Submission for Australian export from Exploratory Fisheries in the

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Submission for Australian export from

Exploratory Fisheries in CCAMLR

Statistical Divisions 58.4.1 and 58.4.2

August 2015

This report has been prepared by AFMA for consideration by the Department of the

Environment, in relation to an approved Wildlife Trade Operation under the Environment

Protection and Biodiversity Act 1999 (EPBC Act).

Submission for the assessment of Exploratory Fisheries in CCAMLR Statistical Divisions 58.4.1 and

58.4.2 - 2015

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Table of Contents

9

1 Description of the fishery ............................................................................................. 3

1.1

Overview of CCAMLR.................................................................................................................................4

1.2

What are New and Exploratory fisheries? ...................................................................................................6

1.3

Target and bycatch species ........................................................................................................................6

Antarctic toothfish (Dissostichus mawsoni) ...............................................................................................................6

Patagonian toothfish (Dissostichus eleginoides) ......................................................................................................7

Bycatch species ........................................................................................................................................................7

1.4

Management arrangements employed in the Fishery .................................................................................8

1.5

Fishing methods employed (gear types) .....................................................................................................9

Demersal longlining ..................................................................................................................................................9

1.6

Fishing area .............................................................................................................................................. 10

1.7

Allocation between sectors ....................................................................................................................... 10

1.8

Governing legislation/fishing authority ...................................................................................................... 11

1.9

Status of export approval/accreditation under the Environment Protection and Biodiversity Act

1999.......................................................................................................................................................... 11

2 Management ............................................................................................................. 11

2.1

A statement of the performance of the fishery against objectives, performance indicators and performance measures ............................................................................................................................. 11

2.2

Compliance risks present in the fishery and actions taken to reduce these risks ..................................... 11

Domestic vessels .................................................................................................................................................... 11

IUU fishing vessels ................................................................................................................................................. 12

2.3

Consultation processes ............................................................................................................................ 13

2.4

Demonstration of compliance with TAP’s, recovery plans, etc and also relevant domestic and international agreements (where applicable) ............................................................................................ 14

3 Research and Monitoring .......................................................................................... 14

3.1

Results of any research completed relevant to the fishery, including how results will be incorporated into management of the fishery ............................................................................................ 14

3.2

Description of monitoring programs used to gather information on the fishery ......................................... 14

Fishery dependent monitoring

– regular data collection

......................................................................................... 15

Fishery independent monitoring – one off data collection ....................................................................................... 16

4 Catch data................................................................................................................. 18

4.1

Total catch of target species (including retained and discarded catch) .................................................... 18

4.2

Total catch of target species taken in other fisheries ................................................................................ 18

4.3

Total catch of bycatch species .................................................................................................................. 18

4.4

Harvest by each sector (ie: commercial, recreational, indigenous and illegal) .......................................... 19

4.5

Effort data including information on any trends ......................................................................................... 19

4.6

Spatial issues/trends................................................................................................................................. 20

5 Status of target stock ................................................................................................ 20

5.1

Resource concerns ................................................................................................................................... 20

Application of the Precautionary Approach – New and Exploratory Fisheries ........................................................ 21

Incorporation of IUU take in the setting of catch limits ............................................................................................ 21

5.2

Results of any stock assessments ............................................................................................................ 21

6 Interactions with protected species ........................................................................... 22

6.1

Frequency and nature of interactions ....................................................................................................... 22

6.2

Management action taken to reduce interactions and results of such action ............................................ 22

7 Impacts of the fishery on the ecosystem in which it operates .................................... 23

7.1

Nature of impacts on the ecosystem......................................................................................................... 23

7.2

Management action taken to reduce impacts and results of such action .................................................. 24

8 References................................................................................................................ 24

List of acronyms ........................................................................................................ 24

Submission for the assessment of Exploratory Fisheries in CCAMLR Statistical Divisions 58.4.1 and

58.4.2 - 2015

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Introduction

This assessment covers Australian fishing methods in Exploratory fisheries in waters under the jurisdiction of the Commission for the Conservation of Antarctic Marine Living Resources

(CCAMLR) in Statistical Divisions 58.4.1 and 58.4.2. As well as seeking approval from the

Minister for the Environment to meet Parts 13 and 13A of the Environment Protection and

Biodiversity Conservation Act 1999 (EPBC Act) , an application for the proposed fishing activity has been submitted to CCAMLR for consideration at its October 2015 meeting.

The last activity by an Australian fishing vessel in CCAMLR Exploratory Fisheries was in the

2014/2015 CCAMLR fishing season.

1 Description of the fishery

The Exploratory fisheries covered by this assessment lie in the region administered by CCAMLR.

In February 2012, the Australian Fisheries Management Authority (AFMA) and the then

Department of Sustainability, Environment, Water, Population and Communities agreed to allow the export approval for the New and Exploratory Fisheries in the CCAMLR Statistical Sub-areas

58.4.1, 58.4.2, 58.4.3a and 58.4.3b to lapse until further notice as there had been no New or

Exploratory fishing activity by Australian vessels in these Statistical Sub-areas for a number of years. The export approval expired 15 March 2012.

In early 2015, AFMA received a proposal to fish in CCAMLR Exploratory fisheries in the CCAMLR

Statistical Divisions 58.4.1 and 58.4.2 in the 2015/16 fishing year. The proposal has been submitted to CCAMLR for consideration at its annual meeting, to be held in October 2015. The proposal is the second of its kind recently, with a proposal to fish in Divisions 88.1 and 88.2 approved by AFMA and CCAMLR in 2014. AFMA has prepared this report, the Submission for

Australian export from Exploratory Fisheries in CCAMLR Statistical Division 58.4.1 and 58.4.2

to ensure that the fishery has received approval under the EPBC Act prior to the commencement of the CCAMLR Fishing Season on 1 December 2015.

Further detail on the history of EPBC Act export approval and accreditation of CCAMLR New and

Exploratory fisheries is at Section 1.9 below.

This report covers proposed Exploratory fishing by one Australian flagged boat in the CCAMLR

Statistical Divisions 58.4.1 and 58.4.2.

These are areas outside the Australian Fishing Zone.

The map at Figure 1 shows the CCAMLR statistical areas.

Figure 1: Location of Statistical Divisions 58.4.1 and 58.4.2 within the CCAMLR Convention area

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1.1 Overview of CCAMLR

The Convention on the Conservation of Antarctic Marine Living Resources (the Convention) entered into force in 1982 and forms part of the Antarctic Treaty system.

The Convention arose in response to concerns about the potential for a krill fishery to significantly affect the Antarctic ecosystem, which is largely dependent on krill, and a desire to avoid the overexploitation and other problems that had occurred in fisheries in many other regions.

The area of application of the Convention is the region south of a line which approximates the position of the Antarctic Convergence, the place where colder polar waters meet more temperate waters to the north and which forms an effective biological barrier to most Southern Ocean species. The objective of the Convention is the conservation of Antarctic marine living resources, where conservation is defined to include rational use.

The Convention was the first international regional agreement to stipulate a precautionary and ecosystem-based management approach. This requires that management considers the effects of any harvesting on dependent and associated species, not just the target species and those ecological relationships are maintained. The Convention applies to all marine living resources in the southern oceans apart from seals and cetaceans, which are managed under the jurisdiction of the Convention for the Conservation of Antarctic Seals and the International Whaling

Commission respectively.

As illustrated in Figure 1, the Convention area is divided into three internationally agreed statistical areas:

 Area 48 (Atlantic Ocean sector)

 Area 58 (Indian Ocean sector)

 Area 88 (Pacific Ocean sector)

These are further divided into sub-areas and divisions.

The current members of CCAMLR include 25 States and the European Union while a further 11 states have acceded meaning they are bound by the provisions of the CCAMLR Convention but are not members of the Commission. Acceding states do not contribute financially to the organisation, participate in decision-making and are not permitted to fish in the CCAMLR

Convention area.

The principal institutional elements of CCAMLR are the Commission, a policy-making and regulatory body, and the Scientific Committee, a scientific body providing management advice.

This management advice is based on assessments conducted by working groups of the Scientific

Committee including the:

 Working Group on Ecosystem Monitoring and Management (WG-EMM) which is primarily concerned with assessing and developing advice on the krill fishery, and analysing data from the CCAMLR Ecosystem Monitoring Program;

 Working Group on Statistics, Assessments and Modelling (WG-SAM) which reviews the technical aspects of the methods used by the Scientific Committee; and

 Working Group on Fish Stock Assessment (WG-FSA) which develops management advice on fisheries other than the krill fishery;

The advice from the Working Groups is submitted to the Scientific Committee, which may refine it by taking into account additional information available to the Committee. The management advice is then referred to CCAMLR for consideration.

Scientific Committee (SC) followed by CCAMLR meet annually in Hobart for a period of one week each commencing in late October. WG-EMM and WG-SAM meet several months prior to SC and

CCAMLR while WG-FSA, meets immediately prior to SC. At these meetings members examine,

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among other things, the previous year’s fishing activities within the Convention area, data collected, scientific research, applications for New and Exploratory fisheries and review the

Conservation Measures in place to regulate fishing activities.

Meetings of CCAMLR and its committees are restricted to delegates from member countries and

CCAMLR approved observers, including from international organisations. The Australian delegation to CCAMLR is led by the Australian Antarctic Division (AAD) of the Department of

Environment and consists of representatives from AFMA, Department of Foreign Affairs and

Trade, Department of Agriculture, Australian Border Force, Attorney General’s Department,

State/Territory governments, industry and conservation interests. Australia plays a leading role at these meetings.

Extensive consultation is undertaken by the Australian Government to develop a national position on CCAMLR issues. These positions are developed in consultation with stakeholders, mainly through meetings of the CCAMLR Consultative Forum (CCF). The CCF is convened by AAD and includes representatives from government, and non-government organisations, including industry, and meets three times a year.

More information on CCAMLR can be found at www.ccamlr.org

.

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1.2 What are New and Exploratory fisheries?

A new fishery as defined under CCAMLR Conservation Measure 21-01 (2010) is a fishery for a species using a particular fishing method in a statistical sub-area or division for which:

 information on the distribution, abundance, demography, potential yield and stock identity from comprehensive research/surveys or exploratory fishing have not been identified or submitted to CCAMLR; or

 catch and effort data have never been submitted to CCAMLR; or

 catch and effort data from the two most recent seasons in which fishing occurred have not been submitted.

An exploratory fishery as defined under Conservation Measure 21-02 (2013) is a fishery which:

 was previously defined as ‘new fishery’, as defined by Conservation Measure 21-01; and

 continues to be classified as such until sufficient information is available to:

- evaluate the distribution, abundance, and demography of the target species, leading to an estimate of the fisher y’s potential yield; and/or

- review the fisheries potential impacts on dependent and related species; and/or

- allow the Scientific Committee to formulate and provide advice to CCAMLR on appropriate harvest catch levels, as well as effort levels and fishing gear, where appropriate.

Copies of the relevant CCAMLR Conservation Measures for the 2014/15 season are listed at

Attachment 1 and can be found at the CCAMLR website www.ccamlr.org

. Any Conservation

Measures that are revised at the 2015 CCAMLR Commission meeting will be posted on the

CCAMLR website. No significant changes to the Conservation Measures are anticipated.

1.3 Target and bycatch species

Each year CCAMLR determines the catch and bycatch limits which apply to New and Exploratory fisheries. Conservation Measures are also developed to prescribe which members may fish based on their nominations to target a particular species in an area using an accepted fishing method.

The target species for CCAMLR Statistical Divisions 58.4.1 and 58.4.2 are Antarctic toothfish

( Dissostichus mawsoni ) and Patagonian toothfish ( Dissostichus eleginoides ). Demersal longline is the proposed fishing method under the current Australian proposal.

Antarctic toothfish (Dissostichus mawsoni)

Throughout much of its range, much less is known about Antarctic toothfish than Patagonian toothfish, although their biology appears similar. Antarctic toothfish is endemic to the seas around

Antarctica (circumpolar at latitudes generally higher than 55º South) and is distributed all around the Antarctic Continent on the continental shelf and slope and to some extent seaward. The distribution boundary between the two toothfish species is generally not well defined, and the two species are occasionally caught in the same area, such as on BANZARE Bank. Antarctic toothfish is an epibenthic species that is usually caught near the bottom in depths of 600-2000 metres.

Reflecting its higher latitude distribution, Antarctic toothfish has antifreeze proteins in its blood and tissues, whereas Patagonian toothfish does not.

Fisheries for Antarctic toothfish were much slower to develop than those for Patagonian toothfish, principally because of the much more difficult conditions for exploration and fishing in the high latitudes. A fishery began in the Ross Sea in 1998, initially by New Zealand, but in recent years vessels from several CCAMLR Member nations have participated. Following some experimental

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trawling in 2000, longlining in statistical area 58.4 began around 2003. Antarctic toothfish is the dominant species in CCAMLR New and Exploratory fisheries, as it comprises nearly all of the toothfish catch outside areas of national jurisdiction. Patagonian toothfish are generally caught within areas of national jurisdiction.

Patagonian toothfish (Dissostichus eleginoides)

The Patagonian toothfish is also known as mero, Chilean sea bass and black hake and is found in sub-Antarctic waters on shelves around islands and submarine banks. They are primarily bottom-living, in depths of 300 to 2000 metres, although they move off the bottom on occasion to feed.

Patagonian toothfish reach sexual maturity between 70 and 95 centimetres in length at around 10 years old. They grow up to 2.2 metres in length and 100 kilograms in weight. As yet, the maximum age of this species is unknown, however initial estimates indicate that Patagonian toothfish may live up to 50 years.

Bycatch species

All fish other than the target species are considered bycatch species by CCAMLR. The principal bycatch species taken have been skates and rays (rajids) and grenadiers (macrourids). With the exception of BANZARE Bank (Division 58.4.3b) and the Ross Sea (Division 88.1), where assessments exist for macrourids, bycatch limits are generally a ratio of the toothfish allowable catch (macrourids) or fixed quantities (rajids and other bycatch). Bycatch limits for Statistical

Divisions 58.4.1 and 58.4.2 are detailed in CCAMLR Conservation Measure 33-03 (2014).

When AFMA issues Fishing Permits to Australian operators to allow operations in New and

Exploratory fisheries there is a requirement for all bycatch be retained (with some exceptions) in order to limit possible interactions with marine mammals and seabirds. All retained bycatch is either frozen or processed into fish meal. Live skates, sponges, crabs and coral maybe returned to the ocean as these species have a high chance of survival and they do not attract seabirds and marine mammals when discarded . North of 60°S, where large sharks and skates are occasionally caught, they may also be returned to the sea as they cannot be landed safely.

The bycatch taken by Australian vessels in CCAMLR fisheries has generally been below the levels determined by CCAMLR. Where bycatch limits are reached in an area, AFMA has implemented move on provisions that apply to ensure CCAMLR bycatch limits are not breached.

Observer data from all New and Exploratory fisheries conducted by Australian vessels indicates

50 different categories of bycatch taxa (including a range of taxonomic resolutions from species up to family or phylum level), 35 for longlining and 30 for trawling. Of these records, only 10 of the bycatch species totalled more than 100 kilograms. The totals of the other bycatch entries ranged from 0.01 to 87 kilograms.

CCAMLR has introduced Conservation Measures 22-06 (2012) and 22-07 (2013), which specifically apply to bycatch of sessile benthic invertebrates in New and Exploratory fisheries which may indicate the presence of vulnerable marine ecosystems (VME). Vessels are required to measure the volume of all sessile invertebrate bycatch for each section (~1200m) of longline as it is retrieved, and if more than 10 litres is retained on any single segment, CCAMLR may close the areas around where the invertebrates were caught until an assessment of the presence and extent of any VMEs has been performed by the Scientific Committee.

CCAMLR Conservation Measure 22-08 (2009) prohibits fishing for toothfish species in waters shallower than 550 metres, as a measure to protect benthic communities from the impacts of demersal fishing.

VME related conservation measures will be reviewed by CCAMLR in 2015.

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1.4 Management arrangements employed in the Fishery

CCAMLR New and Exploratory fisheries are managed under the Fisheries Management Act 1991 and the Antarctic Marine Living Resources Conservation Act 1981, impleme nting Australia’s international obligations under CCAMLR. AFMA and AAD are charged with administration of these Acts respectively.

The CCAMLR Convention provides a regime for the conservation of Antarctic marine living resources, which is implemented by CCAMLR. The need for a regime arose in response to concern about the Antarctic ecosystem, and a desire to avoid the overexploitation that had occurred in fisheries in many other regions.

The Convention was the first international regional agreement to stipulate a precautionary ecosystem based management approach. This approach requires that management considers the effects of any harvesting on dependant and associated species, not just the target species, and that ecological relationships be maintained.

Advice from the Working Groups is submitted to the Scientific Committee, which may also take into account any additional information in developing advice. The Scientific Committee then refers management advice to CCAMLR for consideration. Agreed management arrangements are reflected in Conservation Measures. CCAMLR meets annually in Hobart for a period of two weeks commencing in late October to discuss issues and organise management arrangements for the coming fishing seasons. Australia plays a leading role at CCAMLR and meetings of the

Scientific Committee and each of the Working Groups.

Under CCAMLR, each member country is responsible for regulating their nationals and flagged vessels. Australia can determine management measures for New and Exploratory fisheries in addition to those set by CCAMLR. AFMA issues Fishing Permits to Australian operators whose activities have received approval through CCAMLR.

Output controls are the primary means of controlling the level of catch in CCAMLR New and

Exploratory fisheries, and are set as annual precautionary catch limits for target and some bycatch species. CCAMLR New and Exploratory fisheries operate on a competitive basis, permitting for a number of vessels from CCAMLR member countries to fish the catch limit set for the particular CCAMLR statistical area.

Members are required to nominate their intent to fish prior to the fishing season, and nominations are reviewed by the relevant working group and the Scientific Committee. The CCAMLR

Secretariat monitors the catch taken by various vessels against the catch limit and is responsible for closing the fishery once the catch limit is reached.

Some input controls are also used to minimise bycatch and the impact on the broader marine environment, and include seasonal restrictions for longline operations, fishing depth restrictions, area closures and move-on provisions where bycatch exceeds agreed levels or evidence of a

VME is encountered.

CCAMLR Conservation Measure 21-02 (2013) includes the requirement for a data collection plan that is reviewed by CCAMLR’s Scientific Committee to ensure that member’s exploratory fisheries activity is explicitly directed at developing an assessment of the resource status.

There is a prohibition on discharging offal and other bycatch to avoid incidental interactions with seabirds and mammals. Additionally two observers are placed on board all trips to monitor compliance with management arrangements and collect environmental, ecological and fisheries data.

Australia is legally bound to comply with all Conservation Measures and has consistently set environmental and data collection standards over and above those required by CCAMLR.

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CCAMLR Conservation Measures are a minimum requirement and AFMA has included a number of additional measures on operations in New and Exploratory fisheries. Many of the additional management measures adopted by Australia have since been adopted by CCAMLR.

Catch of both target and bycatch species is monitored by CCAMLR and

AFMA’s Monitoring

Section using a combination of daily shot by shot catch reports, active vessel satellite monitoring systems and information from the observers. Catch reports are submitted to CCAMLR weekly, and are further verified when the vessel unloads, and catch weights are checked by Australian compliance officers.

1.5 Fishing methods employed (gear types)

The principal method to be used by Australian vessels in CCAMLR Statistical Divisions 58.4.1 and 58.4.2 is demersal longlining.

Demersal longlining

The autoline (or Mustad) system is most commonly used by ‘Norwegian-style’ vessels and typically has a simple configuration (see Figure 2). Essentially, the system consists of a single, long ‘backbone’ or ‘main-line’ (usually 9-12 mm diameter), containing several thousand, short (~

400 mm), evenlyspaced ‘branch-lines’ (or ‘snoods’) each with a baited hook on the terminal end.

Each snood is attached via a collar to the main-line in a manner that allows the snood to rotate

360º around the main-line, as well as 360º about a swivel. Snoods are spaced 1-2 metres apart

(typically every 1300 mm).

The longline is normally stored in several ‘magazines’ on board the vessel, each containing 1000-

1200 metres of ready-hooked longline. A typical magazine might contain 950-1200 hooks.

Magazines can be joined in sequence to create the desired length of longline.

Line setting is a relatively straightforward procedure. Typically, one end of the longline is drawn from the hauling room at the stern of the vessel. The other end is attached to a marker flag, radio beacon and buoys that are thrown overboard to designate the outer limit of the longline. Heavy grapnel anchors (40-100 kgs) that have been attached to the line at a point several hundred metres below the buoys cause the longline to rapidly submerge and eventually grab onto the ocean floor. This ‘down-line’ (the initial length of the longline from the buoys to the anchors) does not contain hooks.

The anchors stabilise one end of the longline. The vessel then steams away from the fixed end of the longline at 2-10 knots, causing the central, hook portion of the longline to be paid out from the stern of the vessel. Each hook passes through an automatic baiting machine (where hooks are baited with about 90% success) before they enter the water.

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Norwegian system (autoline): ling, toothfish

200 2,000 m one magazine: 1,800 m long,

~ 1250 hooks 1.4 m apart

Set 10-40,000 hooks/day anchor

Figure 2: Indicative longline configuration (Graham Robertson, AAD)

Autoline vessels deploy negatively buoyant longlines. Weights or floats may be clipped to the longline at various intervals along the line during setting to alter the sink rate of the line. The longline is then gradually set on the ocean floor (often following topographic features as identified from an on board GPS). A second set of grapnels stabilises the proximal end of the longline.

Currently Australian vessels are using integrated weight line (9.5 – 12 mm diameter) with an internal lead core of 50 grams/metre used to sink the line.

The bottom-set hooks are then left to attract toothfish for up to 24 hours. The vessel then travels slowly (1-2 knots) towards the distal end of the longline, steadily hauling the longline back onto the vessel (Smith 1998; Blackwell et al. 2000).

More information on the auto long-line system is available at the CCAMLR on-line Gear Library http://www.ccamlr.org/en/publications/fishing-gear-library .

1.6 Fishing area

This submission covers CCAMLR Statistical Divisions 58.4.1 and 58.4.2.

1.7 Allocation between sectors

There is usually no allocation between sectors in New and Exploratory fisheries, however catch limits are divided into Small Scale Research Units (SSRU) within each Division. The fisheries operate as competitive catch limits which allow for a number of nominated vessels from CCAMLR member countries to fish the limit set for the particular CCAMLR statistical area.

In circumstances where a specific program of research is approved by CCAMLR, a research allocation can be made to ensure other fishing activities do not interfere with the research. For example, in 2008 an Australian vessel was allocated a research catch limit to conduct a randomised longline survey in Subdivision 58.4.3b (BANZARE Bank).

At the 2015 WG-SAM meeting, it was noted that five members, Australia, France, Japan, Korea and Spain had notified to conduct research in the exploratory toothfish fisheries CCAMLR

Divisions 58.4.1 and 58.4.2. The Working Group requested that the notified members coordinate to ensure that research to progress a stock assessment in this area would not be jeopardised by

Olympic fishing. Australia has put a proposal to CCAMLR that seeks to establish an arrangement

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whereby all notified members have a catch allocation to undertake research. The general principle is that all notifying members have a minimum research allocation at the start of the season to conduct meaningful research, such that the sum of the allocations do not exceed the precautionary catch limit for any SSRU in these Divisions.

1.8 Governing legislation/fishing authority

Operations by Australian vessels in CCAMLR New and Exploratory fisheries are managed by

AFMA under the Fisheries Management Act 1991 and the Antarctic Marine Living Resources

Conservation Act 1981 implementing Australia’s international obligations under CCAMLR. AFMA and AAD respectively are charged with administration of these Acts.

1.9 Status of export approval/accreditation under the Environment

Protection and Biodiversity Act 1999.

Australia’s CCAMLR New and Exploratory fisheries in Statistical Divisions 58.4.1, 58.4.2, 58.4.3a and 58.4.3b were declared an approved wildlife trade operation under the EPBC Act on 25

November 2005 for a period of three years, and on 18 November 2008 for a further three years until 25 November 2011. An amendment to the list of exempt native species provided for an extension of export approval until 15 March 2012.

The amendment lapsed on 15 March 2012.

In 2014, approval was granted for fishing in CCAMLR Exploratory Fisheries in Statistical

Divisions 88.1 and 88.2 until 31 st October 2019.

2 Management

2.1 A statement of the performance of the fishery against objectives, performance indicators and performance measures

The CCAMLR Conservation Measures are assessed each year at the CCAMLR meetings, and modified as necessary. CCAMLR Conservation Measures will be reflected in the New and

Exploratory fishery Permit Conditions for Statistical Divisions 58.4.1 and 58.4.2.

2.2 Compliance risks present in the fishery and actions taken to reduce these risks

Domestic vessels

There are a range of measures to monitor and ensure operators comply with Permit conditions.

This regime has provided AFMA with a high level of confidence that operators are compliant with management arrangements. The measures in place to monitor and ensure compliance with management arrangements include:

 a requirement to provide prior notification when entering and exiting from the fishery area.

This notifies AFMA of when the vessel intends to enter and exit the area of the fisheries, and therefore when fishing activity in the region is anticipated;

 a requirement to provide prior notification of the intention to tranship fish or any other goods or persons between vessels. In addition to prior notification, operators are required to seek approval from AFMA for the transhipment of any fish prior to doing so. Such transhipments must be observed and verified by an observer.

 the requirement to carry an Integrated Computerised Vessel Monitoring System (ICVMS), which enables monitoring of the movement of vessels within the Fishery. Information collecte d through the ICVMS includes the vessel’s location and course;

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 the presence of two scientific observers on board all voyages, which allows for monitoring and recording of all catch by an independent person. While the scientific observers do not have a compliance role, they are also able to monitor an operator’s compliance with management arrangements, in particular input controls and environmental management measures. A high level of compliance has been reported to date;

 a formal process through which observers may raise any compliance related issues with the Master of the Vessel to ensure operators are aware of and comply with management measures;

 the requirement to fulfil obligations under the Catch Documentation Scheme (CDS) for the unloading and export of all toothfish product;

 at port monitoring of all catch unloads by authorised personnel. This further verifies catch records maintained by the observer, reported by the vessel’s Master and ensures compliance with CCAMLR Conservation Measures; and

 completion of operation-by-operation daily logbooks and provision of that data to AFMA and AAD.

IUU fishing vessels

As at July 2015, there are no IUU fishing vessels operating in the Southern Ocean. All six well known IUU vessels have sunk, been detained in various ports or are out of action. However, monitoring illegal, unreported and unregulated (IUU) fishing continues to be a priority for

CCAMLR in managing toothfish stocks in New and Exploratory fisheries, which lie beyond areas of national jurisdiction.

Estimates of IUU fishing indicate that >2400 tonnes of toothfish have been taken illegally from

Division 58.4.1 and ~1400 tonnes of toothfish have been illegally taken from Division 58.4.2 since the fisheries were first agreed by the Commission in 1998/1999 and 1999/2000 respectively. The last CCAMLR IUU estimate for Statistical Divisions 58.4.1 and 58.4.2 was in 2010. Since 2011, following the recognition of methodological issues in its assessment, no estimates of the IUU catch of toothfish have been provided for 58.4.1 or 58.4.2.

In Division 58.4.1, IUU fishing was first detected in 2006 and data from the vessel sightings and the recovery of IUU fishing gear (gillnets) indicate that IUU activity may have increased in recent years. The high levels of IUU fishing in 2006, 2007 and 2010 resulted in estimates of the total removals in this division being well in excess of the catch limits. As at July 2015, there are no IUU fishing vessels operating in the Southern Ocean. All six well known IUU vessels have sunk, been detained in various ports or are out of action.

In Division 58.4.2, the reduction in the catch limit from 780 tonnes to 70 tonnes in 2009 has correlated with high levels of IUU fishing with estimates of the total removals in this division being well in excess of the catch limits.

A number of measures have been adopted by CCAMLR to combat IUU fishing on the high seas, complementing actions taken by CCAMLR members with toothfish fisheries in their EEZs (such as Australia (see below), France, the United Kingdom and South Africa) and on the high seas

(such as New Zealand and Australian patrols). These measures include: authorised and IUU vessel lists; ICVMS; transhipment controls; requirements regarding the carriage of observers; a catch document system for toothfish; high seas and port inspection procedures; and a compliance evaluation procedure which assesses CCAMLR Members’ compliance with CCAMLR conservation measures.

It is recognised by CCAMLR and AFMA that no single mechanism will eliminate IUU fishing, but rather a suite of approaches and controls needs to be introduced and maintained to limit IUU activity. AFMA, working closely with a range of other Australian Government agencies, promotes a multifaceted approach to prevent, deter and eliminate IUU fishing, both in the Australian EEZ and on the high seas. This includes: on-the-water surveillance and enforcement; regional

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cooperation under the south east Asian Regional Plan of Action to Promote Responsible Fishing

Practices including Combating Illegal, Unreported and Unregulated Fishing in the Region (RPOA-

IUU); diplomatic representations to both CCAMLR Members and those States that are not parties to CCAMLR; and in country education and capacity building.

Having an Australian boat with Australian observers on board fishing in the area will increase the likelihood of any IUU vessel being reported. Observers are required to report any vessel sightings while in the CCAMLR area.

2.3 Consultation processes

Following CCAMLR approval, AFMA allows access to New and Exploratory fisheries through

Fishing Permits. Details are provided in the ‘Guide to CCAMLR New and Exploratory Fisheries’ which is prepared by AFMA in consultation with AAD. The Guide can be found at www.afma.gov.au.

The procedures for New and Exploratory fisheries are discussed in a range of forums including the Sub-Antarctic Resource Assessment Group (SARAG), the Sub-Antarctic Fisheries

Management Advisory Committee (SouthMAC) and the CCF. The consultative structure in place for determining all Conservation Measures is detailed at Figure 5 below.

Those groups marked with an asterisk in Figure 5 draw membership from government organisations, conservation groups, industry and other stakeholders. All other groups comprise of government representation only.

AFMA CCAMLR *

Australian

Delegation to

CCAMLR *

SouthMAC*

CCAMLR

Scientific

Committee

CCAMLR

Interdepartmental

Committee

SARAG *

Working Groups

(EMM, SAM,

FSA, IMAF)

CCAMLR

Consultative

Forum *

Figure 5: Key consultative relationships in place for determining Conservation Measures for the Fishery

SouthMAC is the key advisory committee for the fisheries and includes representation from

AFMA, AAD, CSIRO, a conservation group and industry. SARAG is the key scientific assessment group for the Fishery and includes representation from AFMA, AAD, CSIRO, industry and expertise based scientists.

SARAG generally meets twice each year and SouthMAC generally once each year. SARAG provides SouthMAC with stock assessment advice for Commonwealth managed fisheries as a core part of its functions. Following consideration by CCAMLR and SARAG, SouthMAC recommends catch limits for a Commonwealth managed Fishery to AFMA. The AFMA

Commission must set a catch limit for each domestic fishery before fishing can take place.

Consultation on stock assessment for CCAMLR New and Exploratory Fisheries is carried out through the CCAMLR Working Groups discussed at section 1.1.

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The CCAMLR consultative forum (CCF) meets three times per year and considers all aspects of

CCAMLR business, as relevant to Australia, including New and Exploratory fisheries.

2.4 Demonstration of compliance with TAP’s, recovery plans, etc and also relevant domestic and international agreements (where applicable)

The proposed fishing is not in conflict with any relevant plans and the company has consistently demonstrated compliance with relevant plans in other Statistical Divisions of the CCAMLR region.

Relevant plans include:

CCAMLR Conservation Measures

National recovery plan for threatened albatrosses and giant petrels 2011 –2016.

Threat Abatement Plan 2014 for the incidental catch (or bycatch) of seabirds during oceanic longline fishing operations

Agreement on the Conservation of Albatrosses and Petrels

CITES, including porbeagle shark

3 Research and Monitoring

3.1 Results of any research completed relevant to the fishery, including how results will be incorporated into management of the fishery

The research needs for New and Exploratory fisheries are identified in the CCAMLR

Conservation Measures each year. General provisions for all species are described in

Conservation Measure 21-02 (2013) (Exploratory fisheries) and for toothfish in Conservation

Measure 41-01 (2014) (General measures for exploratory fisheries for Dissostichus spp. in the

Convention area in the 2014/15 season). The Conservation Measure includes a data collection plan, a research plan and tagging program. It is expected that Conservation Measures 41-11 and

41-05 which are specific to Statistical Divisions 58.4.1 and 58.4.2 respectively will be updated for the 2015/16 season, and that intent of the Conservation Measure will remain the same.

The results of research are incorporated in the annual stock considerations, which are submitted to CCAMLR and peer reviewed by WG-FSA and the Scientific Committee when assessing New and Exploratory fisheries. A Fishery Report is prepared for each fishery and these are posted on the CCAMLR website at www.ccamlr.org

.

3.2 Description of monitoring programs used to gather information on the fishery

It is requirement for CCAMLR New and Exploratory fisheries to have comprehensive information collection systems in place, which is a mix of fishery dependent and fishery independent research. AAD has been integral in developing the scientific components of the data collection system, discussed below.

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Fishery dependent monitoring – regular data collection

The core component of the fishery dependent system is an operation by operation catch and effort logbook. The vessel’s master is required to record an estimated weight of each species caught in each fishing operation.

The requirement to carry authorised and accredited observers, including a CCAMLR observer from a country other than Australia, on all cruises to the New and Exploratory fisheries further provides a high degree of reliability of the fishery dependent data set.

AFMA’s observer program collected information on the landed catch from over 90% of fishing operations undertaken in New and Exploratory fisheries since commercial Australian vessels participated. Other nations who also fish in CCAMLR New and Exploratory fisheries are required to collect similar data and provide the data to CCAMLR.

Australian vessels have operated intermittently in CCAMLR New and

Exploratory fisheries. In 1996/97 and

1998/99 exploratory trawl operations were undertaken in Area 58.4.3, in 1999/2000 and

2000/01 exploratory trawl operations were undertaken in Area 58.4.2. Exploratory

Longline fishing occurred in 58.4.3a in

2004/05. Exploratory longline operations occurred in Area 58.4.2 in 2002/03 and

2003/04 and in 58.4.3 in 2007/08. In

2014/15, longline fishing occurred in 88.2, and although the vessel was permitted to also fish in 88.1 it did not undertake fishing here. There has been no Australian activity in CCAMLR New and Exploratory fisheries in other years.

Observers verify the vessel supplied information eg: operation by operation catch estimates and conversion ratios from factory operations. AFMA and AAD staff work closely with the observers, masters and crew to ensure that this data set is an accurate reflection of fishing activity.

AAD scientists have also provided specialised equipment and assisted in the training of observers. An example is the computerised fish measuring system supplied and maintained by

AAD, which assists observers to produce high quality data within the confines of a commercial fishing vessel.

Fishery dependant data integrates observer catch and effort records and biological data on the target and bycatch species. This data is processed and error checked by AAD scientists after every cruise, who then crossreference observer data with vessel’s logbook data, vessel’s daily factory records and unloading documentation. AFMA and AAD are confident that this information is very reliable. Table 3 summarises the fishery dependent information collection system that would apply if any Australian boat were to participate in CCAMLR New and Exploratory fisheries.

The breadth of data collected on target and bycatch species in logbooks and by observers exceeds CCAMLR standards. Observers also collect extensive biological samples from target and bycatch species so scientists can better understand the biology of these species in the

CCAMLR Area. The collection of otoliths for example is essential in the development of length-atage keys needed to convert length frequency data into age density information needed for stock assessment purposes.

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Fishery independent monitoring – one off data collection

The collection of independent data strongly supports the fishery dependant data. Specific research operations are an important source of information. The research requirements for New and Exploratory fisheries are outlined in CCAMLR Conservation Measure 41-01 (2014).

The focus with New and Exploratory fisheries is often to get baseline information, as much of the time fishing operations have not occurred frequently in an area. There is often insufficient data on which to undertake a stock assessment. While the data is being collected precautionary TACs are set by CCAMLR. Data to support these estimates has been collected from commercial vessels which are currently required to undertake research sets, as prescribed by CCAMLR. As outlined above, Australian commercial vessels have been operating intermittently since 1997 and have been participating in this work.

As these fisheries have progressed, there is increasing acknowledgment in CCAMLR that basic fisheries operational, catch rate and biological data is insufficient to provide robust assessments in New and Exploratory fisheries. As a result, dedicated research programs such as the surveys undertaken by Australian vessels in the past, with a longer term commitment by Members over two to three years to develop assessments of resource potential, is being encouraged.

AAD and AFMA staff provide training and manuals to observers to enable them to manage scientific elements of surveys and tagging programs. AAD also briefs the master and crew to ensure they understand their roles in the research program. This is particularly important when survey programs have high scientific data requirements.

AFMA will ensure that the requirements specified by CCAMLR for information collection in New and Exploratory fisheries will continue to be reflected in Fishing Permit conditions should they be issued.

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Table 3: Fishery dependent information collection systems in place for CCAMLR New and Exploratory fisheries

Description Information collected Required by Collection frequency Provided to

CCAMLR Data Forms

1. Fishing gear description

2. Shot by shot information on:

- fishing effort; and

- catch estimates of target and bycatch species

AFMA

1. Every cruise

2. Every fishing operation

(trawl shot or longline set)

AAD and

CCAMLR

For stock assessment purposes and bycatch monitoring

CCAMLR Data Forms

Daily reports catch and effort by fine scale area

CCAMLR

(as conditions on Fishing

Permits)

Daily

CCAMLR for real time monitoring of catches against TACs

Integrated Computerised Vessel

Monitoring System (ICVMS)

Vessel position,

Prior reporting requirements

AFMA

(as conditions on Fishing

Permits)

Continuous

Notification of entry and exit from:

- the Fishery; and

- port

CCAMLR to confirm compliance with CM 10-04

At sea independent monitoring provided by AFMA authorised and accredited observers

Periodic cruises by international scientific observers

Landed catch monitoring

1. Toothfish Catch Documentation

Scheme (CDS)

2. Unload monitoring

Shot by shot monitoring of:

Catch and effort information

Biological data on target species including:

- sexed length/weight frequencies,

- otoliths and other biological samples

Bycatch

Interactions with marine mammals and seabirds

Data to confirm conversion ratios of processed fish

1. Verified landed weight and product destination of all toothfish products

2. Weight and grade of landed catch of all other species

AFMA under Fishing Permit conditions meets standards in place under the CCAMLR

Scheme of International

Scientific Observation

1. AFMA and CCAMLR

2. AFMA and CCAMLR

Every cruise

The objective of the program is 100% observer coverage of shots in the

Fishery

1. Every cruise

2. Every cruise

* AFMA implements all relevant all CCAMLR requirements, and in many instance exceed them.

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Data to CCAMLR standard provided to CCAMLR one month after each trip

Detailed data and samples provide to AAD for stock assessment purposes

Bycatch monitoring

Impacts on seabirds and marine mammal populations

Information on ecological impacts provided to AAD and others

Conversion ratios used by AFMA for quota management purposes

1. Dissostichus catch documents provided to

CCAMLR to monitor toothfish take by CCAMLR members

2. Monitoring of catch and retained bycatch by AFMA

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4 Catch data

4.1 Total catch of target species (including retained and discarded catch)

The total seasonal catch of target and bycatch species, by Statistical Division and fishing method, is published annually in the CCAMLR Statistical Bulletin which can be accessed via the CCAMLR website www.ccamlr.org.

Current catch limits are estimates based on simple tag- recapture abundance estimates, or biomass scaled up by comparing CPUE in the exploratory fishery with that in assessed areas. As such Statistical Divisions 58.4.1 and 58.4.2 do not yet have robust stock assessments and

CCAMLR reviews the catch limits every year based on all available information. A precautionary catch limit of 724 tonnes (58.4.1) and 65 tonnes (58.4.2) was endorsed by CCAMLR XXXIII in

2014.

4.2 Total catch of target species taken in other fisheries

The target species, Dissostichus mawsoni and Dissotichus eleginoides , are taken in other fisheries. However the stocks in these fisheries are considered to be different to the stocks in

Statistical Divisions 58.4.1 and 58.4.2.

4.3 Total catch of bycatch species

The term by-product is not used in New and Exploratory fisheries, with reference just made to target species (toothfish) and by-catch species.

The catch limits for bycatch species for Statistical Divisions 58.4.1 and 58.4.2 for the 2015/16 season will be agreed at CCAMLR 2015, and they are expected to be consistent with bycatch limits set for the 2014/15 fishing season and defined in CCAMLR Conservation Measure 33-03

(2014).

Historically, the bycatch limits have not been approached. In 2013, no bycatch was reported from

58.4.2 and five tonnes of macrourids were reported in 58.4.1, which equates to 15% of the catch limit of that group. If a limit is reached the fishery would be closed down, even if the catch limit for the target species had not been taken. The total seasonal catch of bycatch species, by Statistical

Division and fishing method, is published annually in the CCAMLR Statistical Bulletin which can be accessed at www.ccamlr.org

.

Vessels fishing south of 60ºS are prohibited from dumping or discharging offal which is designed to avoid incidental interactions with seabirds and marine mammals as well as to avoid general environmental degradation.

The catch limits are also defined as a proportion of catch and will be incorporated as conditions on AFMA Fishing Permits. AF MA’s Monitoring Section keeps a record of the catch levels of each species taken within the fisheries. The data received is considered to be highly reliable data from observers .

Bycatch in New and Exploratory fisheries is generally limited to Macrourids or grenadiers and

Rajids or skates, with low reported catches (see tables 4 and 5 below). A precautionary approach is adopted given the lack of knowledge on the biology of many of the species in the high latitudes.

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Table 4: Seasonal catch of by-catch in New and Exploratory fisheries in Statistical Divisions 58.4.1 www.ccamlr.org

Season Macrourids Rajids Other species

Catch limit

(tonnes)

Reported catch

(tonnes)

Catch limit

(tonnes)

Reported catch

(tonnes)

Catch limit

(tonnes)

Reported catch

(tonnes)

2007

2008

2009

2010

96

96

33

33

41

36

8

6

50

50

50

50

0

0

0

0

60

60

60

60

2

1

<1

<1

2011

2012

2013

2014

33

33

33

116

3

2

5

6

50

50

50

50

0

0

0

0

60

60

80

100

<1

<1

<1

<1

Table 5: Seasonal catch of by-catch in New and Exploratory fisheries in Statistical Divisions 58.4.2

www.ccamlr.org

Season Macrourids Rajids Other species

Catch limit

(tonnes)

Reported catch

Catch limit

(tonnes)

Reported catch

Catch limit

(tonnes)

Reported catch

2007

2008

2009

2010

124

124

20

20

(tonnes)

7

12

1

50

50

50

50

(tonnes)

0

0

0

60

60

40

40

(tonnes)

<1

1

<1

2011

2012

2013

2014

20

20

20

20

4

<1

1

0

0

50

50

50

50

0

0

0

0

0

40

40

20

20

<1

<1

<1

<1

0

CCAMLR have agreed that skates that are alive and vigorous at the time of capture can be released. A skate tagging program has been initiated by Australia and subsequently adopted more widely by CCAMLR as part of a research strategy to gain more information on skates in the

CCAMLR region.

The 2008/09 season was designated by CCAMLR as the ‘Year of the Skate’, where there was an emphasis on correctly identifying skates and their life status after interacting with the fishing gear, conducting an extensive tagging program and collecting biological measurements to agreed protocols across the CCAMLR region. WG-FSA has agreed to continue the data collection program. Assessments and monitoring of target, skates and other bycatch species are part of the ongoing work program of WG-FSA.

Consistent with good fisheries management and the specific requirements of the EPBC Act all reasonable steps will be taken to ensure that interactions with TEP species are minimised.

4.4 Harvest by each sector (ie: commercial, recreational, indigenous and illegal)

As a consequence of its remote location, CCAMLR New and Exploratory fisheries are purely commercial Fisheries with no recreation or indigenous sectors. The estimated IUU catch is discussed at Section 2.3.

4.5 Effort data including information on any trends

The total seasonal catch and effort, by Statistical Division and fishing method, is published annually in the CCAMLR Statistical Bulletin which can be accessed via the CCAMLR website.

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4.6 Spatial issues/trends

For confidentiality reasons the spatial trends cannot be disclosed in detail. The fine scale data is made available to CCAMLR scientists when considering the status of toothfish stocks in

CCAMLR New and Exploratory fisheries.

5 Status of target stock

5.1 Resource concerns

Stock assessment models are not applied to New and Exploratory fisheries as by their nature data is limited. The focus is on gaining information which can be used in stock assessments should activity continue in a New and Exploratory fishery. Precautionary catch limits are set based on information gained from exploited fisheries in the CCAMLR region.

CCAMLR’s approach to the conservation of Antarctic marine living resources is defined by

Article II of the Convention. From the principles outlined in Article II, two central concepts have evolved to guide CCAMLR in carrying out its management responsibilities, namely:

1. Management strives to follow a ‘precautionary’ approach. This means that CCAMLR collects the data it can, then weighs up the extent and effect of the uncertainties and gaps in such data before making a management decision. The approach aims to minimise the risk of longterm adverse effects rather than delaying decisions until all necessary data are available.

2. Management also f ollows an ‘ecosystem’ approach. Ideally, this takes into account all the delicate and complex relationships between organisms (of all sizes) and physical processes

(such as currents and sea temperature) that constitute the Antarctic marine ecosystem.

CCAMLR’s ecosystem approach therefore not only focuses on regulating fishing for certain species, it also aims to ensure that fishing does not impact adversely on other species that are related to, or dependent on, the target species.

For example, while krill harvesting is regulated and monitored directly, CCAMLR also endeavours to monitor the effect which harvesting may exert on species that either eat krill or which are themselves eaten by krill predators. CCAMLR therefore seeks to preserve the ‘health’ of the ecosystem by setting conservative (i.e. precautionary) krill catch limits to take account of the needs of associated species and to preserve the ecological sustainability of all the species concerned. CCAMLR’s pioneering work on the precautionary and ecosystem approaches has been recognised as setting the benchmark for fisheries management organisations around the world.

CCAMLR has several approaches to regulating exploitation in the Southern Ocean. It collects data to follow as closely as possible the development of exploited stocks and newly developing fisheries. It also develops models to deal specifically with uncertainty in data collection. CCAMLR draws on five main sources to improve data collection:

 fisheries catch and effort statistics;

 biological information and data on by-catches of fish in commercial fisheries;

 seabirds and marine mammals caught during commercial operations and collected by national and international scientific observers;

 biological information collected during scientific and fishery-independent surveys; and

 biological information on krill and dependent species collected as part of the CCAMLR

Ecosystem Monitoring Program.

Decision rules have been developed for objective scientific analysis. Decision rules, specifying the set of decisions that are made in setting, removing, or varying management measures, using the results of assessments of the status of a harvested resource, are under development. They

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have so far been applied to catches in the krill fishery and the fisheries on Patagonian toothfish,

Antarctic toothfish in the Ross Sea and mackerel icefish.

Application of the Precautionary Approach – New and Exploratory Fisheries

The preceding sections have examined two key elements in CCAMLR’s approach to management – the ecosystem and precautionary approaches. In accordance with the latter,

CCAMLR has recognised that fisheries should be managed from the outset, and has adopted conservation measures that set out requirements for any Member planning to initiate a fishery for any species, or in any area, that has not previously been exploited.

At this ‘new fishery’ stage, the measures require that Members notify CCAMLR of their intention to start a new fishery and supply information on the nature of the proposed fishery and as much as they can on the biology of target species and the possible effects of the fishery on any dependent and associated species. In such cases, CCAMLR has limited catch or fishing effort (or both), and has also made scientific observation of the fishery obligatory. The conduct of a new fishery is limited to the Member(s) who made the notification(s).

A new fishery is designated an ‘exploratory fishery’ after its first year. The conservation measure that the Commission has implemented for exploratory fisheries allows for continued regulation of the fishery while the scientific information required for a full assessment of the fishery and stock(s) concerned is being collected. A major component of the exploratory phase is the implementation of a plan to collect the data required for such an assessment.

CCAMLR aims to ensure that an exploratory fishery is not allowed to expand faster than the information to manage the fishery in accordance with the principles of Article II is collected. To ensure information is adequate, the Scientific Committee is required to develop (and update annually as appropriate) a Data Collection Plan. This plan identifies the types of data required and how to obtain them from the exploratory fishery.

Participating Members are required to provide a Research and Fishery Operation Plan for review by the Scientific Committee and Commission, as well as to submit annually the data specified by the Data Collection Plan. The Scientific Committee also sets a precautionary catch limit at a level not substantially above that necessary to obtain the information specified in the Data Collection

Plan and to undertake assessments and evaluations.

Incorporation of IUU take in the setting of catch limits

IUU removals from a CCAMLR statistical area, sub-area, division or subdivision are estimated and taken into consideration when setting precautionary catch limits. IUU estimates are made from several sources including, sightings of IUU vessels, surveillance of the area, trade figures from various countries and knowledge of port calls and unloads of known or suspected IUU vessels. As discussed earlier, a factor significantly affecting the estimation of the IUU catch is the uncertainties associated with calculating the catch rates of gillnets, which is a prohibited fishing method in the CCAMLR area.

5.2 Results of any stock assessments

Whilst data is improving on toothfish populations in Statistical Divisions 58.4.1 and 58.4.2, it still inhibits the development of robust stock assessments according to CCAMLR decision rules.

Consequently, there have been no integrated stock assessments for these data-poor fisheries.

However, some depletion experiments and tag-based research has occurred in Division 58.4.1.

A research plan has been developed under Conservation Measure 41-01 to support this proposal which outlines intentions for fish biological measurements, tagging and aging which will be used to characterise the spatiotemporal structure, biomass and connectivity of toothfish populations.

This data will inform stock assessments into the future.

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6 Interactions with protected species

6.1 Frequency and nature of interactions

Fishing Permit conditions require operators in New and Exploratory fisheries to report to AFMA, within 24 hours, any interaction that results in injury or death of a protected species. AFMA would then notify the relevant sections of the Department of the Environment within seven working days of the receipt of these reports. This arrangement is in place to avoid duplication of industry’s

Government reporting requirements. Observers are also required to submit an independent report to AFMA and where possible freeze the specimen for later analyses by AAD.

Observers also monitor the deployment and retrieval of the fishing gear in order to quantify any interactions with seabirds and marine mammals. Observers take counts of the seabirds and marine mammals within 300 metres of the vessel during each observation period. All observed interactions with the gear are recorded and codes are assigned codes based on the nature of the interaction, from those of a minor nature to those causing death. The aim of this monitoring program is to determine the kind and extent of contacts between wildlife fishing vessels and their operations and to monitor trends in time (Wienecke and Robertson, 2002).

Observers produce a report for each fishing cruise that includes:

 a summary of any incidental mortalities or injuries;

 a basic summary of the environmental monitoring data.

Under the Conservation Measures limits are placed on the number of seabirds that can be taken.

For example, under Conservation Measure 41-11 (2014) which applies to CCAMLR Statistical

Division 58.4.1 for the 2014/15 season, any vessel catching a total of three (3) seabirds shall immediately revert to night setting only. Further seabird mitigation measures are prescribed in

Conservation Measure 25-02 (2014) (Minimisation of the Incidental Mortality of Seabirds in the

Course of Longline Fishing or Longline Fishing Research in the Convention Area).

6.2 Management action taken to reduce interactions and results of such action

Fishers are required to submit detailed reports of each wildlife interaction within 24 hours of the occurrence. Each report must also include a detailed response to the wildlife interaction which must be implemented immediately by the fisher to minimise the likelihood of similar interactions.

The reports are submitted by AFMA to the Department of the Environment. Observers are also required to submit an independent report to AFMA and where possible freeze the specimen for later analyses by AAD.

Incidence and response reports are reviewed regularly at SARAG meetings. Stakeholders are encouraged to contribute innovation and the application of enhanced technology to minimise any future wildlife interactions.

A range of actions have been taken to minimise the levels of interaction. These include:

 no offal discharge requirement which limits provisioning opportunities for wildlife;

 in longline operations - using integrated weight line, paired streamer lines, brickle curtains and seasonal closures all designed to avoid seabirds attending the baits;

 minimising of lighting on fishing boats to reduce the risk of seabirds colliding with boats; and

 prohibition on the use of plastic packaging bands to secure bait boxes.

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7 Impacts of the fishery on the ecosystem in which it operates

7.1 Nature of impacts on the ecosystem

The CCAMLR management approach incorporates ecosystem components. Information on predators, prey and the environment are collected simultaneously and submitted to WG-EMM for the preparation of advice to the Scientific Committee. This information is then incorporated into the management arrangements for each Statistical Division.

The information collected is extremely accurate in terms of the:

 recording of the spatial and temporal distribution of fishing effort

 quantifying of the total catch composition

 quantifying environmental interactions, including those with seabirds and marine mammals.

A continuing issue at CCAMLR is in relation to bottom fishing and VMEs. In 2009, Conservation

Measure 22-06 (Bottom fishing in the Convention Area) was modified to require the submission of preliminary assessments of impacts of bottom fishing to the Scientific Committee and

CCAMLR three months prior to the annual meeting. The conservation measure was further modified in 2010.

Additionally, Conservation Measure 22-07 (2013) (Interim measure for bottom fishing activities subject to Conservation Measure 22-06 encountering potential vulnerable marine ecosystems in the Convention Area) continues to apply to New and Exploratory fisheries in the high seas areas and specifies the actions to be undertaken if a VME is encountered. Broadly a risk area will be closed within a radius of 1 nautical mile if 10 kilograms or 10 litres of benthos is brought up on a longline segment (1000 hooks or 1200 metres of line).

Catches of benthic organisms and substrate are quantified by independent observers and recorded methodically. Samples of these organisms along with other bycatch are retained and forwarded to the AAD and CSIRO or appropriate museums for identification. The vessel logbooks and observer database also record the actual time and depth at which the vessel’s fishing gear was in contact with the substrate.

Observers also collect stomach samples from toothfish and some bycatch species, which assists in the understanding of trophic linkages in the CCAMLR region.

Observers and crews of licensed fishing vessels also collect information on IUU fishing vessels operating in the region through direct observations and, indirectly, through the recovery of longline fishing gear discarded or lost by these vessels. Observers also report on compliance by

Australian vessels with MARPOL and additional waste management requirements.

Relevant information from other CCAMLR fisheries that can be used in the assessment of the

HIMI Fishery is also gathered where appropriate. In addition, information from the Macquarie

Island Toothfish Fishery is used as well as onshore studies into dietary habits of marine mammals and seabirds that occur on Heard Island, McDonald Islands, or other similar sub-

Antarctic islands.

In 2014 AAD completed a Fisheries Research and Development Corporation (FRDC) funded project that investigated ‘Demersal fishing interactions with marine benthos in the Australian EEZ of the Southern Ocean: an assessment of the vulnerability of benthic habitats to damage by demersal gears’. The development of underwater camera technology which can be attached to the fishing gear (trawl, longline and pot) was a key output of the project. The report is available at www.antarctic.gov.au

.

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7.2 Management action taken to reduce impacts and results of such action

The management of the Fishery is based on CCAMLR’s ecosystem management principles with additional controls imposed by AFMA. The following management actions are in place to minimise impacts to ecosystems:

 a nil offal discharge policy, to avoid provisioning to wildlife and to avoid the attraction of wildlife;

 contingency arrangements for disposal of fish meal should the fish meal plant breakdown;

 restrictions on plastic packaging bands to secure bait boxes, avoiding any possible impact these bands may have on wildlife;

 a requirement that all plastic is burned and that plastic residue must not be discarded at sea;

 a restriction on the discharge of poultry products or brassicas to avoid the introduction of avian diseases and non-native plants;

 ongoing assessment of benthic impacts.

8 References

High Seas Task Force, 2006, Closing the Net – Stopping illegal fishing on the high seas, Final report of the Ministerially-led Task Force on IUU Fishing on the High Seas.

Wienecke.B. and Robertson, G., 2002, Seabird and seal- fisheries interactions in the Australian

Patagonian toothfish Dissostichus eleginoides trawl fishery, Fisheries Research 54, 253 - 265.

Georgeson L, Stobutzki, I, Vieira, S and Curtotti, R (eds) 2014, Fishery Status Reports 2013-14: status of fish stocks and fisheries managed by the Australian Government, Australian Bureau of

Agricultural and Resource Economics and Sciences, Canberra

9 List of acronyms

AAD - Australian Antarctic Division

AFMA

CCAMLR

CCF

CDS

Convention -

CSIRO -

EPBC Act -

ERA -

-

-

-

-

ERM

HIMI

ICVMS

IUU

SARAG

-

-

-

-

-

SouthMAC -

TAC -

TEP

VME

-

-

WG-EMM -

WG-FSA -

Australian Fisheries Management Authority

Commission for the Conservation of Antarctic Marine Living Resources

CCAMLR Consultative Forum

Catch Documentation Scheme

Convention on the Conservation of Antarctic Marine Living Resources

Commonwealth Scientific and Industrial Research Organisation

Environment Protection and Biodiversity Conservation Act 1999

Ecological Risk Assessment

Ecological Risk Management

Heard Island and McDonald Islands

Integrated Computerised Vessel Monitoring System

Illegal, unreported and unregulated

Sub-Antarctic Resource Assessment Group

Sub-Antarctic Fisheries Management Advisory Committee total allowable catch threatened, endangered or protected (species) vulnerable marine ecosystem

Working Group on Ecosystem, Monitoring and Management

Working Group on Fish Stock Assessment

Submission for the assessment of Exploratory Fisheries in CCAMLR Statistical Divisions 58.4.1 and

58.4.2 - 2015

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WG-IMAF -

WG-SAM

WTO

-

-

Working Group on Incidental Mortality Associated with Fishing

Working Group on Statistics, Assessments and Modelling

Wildlife Trade Operation

Submission for the assessment of Exploratory Fisheries in CCAMLR Statistical Divisions 58.4.1 and

58.4.2 - 2015

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Attachment 1

KEY CCAMLR CONSERVATION MEASURES

APPLICABLE TO NEW AND EXPLORATORY FISHERIES

IN STATISTICAL Divisions 58.4.1 and 58.4.2

21-01 (2010)

– Notification that members are considering initiating a new fishery

21-02 (2013) – Exploratory fisheries

22-06 (2012) – Bottom fishing in the Convention Area

22-07 (2013) – Interim measure for bottom fishing activities subject to Conservation Measure

22-06 encountering potential vulnerable marine ecosystems in the Convention Area

22-08 (2009) – Prohibition on fishing for Dissostichus spp. In depths shallower than 550 m in exploratory fisheries

25-02 (2014) – (Minimisation of the Incidental Mortality of Seabirds in the Course of Longline

Fishing or Longline Fishing Research in the Convention Area).

33-03 (2014) – Limitation of by-catch in new and exploratory fisheries in the 2014/15 season

41-01 (2014) – General measures for exploratory fisheries for Dissostichus spp. in the Convention

Area in the 2014/15 season

41-05 (2014) – Limits on the Exploratory Fishery for Dissostichus spp. in Statistical Division 58.4.2 in the 2014/15 Season

41-11 (2014)

– Limits on the Exploratory Fishery for Dissostichus spp. in Statistical Division 58.4.1 in the 2014/15 Season

A complete list of CCAMLR conservation measures can be found at www.ccamlr.org

.

Submission for the assessment of Exploratory Fisheries in CCAMLR Statistical Divisions 58.4.1 and 58.4.2

- 2015

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