would have been cut by more             1,163. Fisheries Queensland advised that     Queensland provided an update on
than a quarter – by 300 tonnes – if               the harvest strategy provides a maximum      the new standardised commercial
fisheries managers had their way but a            change rule of 200 tonnes, resulting in a    fishing reporting requirements that will
rule of “no more than a 200-tonne cut             final recommended TACC of 963 tonnes         commence on 1 September 2021. The
between seasons” saw the reduction                for the 2021-22 fishing season.              working group noted the primary change
kept to that latter figure.                                                                    for the reef line fishery is the introduction
                                                     Industry members noted concerns           of a pre-trip notice that is required before
   But it is still a big hit for commercial       that the reduction in the recommended        commencing a fishing trip.
fishers and marketers.                            TACC comes from a new stock
                                                  assessment model which shows a lower            Fewer fish, tighter restrictions:
                                                  biomass estimate than the previous
  No change has been recommended                  model and had significant concerns           fishing controls only ever seem to go in
to the take by recreational anglers and           with the potential economic impact           one direction.
charter operators.                                on quota lease price associated with                                       Neil Green
                                                  large TACC changes. The working group
  Here is the relevant passage from               acknowledged the deterioration in              (Neil is a net, crab and line fisherman
the communique.                                   the economic conditions of the fishery       and a former QSIA President.)

12 — Queensland Seafood 2021 Number 1
SENATE HEARING ON QUOTA
QSIA makes submission to Senate inquiry into quota
The QSIA has submitted a detailed argument against the unnecessary introduction of quota to the Senate
Standing Committees on Rural & Regional Affairs & Transport inquiry into the fisheries quota system.

THE inquiry provided the Association              RRQuota management is not the              of species availability and price impacts
with an opportunity to make a case                  solution to the threats facing the       are also unknown.
against the use of quota management,                marine ecology in Queensland.
its significant limitations and the cost to       RRSince 1990, active commercial               This submission provided evidence
commercial fishers and community.                   fisher numbers have fallen by 51 per     that quota is not the panacea for
                                                    cent to 1,364 operators working          fisheries management issues in
  This submission provided a rationale              across the commercial crab, net,         Queensland.
for re-thinking the use of quota man-               line and trawl fisheries. After the
agement and did so by making the fol-               full implementation of the so-called        The introduction of quota
lowing arguments.                                   Queensland fishing reforms, the          management fits into the current
                                                    Association estimates an overall         fisheries management narrative, that is:
RRU n d e r c u r r e n t f i s h e r i e s         reduction of 67 per cent in active
  management arrangements,                          commercial fishers.                      RRlimiting catch for the commercial
  Queensland commercial fisheries                                                              sector based on zero scientific
                                                    The introduction of quota manage-          evidence;
  are sustainable. The current, so-               ment is a solution to a problem that
  called Queensland fisheries “reform”            does not exist.                            RRredistribute the remaining catch
  process has indicated that, with the                                                         amongst an almost unaccountable
  introduction of quota management,                                                            and lightly regulated recreational
                                                    Queensland fisheries are in no             fishing sector; and
  the community will inherit more                 danger of collapse yet the Queensland
  sustainable fisheries. This is a public         Government has insisted its quota          RRfisheries policy-making that reflects
  policy lie.                                     management approach will ensure the          the desires of environmental activist
RRT h e i n c o m p e t e n t f i s h e r i e s   longevity of the marine resource.            groups like WWF Australia and the
  management of the Queensland                                                                 Australian Marine Conservation
  Spanner Crab fishery led to a 48 per              Alternatives to quota management           Society.
  cent devaluation of the fishery quota.          were never fully explored by Fisheries        Nothing in the so-called Queensland
RRMulti-endorsed commercial fishers               Queensland. A decision by government       fisheries reform process, particularly
  will: (a) lose parts of their businesses        has led to the bypassing of a regulatory   quota management, will address
  forcing a decision to seek finance              impact statement (RIA).                    the impacts of coastal and port
  and increase their debt or leave                                                           development, modification of
  the industry; and (b) government                  The implications of reform               catchments, pollution, the introduction
  has not offered compensation for                for the catch sector may only be           of organisms from shipping, the
  the resource reallocation that is               known through the use of a post-           modification of tributaries or the well
                                                  implementation assessment (PIA).           documented ineffectiveness of fish
  the Queensland fisheries reform
  process.                                                                                   migration ladders in barrages and weir
                                                     This approach has minimal industry      walls that greatly hinder the natural
RRThe outcomes of introducing quota-              support and is viewed as a waste of        migration of juvenile fish species back
  managed fisheries in Canada and                 time and resources given the damage        into fresh water (the natural process).
  Iceland provide a warning to policy-            to individual commercial fishers, their
  makers that quota will lead to: (a)             families and the undermining of the          The introduction of quota
  the consolidation of businesses in              sector will not be addressed.              management is a smokescreen for
  the catch sector; (b) a consolidation                                                      unimaginative fisheries policy making
  of quota-owners leading to greater                 The impacts of quota management on      that, when filtered, is about the politics
  control over commercial fishers;                the post-harvest sector have received      of fishing and not the availability of
  and (c) negative impacts on local               no attention under the so-called           local seafood to the community, food
  communities through the loss of                 fisheries reform process. Moreover,        security or the viability of micro- and
  employment and employers.                       the impact on the community in terms       small commercial fishing operators.

                                                                                        Queensland Seafood 2021 Number 1 — 13
Asked to attend …
  LEGAL MATTERS                               If you are asked to attend a QBFP              trawl news
                                           office, QBFP officers can ask you for
Our rights as                              your name and address. It is an offence
                                           not to comply, so give them your
                                                                                        Trawl assessment
commercial                                 details if asked.                            by Fed Govt
fishermen                                     If QBFP officers ask the fisher to        for EPBC Act
                                           produce documents – for example
HERE is a common question from             licence card, logbook and sale dockets       A MESSAGE has been received
commercial fishers: Can you legally        – all must be produced immediately           from the Federal Government’s
record conversations with Queensland       unless you have a reasonable excuse.
Boating & Fisheries Patrol officers?                                                    Department of Agriculture, Water and
                                                                                        the Environment (DAWE) to say it is
                                             For something like sales dockets that      making an environmental assessment
  The short answer is: yes, you can.       would not be on the boat, you would          of the Queensland East Coast Trawl
                                           have to deliver them to their office         Fishery (formerly the Queensland
  In Queensland, it’s legal for you to     within a reasonable time.
record a conversation that you are a                                                    East Coast Otter Trawl Fishery) under
party to (recording with your mobile                                                    the Environment Protection and
                                              QBFP officers can ask the fisher
phone, for example).                       to give information about a potential        Biodiversity Conservation (EPBC) Act
                                           offence.                                     1999.
   So, what’s “being a party to a
conversation” mean? It means you are          You have to comply unless you have          Export approval for the fishery
either the person being spoken to or       a reasonable excuse. (A reasonable           expires on 31 August 2021. In April
you are there when another person is       excuse can be that the information           2021, the Department of Agriculture,
being spoken to – and it is obvious you    being sought might incriminate the           Water and the Environment received
are there.                                 fisher.)                                     an application ‘Sustainable Fisheries
                                                                                        Strategy 2017-2027’ from the
   You cannot, however, then publish          QBFP officers can ask the fisher          Queensland Department of Agriculture
or share that recording unless using for   to stop or pull in gear or something.        and Fisheries.
legal proceedings or if the other party    You have to comply unless you have
agreed.                                    a reasonable excuse. A reasonable              The application has been prepared
                                           excuse can be that there is a safety
 So, do NOT post it on any social          issue. The fisher would have to comply       to address the Australian Government
media or start sharing it around to your   with the direction at the most practical     “Guidelines for the ecologically
mates by SMS.                              time after the direction was given.          sustainable management of fisheries –
                                                                                        2nd edition”.
An example                                    A QBFP officer can ask you to attend
                                           their office to “chat about an alleged         The application will be used to
  Take this example.                       offence”.                                    assess the operation of the fishery for
                                                                                        the purposes of Parts 13 and 13A of the
   You are going about your business           You are not obligated to attend at       EPBC Act.
fishing. A QBFP Officer approaches to      all. Just politely decline. QBFP officers
start talking to you (or someone else      can ask the fisher to give information
on the boat while you are there) You                                                       DAWE has invited public comments
                                           about a potential offence under the          on the fishery. The application can be
are allowed to legally record the entire   Act, however a reasonable excuse not
conversation (video or audio).                                                          found on the Department’s website
                                           to comply can be that the information
                                           being sought might incriminate the           at: https://www.environment.gov.au/
  You do not even have to tell them        fisher.                                      marine/fisheries/qld/east-coast-trawl
that you are doing it, but probably
better that you do tell them. It of           So, if a QBFP officer is talking to you      The call for public comments is open
course might be really obvious if you’re   at the ramp or on your boat, be polite,      from 11 May 2021 until 15 June 2021.
holding your phone in front of you.        give them your name and address,
Remember, they are likely recording        licence card, logbook, etcetera, let           Please submit your comments to:
you too.                                   them inspect the catch, nets and other
                                           gear, but you do not have to give them         The Director
   You can use that recording later        any further information.
if you disputed what QBFP said had                                                        Wildlife Trade Assessments Section
happened, for example. If that were the       They will be recording the entire           Department of Agriculture, Water,
case, you should consider contacting a     interaction with you so, often, the less
lawyer.                                                                                   and the Environment
                                           that comes out of your mouth, the
                                           better, I recommend you remain calm            GPO Box 858
Summary                                    and polite as you do not want to be hit
                                           with an Obstruction charge.                    CANBERRA ACT 2601
  So, in summary: can you start
your mobile phone and record a                                                             Submissions may also be emailed
conversation with QBFP when they              If you are asked to attend the QBFP       to sustainablefisheries@awe.gov.au
are talking to you? Yes, you can. Just     office, ask “Why?” and then you could
make sure you are a party to the           consider getting legal advice before
                                           you do it (or decline to do it).               Trawl operators can contact me on
conversation.                                                                           0417 631 353
                                                                 Chris Thompson
 Can you post the recording on social                             Law Essentials                                   Eric Perez
media? No, you can’t!                                              0409 517 587                                          CEO

14 — Queensland Seafood 2021 Number 1
of their ways and given me the ability
                                 LIFE AT SEA                                                  to predict their moves or flight paths,
                                                                                              which is an unbelievable advantage as a
Richard Freeman turns photography                                                             photographer.

into an art form                                                                                 Time and time again, I have been
                                                                                              able to predict to within a few seconds
Richard Freeman is a Sunshine Coast spanner crab fisherman who has                            just when that magnificent humpback
turned photography into an art form, capturing stunning images of life                        whale will burst out of the water to
at sea. Here he explains how he captures those photographs, and why.                          capture that incredible breach shot.

STILL photography from a small boat                I normally brace myself with one leg          Once, when I was photographing
at sea can be near impossible. I heard           against the gunwale and the other leg        a giant petrel, taking advantage of the
a National Geographic photographer               against my ice box. Everything moves         lovely early morning light, he decided to
say “One of the most important rules             the boat: large ocean swells, little wind    paddle away from me and I quietly said:
of still photography is to keep the              waves, as well as wind and current all       “Where are you going? I’m not finished
camera still.” I guess that is why most          combine to continuously move the             shooting yet.” He turned around and
professional landscape photographers             boat one way or another.                     paddled back to me. Moments like this
use tripods.                                                                                  are feel-good moments and leave me
                                                    The subject I am shooting is also very    with a marvellous warm feeling inside.
  None of this is possible from a small          much on the move and in some cases,
boat, which on many a day is being               like a breaching whale, cannot be seen          Indeed, the most heart-warming
tossed around like a cork in a washing           until it breaks the surface of the water.
                                                 In the time takes to turn and point the      thing I find is that all these amazing
machine.                                                                                      creatures come to me. Sure, some
                                                 camera, pre-focus, and compose the
                                                 shot, then allow for a little shutter lag,   hope to score fish scraps around fishing
   Photography is difficult at sea even          well, that breaching humpback is only a      boats, but many, like whales, appear to
on the calmest of seas. Any breeze at all        (big) splash.                                just enjoy the company.
will carry water and spray back over the
boat, not to mention the odd breaking               For me, it really did take years             Then there are the darling tiny storm
wave crashing over the gunwale, which            of perseverance to capture my first          petrels whose flight is quick and most
is why most days I need to wear my full          whale-breaching shot. Then many              erratic as they daintily dart and dance
length wet weather gear.                         more years to capture the quality shots      while disappearing and reappearing
                                                 I have now.                                  between the waves, providing a real
  To combat all this movement, I                                                              challenge just to keeping them in the
always use the highest shutter speed I              More than 30 years of working alone       view finder.
can helped along with an ISO setting of          at sea with these magnificent creatures
400.                                             has enabled me to understand some              Of all the creatures that visit me out

Richard Freeman heading to sea in his beloved 5.6-metre Shark Cat.

                                                                                         Queensland Seafood 2021 Number 1 — 15
at sea, those spectacular humpback
whales have to be the grandest of all.

  I have had such incredibly close
encounters, where whales will swim
past inches from my boat and may
even stay with me while I’m winching
a whole string of dillies.

   Occasionally, a whole pod of whales
may befriend me, staying with me for
quite some time and repeatedly swim
close enough to gently scrap the boat,
turn around and make another leisurely
pass – in fact, so close that they will
pass their tail over my bow rail while
I’m working.

   It is just heart thumping
breathtakingly awesome to be so close
to such a massive and magnificent
creature. Humpback whales appear
to be quite oblivious of the law which
states that we should stay at least 100      Weather
metres clear of each other! But, when
you are as big as a humpback whale,
who is going to argue with you?

   Other encounters can be quite
tranquil and enchanting. Reminiscent
of the morning I had set my first shot,
the air had a little chill to it and I was
quietly sitting down enjoying a hot cup
of tea from my thermos and watching
a beautiful sunrise over a calm sea with
just ocean on the horizon all round,
when I realised that the tune I could
hear percolating through the bottom
of my boat was a nearby submerged
whale singing his song. A serene alone-
at-sea moment like this gives one great
joy and I am overwhelmed with a “Life
is good and I wouldn’t be dead for
quids” sensation.

    Then again, a massive humpback the
size of a bus may unexpectedly burst
out of the water so close to completely
fill my field of vision and I stand there    Gannet
dumbfounded, with eyes as wide as
saucers, and think “Wow!”

  Occasionally, a whale will breach
very high and fully clear of the water.
Looking up skyward at a fully grown
30-tonne or more humpback whale
out of the water and up close is surely
one of the most breathtaking and
awesome sights on this planet.

   Many a day I take gigabytes of shots
only to download them at home that
night to find that I have very few
keepers and no magic shots at all. But
it doesn’t matter if I have no keepers,
because I’m back out again next day
trying again for that magic shot all over
again.

  Actually, those truly “magic” shots
are normally few and far apart. The
shots I have displayed on my website
are the result of thousands of work          Dolphin

16 — Queensland Seafood 2021 Number 1
days from sun up to sun down with the
                              camera always at my side.

                                 My skills at panning, pre-focusing and
                              composing a shot have become better
                              over the years and I am truly amazed
                              at the success I have had. However
                              capturing that magic shot is still much
                              about just getting lucky and only a little
                              to do with skill.

                                In 2005, I entered my first
                              photography contest, the Sunshine
                              Coast Show. To my amazement, I not
                              only won the category I entered but
                              was awarded the outright “Champion
                              Print”. I found the time to enter this
                              show again the following year and was
                              a bit overwhelmed to be awarded
                              outright “Champion Print” again in
                              2006. I have won several other local
                              photo contests.

Humpback whale                  My images have been used by a
                              range of organisations, including the
                              Australian Defence Force to promote
                              recruitment, the federal Department
                              of Sustainability, Environment,
                              Water, Population & Communities to
                              promote marine protection areas, the
                              Queensland Department of Primary
                              Industries, the Queensland Museum
                              and the Queensland Boating & Fisheries
                              Patrol, as well as seafood processors to
                              promote seafood.

                                My current camera is a DSLR Pentax
                              K5 11, which I chose for all of its
                              weather-proofing seals.

                                 I keep it beside me in a waterproof
                              Pelican case and can have it out of the
                              case, turned on and in my hands in only
                              a few seconds (which is still too slow
                              for many of the things I see).

                                 My camera cops a real hiding while
Portuguese man of war         at sea, I never have time to dry my
                              hands, because if I did I would probably
                              miss that shot.

                                 After each shooting session, the
                              camera goes back into its case, salty-
                              wet, along with a bit of bait and a
                              couple of fish scales it has collected
                              from my hands. The Pelican case itself
                              is often awash with salt water as it rests
                              on the floor of my open Shark Cat.

                                  When I have a few days at home, I
                              wipe the camera over and spray it with
                              silicone spray and clean the lens and it
                              goes back into the Pelican case looking
                              deceptively like new but, funny thing is,
                              it still has a fishy smell to it.

                                Note: To see more of Richard
                              Freeman’s photographs, go to his
                              website: http://aloneatseaphotography.
                              com.au/8229 (Richard no longer sells
                              prints but they are still there to enjoy
Yellow-nosed albatross        on your screen.)

                         Queensland Seafood 2021 Number 1 — 17
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