Victorian Rock Lobster Association Inc.
PO Box 133
Apollo Bay
Vic, 3233
ABN: 83 100 473 602
23 May 2014
Mr Ross McGowan
Executive Director
Fisheries Victoria
Dear Mr McGowan,
RE: Draft Quota Order 2014/15 – Rock Lobster West and East Zones
Thank you for your correspondence dated 29 April 2014 and the opportunity to provide a response
regarding the draft 2014/15 Further Quota Order for the Rock Lobster Fishery.
As the facts available (and as presented at the Eastern Zone (EZ) TACC Forum on 7 April 2014) regarding
Rock Lobster (RL) resource sustainability indicate that the current Draft Quota recommendation for the
EZ TACC delivers outcomes that satisfy the overarching Vision and Objectives of the Victorian Rock
Lobster Fishery Management Plan 2009 (hereafter referred to as the ‘Plan’), VRLA supports the
proposed EZ TACC increase to 59t. VRLA can also confirm that this position is supported by the majority
(83% of VRLA EZ members and 53% of the overall EZ license base) of EZ RL license holders (see Table 1:
2014/15 RL TACC Poll Results below).
However, for the Western Zone (WZ), while the available science (as presented at the WZ TACC Forum
on 8 April 2014) indicates that RL stocks are ‘safe’ and ‘rebuilding’ (thereby satisfying the resource
sustainability objectives of the Plan), it is the (modified) decision criteria (including the arbitrary use of a
hard rebuild ‘target’ by 2021 and use of questionable ‘standardisation’ of CPUE figures) that has resulted
in a Draft Quota recommendation being a decrease of TACC from 260t to 230t in 2014/15.
VRLA appreciates that the basis for Fisheries Victoria (FV) to endorse this outcome is that this is in
accordance with use of these methodologies and decision rules that were allegedly ‘supported1’ by
Industry (despite this being challenged by several Industry participants on numerous occasions at both
RL RAG and TACC Forums ever since their inception). While these concerns were again raised by Industry
participants at the WZ TACC Forum on 8 April 2014, only a sub-set of WZ RL license holders were
present at the Forum. While the majority of those WZ RL license holders who were present rejected the
proposed TACC reduction, FV was not able to fairly test these challenges as to the veracity of the claims
that the Plan (and the TACC recommendation derived from it) has the ‘support’ of Industry with only the
1
It is also important to note that this claim by FV is actually based on the notion that Industry ‘had the
opportunity’ to provide comment on the Plan and subsequent changes made to it and either didn’t or didn’t do so
in sufficient numbers at the time to warrant a ‘rejection’ of what was proposed. So, it is actually the claimed
‘absence of rejection’, rather than a qualified indication of support from Industry that has seen the Plan evolve into
its present form. This approach is indicative of a systemic problem in FV when it comes to Industry ‘consultation’
(ie, silence is consent); something that VRLA will be seeking to remedy with FV in future engagement with Industry
stakeholders.
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views of those present being expressed. In the absence of a qualified ‘whole of Industry’ position, FV will
understandably default to the status quo, regardless of how that might have come to be.
So, in order to provide FV with visibility of a qualified position on the view of WZ RL license holders with
regard to levels of support for the Plan and the proposed Draft Quota Order resulting from application
of the (modified) decision criteria, VRLA conducted a TACC Poll amongst its membership base in both
the EZ and the WZ.
As detailed below in Table 1: 2014/15 RL TACC Poll Results, FV can now see that the vast majority of WZ
RL License holders (84% of VRLA WZ members and 73% of the overall WZ license base) reject the
proposed reduction in the WZ TACC from 260t to 230t and want the TACC for 2014/15 to remain at 260t
(a level acknowledged by the available science to be ‘sustainable’ and still rebuilding the biomass).
Table 1: 2014/15 RL TACC Poll Results
Poll Options
East Zone
West Zone
59t
51t
Other
No response
Total
260t
230t
Other
No response
Total
Of VRLA Membership
Count
24
0
0
5
29
52
7
3 (240t)
0
62
%
83%
0%
0%
17%
100%
84%
11%
5%
0%
100%
Of Total DEPI RL License Base
Count
24
131
0
82
45
52
133
3 (240t)
34
71
%
53%
29%
0%
18%
100%
73%
18%
4%
4%
100%
Notes:
1. Includes 13 licenses outside of the VRLA membership but where the view (although not expressed through
the Poll) was known to be 51t.
2. Includes the 5 ‘no responses’ from the VRLA Poll plus an additional 3 licenses (license ownership unknown)
to account for all 45 of the total number of DEPI licenses (as published in the recent RIS).
3. Includes the 7 Poll responses plus the view of 6 licenses outside of the VRLA membership but where the
view (although not expressed through the Poll) was known to be 230t.
4. 3 additional licenses included here (license ownership unknown) to account for all 71 of the total number
of DEPI licenses (as published in the recent RIS).
As can be seen from the Poll results, there is no longer any ambiguity or uncertainty around the level of
support amongst WZ RL license holders for the Plan in its current form and the recommendations that
result from the use of the questionable decision criteria and CPUE ‘standardisation’ within it. VRLA trusts
that FV, now (for the first time) fully informed of the majority view of RL license holders, will act in good
faith and, in keeping with the Vision2 stated in the Plan, “…[manage the RL resource] in a socially
equitable manner in partnership with stakeholders”.
In considering its final recommendations on the Draft Quota Orders, VRLA would also urge FV to
recognise that in 2014/15, Fishers will also be burdened with the first tranche of what is planned to
become the highest fees and levies ever imposed on Industry through the implementation of the new FV
2
Victorian Rock lobster Fishery Management Plan 2009, p7
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Cost Recovery regime. (Also noting that this impost is on top of the arbitrary 30% increase in fees and
levies last year.)
It should also be understood that most RL license holders don’t have the luxury of electing to reduce the
TACC (in either the East Zone or the West Zone) in order to speed biomass rebuild rates. In addition,
most license holders don’t see it as a ‘better return on investment’ if further constrained quota
availability increases quota leasing costs. Conversely, any increased leasing cost merely reduces net
income for fishing businesses relying on leased quota as Fishermen are price takers not price setters and
have no ability to pass on these additional operating costs to the Marketplace.
As such, any suggestion of reducing the TACC in either the East Zone or the West Zone (and therefore
limit, through Government bureaucracy and ideology, the ability of Rock Lobster Fishermen to earn a
living) at this point in time when there is no threat to stock levels seems to defy common sense.
Serious concerns have also been raised by Industry regards the timeliness and effectiveness of the
process of ‘consultation’ with Industry through the RL RAG and TACC Forums. When the stock
assessment (and TACC recommendation) is first presented at the RL RAG it seems to be a fait accompli.
Questions regarding clarification and explanation of dubious (and inexplicable) ‘standardised’ CPUE
figures and previous misreporting in interpretations of fishing effort remain unanswered. Industry is told
that it would take “too long” to investigate or re-work figures in “this TACC setting cycle” and that
“perhaps this could be looked at in the coming year”?! The fact that the (‘Final Draft’) minutes for the RL
RAG meeting (held on 26 February 2014) prior to the TACC Forums in April were only distributed on
Monday, 19 May 2014 (ie over a month after the TACC Forums) clearly indicates that the current
process of Industry ‘consultation’ in the stock assessment and TACC setting process is broken.
VRLA would welcome the opportunity to work constructively with FV and the Minister to remedy the
shortcomings in RL Industry consultation and the apparent breakdown in due process in the stock
assessment and TACC setting process. It is recommended, therefore, that FV;
•
•
•
Endorse a rise in TACC to 59t in the East Zone and leave the West Zone at 260t for 2014/15. This
is in keeping with the views of the majority of RL license holders in both the East Zone and West
Zone. This position is also still consistent the overarching Vision and Objectives of the Victorian
Rock Lobster Fishery Management Plan 2009
Immediately establish a RL MAC (this has been an outstanding action in the RL Management
Plan since 2009) and commence a review of the Plan with an expectation that a revised Plan
(genuinely supported by Industry) will be in place for 2015/16.
Develop an annual timetable, and supporting processes, that allows for meaningful and timely
consultation with Industry for stock assessments and setting of the TACC in the future (including
time for investigation of queries raised by Industry at RL RAG meetings once initial stock
assessment results are made available).
VRLA respectfully requests that FV and the Minister carefully consider the serious matters and concerns
raised in this submission and demonstrate that the voices of Industry stakeholders are now going to be
listened to, and not ignored.
Yours sincerely,
Markus Nolle
President, VRLA
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