Torres Strait Tropical Rock Lobster Fishery 2013 Annual Report This report has been prepared by AFMA for consideration by the Department of the Environment in relation to the exemption of the Torres Strait Tropical Rock Lobster Fishery from export controls under the Environment Protection and Biodiversity Conservation Act 1999. TABLE OF CONTENTS 1 Description of the Fishery _________________________________________________ 5 1.1 Target and Bycatch Species _________________________________________________ 6 1.1.1 Target Species __________________________________________________________ 6 1.1.2 Prohibited Species_______________________________________________________ 6 2 1.2 Management Arrangements Employed in the Fishery ___________________________ 6 1.3 Fishing Methods (gear types) ________________________________________________ 7 1.4 Fishing Area _____________________________________________________________ 7 1.5 Allocation between sectors __________________________________________________ 9 1.6 Governing legislation/fishing authority________________________________________ 9 1.7 Status of export approval/accreditation ______________________________________ 11 Management __________________________________________________________ 11 2.1 Changes to management arrangements ______________________________________ 11 2.2 Performance of the fishery _________________________________________________ 12 2.3 Compliance risks present in the fishery ______________________________________ 12 2.3.1 Customized Registration Sticker System ___________________________________ 14 2.3.2 Penalty Infringement Notices ____________________________________________ 14 2.3.3 Demerit Points System __________________________________________________ 14 2.4 Consultation Processes ____________________________________________________ 14 2.5 Cross-jurisdictional management arrangements _______________________________ 16 2.6 Outcomes of review processes ______________________________________________ 16 2.7 Demonstration of compliance with TAPs, recovery plans, etc ____________________ 16 3 Research and monitoring ________________________________________________ 17 4 Catch data ____________________________________________________________ 17 5 6 7 4.1 Total catch of target species ________________________________________________ 17 4.2 Total catch of target species taken in other fisheries ____________________________ 19 4.3 Catch of byproduct/ bycatch species _________________________________________ 19 4.4 Harvest by each sector ____________________________________________________ 19 4.5 Effort data including information on any trends _______________________________ 20 4.6 Spatial issues/trends ______________________________________________________ 21 Status of target stock ____________________________________________________ 22 5.1 Resource Concerns _______________________________________________________ 22 5.2 Stock Assessments ________________________________________________________ 23 5.3 Results of any stock recovery strategies ______________________________________ 23 Interactions with protected species _________________________________________ 24 6.1 Frequency and nature of interactions ________________________________________ 24 6.2 Management to reduce impacts and results of such action _______________________ 24 Impacts of the fishery on the ecosystem in which it operates ____________________ 24 2 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 8 7.1 Results of any Ecological Risk Assessments ___________________________________ 24 7.2 Nature of impacts on the ecosystem _________________________________________ 24 7.3 Management to reduce impacts and results of such action _______________________ 24 Description of progress in implementing each recommendation and condition _____________ 25 3 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 Introduction Fisheries management in the Torres Strait Protected Zone (TSPZ) is undertaken under the Torres Strait Fisheries Act 1984 (the Act) and is administered by the Protected Zone Joint Authority (PZJA). AFMA undertakes the day to day management of TSPZ fisheries under Delegation of the PZJA. Management must also align with the objectives of the Torres Strait Treaty 1985 (The Treaty), ensuring that catch sharing arrangements between Australia and Papua New Guinea (PNG) are considered. The Torres Strait Tropical Rock Lobster Fishery (TRLF) was granted export approval/accreditation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) on 23 November 2010 for a period of 3 years and is valid until 23 November 2013. This accreditation was subject to a number of conditions and recommendations. The progress towards outcomes of which are discussed in Attachment A. AFMA is seeking a further 3 year export accreditation. A formal management plan for the TRLF is being developed by the PZJA on a timeline for implementation by 2015 however it may take longer. The management plan will transition the TRLF from input management against nominal total allowable catches to an allocated quota management system. 4 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 1 Description of the Fishery At a glance Principal species The Ornate or Tropical Rock Lobster (TRL) (Panulirus ornatus) Area of operation From the tip of Cape York to the northern border of the Protected Zone – most of the catch comes from the western and south-eastern part of the fishery where the densities of TRL are highest. Fishing techniques Taken by divers working from four to six metre tenders, using a short hand spear or snare either with the use of surface supplied air (hookah) or free diving. Only one diver works from each tender. Divers work to about 20 metres in depth and dive mainly during daylight hours. Some Traditional Inhabitants fish at night with a light. Number of vessels 12 licensed primary vessels (2013) with a total of 32 attached dinghies (tenders or service vessels); Two non-transferable dinghy licences; As of the 29th day of October 2013 there were 214 active TIB licenses with TRL endorsements. There is no limit on the issue of TIB licences. Fishing season Commercial fishing occurs from December to September, with a fishery closure during October and November. The use of hookah equipment is banned during December and January. Estimated catch and value 20072009 2012: Australia: 558 t live weight; Papua New Guinea: 173 t live weight 2011: Australia: 667 t live weight; Papua New Guinea: 200 t live weight 2010: Australia: 470 t live weight; Papua New Guinea: 293 t live weight 2009: Australia: 228 t live weight; Papua New Guinea: 114 t live weight Value in the 2012 season was $A18.4 million. Main markets Frozen TRL tails are sold on the domestic and overseas markets (mainly the United States). The value-added live trade of TRL began in the mid-1990s and supplies export markets (mostly China) and a small domestic market. Handling and shipping live TRL require more sophisticated transport infrastructure than frozen tails and there is a risk of losing product between the point of harvest and its market. Stock status The Fishery Status Reports 2012 produced by the Australian Bureau of Agricultural Resource Economics and Sciences - Bureau of Rural Sciences (ABARES) considers the fishery “not overfished/not subject to overfishing.” Current management method Input controls include a limited number of dinghies (tenders) for both TVH and TIB freezer boat operations, and a boat replacement policy for upgrading vessels. Technical controls include a legal size limit on TRL, a ban on use of hookah-gear from December to January and a closure of commercial fishing in October and November. Resource competition Australia and Papua New Guinea share the commercial fisheries of the Torres Strait Protected Zone under formal arrangements detailed in the Torres Strait Treaty. Long term potential yield The model estimate of MSY in 2013 was 740 t (Australia only). The nominal TSPZ Total Allowable Catch for 2013 was 871 t. 5 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 1.1 Target and Bycatch Species 1.1.1 Target Species The fishery is based on a single species, the ornate or Tropical Rock Lobster (TRL), Panulirus ornatus, which is taken by divers using hand held implements. 1.1.2 Prohibited Species As the fishery is a highly selective single species fishery, no bycatch is taken. However, fishers with other endorsements are able to harvest under those authorities while targeting TRL. 1.2 Management Arrangements Employed in the Fishery The TRLF is managed under the Act through fisheries management instruments as well as a range of fishery management policies agreed from time to time by the PZJA. In exercising its management functions, the PZJA pursues the objectives of the Act. These objectives are: 1. to acknowledge and protect the traditional way of life and livelihood of traditional inhabitants, including their rights in relation to traditional fishing; 2. to protect and preserve the marine environment and indigenous fauna and flora in and in the vicinity of the Protected Zone; 3. to adopt conservation measures necessary for the conservation of a species in such a way as to minimise any restrictive effects of the measures on traditional fishing; 4. to administer the provisions of Part 5 of the Torres Strait Treaty (relating to commercial fisheries) so as not to prejudice the achievement of the purposes of Part 4 of the Torres Strait Treaty in regard to traditional fishing; 5. to manage commercial fisheries for optimum utilisation; 6. to share the allowable catch of relevant Protected Zone commercial fisheries with Papua New Guinea in accordance with the Torres Strait Treaty; and 7. to have regard, in developing and implementing licensing policy, to the desirability of promoting economic development in the Torres Strait area and employment opportunities for traditional inhabitants. The TRLF consists of two major sectors – TIB (traditional) and TVH (non-traditional) commercial sectors. Any expansion in participation in the TRLF is limited to the TIB sector in order to pursue the objective of promoting employment opportunities for traditional inhabitants. The PZJA has imposed licensing provisions to limit expansion in the TVH sector, both in terms of fishing capacity (boat replacement policy) and licence numbers. There is a ban on prawn trawlers taking TRL to reduce pressure on the stock. The following policy is in place which limits the length of primary boats (i.e. those boats from which tenders operate): boats up to six metres may be replaced by a boat up to six metres; boats greater than six metres and less than or equal to ten metres may be replaced by a boat up to ten metres; boats greater than ten metres and less than or equal to 14 metres may be replaced by a boat up to 14 metres; and boats greater than 14 metres may be replaced by a boat of equal length. The maximum size for fishing boats in the TRLF is 20 metres. 6 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 Many of the primary boats have been in the fishery for many years. Unlike many fisheries where the size, horsepower and other characteristics of the primary boats may play a significant role in the fishing powers of the operation, this is not so much the case in the TRLF because the fishing is done entirely from tenders. Divers operating from the tenders are not required to hold a Torres Strait Master Fisherman’s Licence, but the boat from which the tender is working must be operated by someone who holds this licence. Many, but not all boats licensed for the TRLF have endorsements for other fisheries. In practice, the other endorsements are used to a very limited extent. Additionally, it is not feasible for the primary boat to undertake other fishing activities while its tenders are used for TRL fishing and while divers are in the water. Regulations currently employed in the TRLF include: limiting the method of taking of TRL to either hand, or with the use of a hand held implement, such as a spear or scoop net, with an October-November (inclusive) closure on commercial fishing; a further ban on the use of hookah gear during December and January (inclusive); a minimum tail size of 115mm or minimum carapace length of 90mm for all commercially caught TRL; a bag limit of 3 TRL per person or 6 TRL per dinghy applies to traditional fishing (Islander or visiting PNG Traditional Inhabitants). The same limit applies to recreational fishing under Queensland State law; and the prohibition of the processing or carrying of TRL meat that has been removed from any part of a TRL on any boat. 1.3 Fishing Methods (gear types) TRL is most commonly taken by divers working from four to six metre tenders, using a short hand spear or snare either with the use of surface supplied air (hookah) or free diving. Only one diver works from each tender. Divers generally work to about 20 metres in depth and dive mainly during daylight hours. Some TIB operators fish at night with a light, searching for TRL walking the reef tops. Most fishing occurs during neap tides when currents are weaker and the water is less turbid. The TVH sector relies on larger primary boats and predominantly use hookah diving to collect TRL. In contrast, the TIB sector use smaller boats and free diving is the more commonly used method, however there is increasing interest to move to hookah diving. 1.4 Fishing Area Most commercial fishing for the TRL occurs in the Torres Strait and less activity along the far north-east coast of Queensland. TRL probably comprises a single stock north of around 14o South along the Queensland coast, in the Torres Strait and the south eastern coast of PNG. Breeding within this region could potentially supply recruits to all areas within the region due to the clockwise gyre in the north-west Coral Sea (see Figure 1 below). Assessments are based on surveys of juvenile (1+ year old) and sub-adult (2+ years old) TRL in the central and western Torres Strait where most of the fishing occurs (Figure 1 – cross hatched area within the Torres Strait). 7 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 Figure 1: Map of the Torres Strait and Gulf of Papua showing the main fishing grounds around the central and western reefs and islands (- - -), the migration pathways (==>), breeding grounds (= ), current patterns ( >) in the Coral Sea, and the boundary of the Protected Zone (----). Figure 2: Area of the Torres Strait Tropical Rock Lobster Fishery, including areas of PNG jurisdiction but excluding PNG areas outside but near the Torres Strait Protected Zone. 8 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 1.5 Allocation between sectors The TSPZ catch is split between three sectors in Australian waters – TVH, TIB and those PNG vessels endorsed to fish in Australian waters under Treaty arrangements. Each year the CSIRO undertake a stock assessment that informs a nominal Total Allowable Catch (TAC) for the TSPZ (see section 5.2). Based on this stock survey it is determined that 85% of the TSPZ TRL stock is in Australian waters and 15% is in PNG waters. It should be noted that as the fishery is not currently under a statutory quota management system these are nominal splits of the recommended total catch. Each sector is monitored against the TAC. The Treaty specifies catch sharing arrangements between Australia and Papua New Guinea (PNG). Under the Treaty, PNG are entitled to 25% of the Australian TAC in Australian waters, and Australia is entitled to 25% of the PNG TAC in PNG waters. In 2013, PNG were allocated 185 tonnes in Australian waters, and Australia was allocated 26 tonnes in PNG waters. The PNG catch allocation is converted to tender fishing days under the catch sharing model. The 2013 catch sharing arrangement allowed for three PNG licensed fishing boats, each with up to seven tenders to access the TSPZ to take TRL. The effort allocation model limited effort to 685 tender days in 2013 however only a small fraction of this was utilised. Australia has to date forgone access to its share of the catch in the PNG area of jurisdiction. This was taken into account when calculating the effort allocation to PNG. Officials from Australia and PNG meet annually to discuss fisheries matters in accordance with the Treaty, and PNG TRL allocation is one of these matters. From the remaining 75% of the Australian TAC in Australian waters, this is split between the TVH and TIB sectors. The PZJA made a decision at its 18th meeting in July 2005 to work towards adjusting access to the TRLF between the TIB and TVH commercial fishing sectors. The PZJA decided it would offer payments for TVH licences through a voluntary tender process to acquire access needed to meet Australia’s obligations under the catch sharing provisions of the Treaty. In 2007, the Commonwealth Department of Agriculture, Fisheries and Forestry (DAFF) conducted two open tender processes on behalf of the PZJA to increase the relative share of the fishery for the traditional inhabitant (TIB) sector. The first tender process resulted in the acquisition of two non-traditional licences, and the second resulted in a further acquisition of 11 licences. In 2012, the Queensland Department of Agriculture, Fisheries and Forestry (QDAFF) undertook a further open tender process, removing one additional licence. Overall, 14 primary boats and 31 associated tenders (dinghies) from the non-traditional (TVH) sector have been surrendered through these structural adjustment processes. There are now 12 primary boats with 32 tenders remaining in the TVH sector. The TIB sector currently holds approximately 56% of the Australian allocation. From the total TSPZ TAC each year, the current sectoral allocations are: TIB sector 38% TVH sector 29% PNG sector 33% 1.6 Governing legislation/fishing authority The jurisdiction and management framework for commercial and traditional fisheries in the Torres Strait is governed by the provisions of the Treaty, enacted between Australia and PNG. The Treaty describes an area in the Torres Strait known as the TSPZ. The TSPZ consists of areas in which Australia and PNG have jurisdiction over certain swimming marine species and sedentary marine species. The principal purpose of the parties in establishing the TSPZ is to acknowledge and protect the traditional way of life and livelihood of the Traditional Inhabitants including their rights in relation to traditional fishing and free movement. A further purpose of the Parties in 9 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 establishing the TSPZ is to protect and preserve the marine environment and indigenous fauna and flora in the vicinity of the TSPZ. In order to implement Australia’s fisheries-related treaty obligations in relation to traditional fishing, the principal commercial fisheries were placed under the jurisdiction of the Torres Strait Fisheries Act 1984. The Act provides for the Torres Strait fisheries to be managed under the laws of the Commonwealth or Queensland. In 1999, the PZJA agreed that all commercial fishing activity in the Torres Strait would be managed under the laws of the Commonwealth (see section 31 (2) of the Act). The Act established the Protected Zone Joint Authority (PZJA) which has responsibility for administering Act. The PZJA members comprise of the Commonwealth and Queensland Ministers responsible for fisheries and the Chairperson of the TSRA. The Commonwealth Government Minister is the Chairperson of the PZJA. The Act sets out the functions of the PZJA. These functions consist of: keeping constantly under consideration the condition of the fishery; and formulating policies and plans for the good management of the fishery. And for the purposes of the management of the fishery: exercising the powers conferred on it; and co-operating and consulting with other authorities (including Joint Authorities established under the Fisheries Act 1952 or the Fisheries Management Act 1991) in matters of common concern. The Torres Strait Protected Zone Joint Authority (PZJA) The PZJA is responsible for monitoring the condition of the designated fisheries and for the formulation of policies and plans for their management. In exercising its functions, the PZJA has regard to the rights and obligations conferred on Australia by the Torres Strait Treaty, in particular the protection of the traditional way of life and livelihood of the Traditional Inhabitants, including the capacity to engage in traditional fishing. The PZJA has delegated day to day management of the fisheries to Australian Fisheries Management Authority (AFMA), and compliance and licensing in the fisheries to the Department of Agriculture, Fisheries and Forestry (QDAFF). Four agencies actively support the PZJA in the administration of its functions being AFMA, QDAFF, TSRA and Australian Government Department of Agriculture (DAFF). The Australian Fisheries Management Authority (AFMA) The primary services provided by AFMA to the PZJA are: day to day management responsibility; contribute fisheries management expertise; facilitate the provision of scientific data on the condition of the fisheries in support of the PZJA’s obligation to keep “constantly under consideration the condition of the fishery”; develop and implement regulations to implement the PZJA’s policies; coordinate the PZJA consultative process and provide secretariat service; foreign compliance activities; and coordinate Australia’s participation in the annual Fisheries Bilateral meetings. The Queensland Department of Agriculture, Fisheries and Forestry (QDAFF) The primary services provided to the PZJA are: provide advice to the Queensland PZJA member on PZJA fisheries issues and on his / her statutory obligations; 10 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 administer all PZJA licensing functions (including the establishment of a ‘register’ to record effort or catch entitlements held by individual fishers under a management plan; contribute fisheries management expertise (noting that many fishers in the TSPZ are cross endorsed to fish for similar species in Queensland fisheries); and domestic compliance activities. The Torres Strait Regional Authority (TSRA) The TSRA is a Commonwealth statutory authority forming part of the Government’s Indigenous Affairs Portfolio, was established in 1994 in order to strengthen the economic, social and cultural development of the Torres Strait to improve the lifestyle and well-being of indigenous people (Islanders and Aboriginal) living in the Torres Strait. The primary services provided by the TSRA to the PZJA are: provide advice to the TSRA Chair on PZJA fisheries issues and on his/her statutory obligations; contribute expertise in relation to traditional fishing in the TSPZ (in particular in relation to the Turtle and Dugong fishery); and support and facilitate Torres Strait Islander and Aboriginal involvement in the PZJA consultative processes. The Australian Government Department of Agriculture DAFF provides the following services to the PZJA: provide advice to the Australian Government Minister (and Chair) on PZJA fisheries issues and on his/her statutory obligations; manage the bilateral relationship with PNG; over-arching responsibility for legislation and Australian Government policy. 1.7 Status of export approval/accreditation The TRLF was granted export approval/accreditation under the EPBC Act on 23 November 2010 for a period of 3 years. This accreditation was subject to a number of conditions and recommendations (see in Attachment A). AFMA is seeking a further 3 year export accreditation. 2 Management 2.1 Changes to management arrangements There have been no significant changes to management arrangements since the last reporting period. The only changes relate to the interim management arrangements, being the removal of: week-long spring-tide hookah closure each month; and the 30% reduction in tender use for TVH operators with more than one tender. The PZJA agreed that following the completion of the 2012 structural adjustment that all interim management arrangements in the fishery would be removed. Further to this, based on data gathered since their inclusion in 2003 to present, these arrangements were judged to be ineffective in limiting TVH effort in the fishery. 11 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 2.2 Performance of the fishery The performance of the TRL fishery against its reference points has been relatively good. The most recent stock assessment indicates that the stock has been fished to below the spawning stock levels associated with maximum sustainable yield (MSY) in 4 years out of 22. However, the stock recovered following these years. Catches in the fishery have varied considerably over time. As the fishery is based largely on a single year class of age 2+ TRL, variations in recruitment strongly influence catches in the fishery. A decrease in fishing effort from the structural adjustment programs has also brought about a decrease in catch since 2007. The 2012 fishing season was considered a good fishing year for the fishery. Although the season was not as productive as 2011, catches were consistent with 2010 which was also considered a good year. Catch Per Unit of Effort (CPUE) for both the TVH and TIB sectors were below 2011 levels, however again consistent with 2010. Up until 2005 the TVH sector took more TRL than the TIB sector; however this trend is now changing. The structural adjustment processes have removed half of the TVH licences. The 2013 mid-season independent TRL survey conducted by CSIRO experienced the worst underwater visibility since annual surveys commenced in 1989. While thought to influence survey results the survey found that recruiting 1+ TRL were just below the long-term average, which would suggest that the 2014 season may not be as productive as 2012. The numbers of adult (aged 2+) TRL was consistent with the long-term average supporting the catch reported to date in 2013. Assessment of the TRLF has come a long way. There have been some improvements in catch data but also some loss of population size-structure data. Most importantly, the number of years of data on the fishery continues to increase, providing more information about the stock and the way it responds to fishing pressure and varies naturally from year to year. New stock assessment models can capture this information and allow the estimation of population parameters to determine the performance of the fishery. The TRL Resource Assessment Group (TRLRAG) accepted the final 2013 Stock Assessment report. The TRL RAG also accepted the following changes to the stock assessment model in 2011: Revised assumption of a hyperstable CPUE relationship; Increase to the stock recruit variance parameter; Estimating a new selectivity for the 1973-1988 period; and New reference spawning biomass level. The stock assessment presented at the 2013 TRLRAG indicated that spawning stock biomass was well above the minimum agreed threshold level and near the biomass target level of 65% of virgin biomass. 2.3 Compliance risks present in the fishery At the most recent Torres Strait Fisheries Management Advisory Committee (TSFMAC) meeting in March 2012 the group was informed that the incidence of incursions by Indonesian fishing vessels continues to remain low with only two apprehensions during 2010/11 and no sightings to date in 2012/ 2013. Queensland Boating and Fisheries Patrol (QB&FP) gave a domestic compliance update at the meeting and informed the group that there had been no significant catch related offences for the TRLF throughout 2011. Two separate programs administer the compliance regime in the Torres Strait. Coastwatch manages and coordinates the civil maritime surveillance program that identifies incursions into Australia’s Exclusive Economic Zone (EEZ). Civil aircraft under contract to Coastwatch conduct surveillance of the Torres Strait region. Following a report from Coastwatch of a Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 12 foreign fishing vessel sighting, AFMA initiates a response. Coastwatch coordinates the response, using the at-sea platforms including the Royal Australian Navy patrol craft and larger vessels of the National Marine Unit (NMU) of the Australian Customs Service. QB&FP carries out the domestic compliance programs for the Torres Strait under an agreement between the Commonwealth of Australia and the State of Queensland relating to the cost of management of fisheries in the area of Australian jurisdiction. AFMA undertook a compliance risk assessment for the Torres Strait in 2004 in response to the PZJA’s concerns that the compliance programs for the fisheries under its authority were being compromised for a number of reasons. The executive summary of the risk assessment and compliance plan was tabled at the TSFMAC meeting in July 2004 with the full risk assessment endorsed at PZJA 17. Using this process, the following risks were identified as being significant for the TRLF, based on controls that were in place at the time: The risk of unlicensed domestic operators (non-traditional) and unlicensed PNG nationals was identified as high. Unlicensed domestic operators (traditional) were considered moderate risk. Breach of gear restrictions, in particular the use of hookah breathing apparatus and seasonal closures, were identified as moderate risks. Breach of possession limits, size limits and fishing during seasonal closures were rated as moderate risks. The risk assessment acknowledged the understanding that QB&FP was responsible for the enforcement of statutory prohibitions including patrolling and surveillance, and the preparation of evidence for use in legal proceedings. The risk assessment process pointed to some shortcomings that existed within compliance arrangements in the Torres Strait fisheries. While compliance in the Protected Zone was managed by QB&FP: QB&FP staff were increasingly diverted from Torres Strait compliance functions to activities of national importance, i.e. post-apprehension administration of Indonesian vessels and crew; relief officers did not have time to gain a full understanding of the issues involved in (a) dealing with Indonesian fishing crews, or (b) Torres Strait fisheries management issues; the ability of QB&FP staff to carry out compliance activities on the more distant island and reef groups and along the border with PNG was compromised. Officers relied on the availability of Customs and Police vessels and fisheries patrols were a low priority for the agencies who own these boats. Even when Custom vessels were employed, they were limited in their usefulness in that vessels could not proceed into uncharted waters. The risk assessment suggested some options that PZJA could consider for enhancing the compliance program, including: a letter from the PZJA to the Commonwealth Minister identifying the severity of the foreign fishing vessel issue and its impact on the ability of the PZJA to manage Torres Strait fisheries: minimum training standards (Certificate IV in Government Fraud Control Investigations) for all fisheries officers; AFMA and Fisheries Queensland to continue to cooperatively identify arrangements that; (1) minimise the effect of the foreign fishing program on the PZJA compliance program; and 13 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 (2) create less reliance on external agencies for vessels capable of patrolling the whole of the fishery. At its 17th meeting, the PZJA requested a report on options for enhancing the compliance program in the Torres Strait. 2.3.1 Customized Registration Sticker System At its 20th meeting on 26 October 2006, the PZJA agreed to implement the specific guidelines for the proposed customized Torres Strait Fishing Boat Registration Sticker System. The system requires licence holders to display registration stickers on TIB and TVH licensed boats to provide enforcement officers and others with a means of visually identifying whether the boat is authorised to be used under the licence. Under the system the Queensland Water Police are able to easily determine whether boats are registered. While issues among the parties have prevented the system from being formally regulated, fishers are using the stickers and demonstrating the value of the scheme. Once agreement is reached a Regulation will be developed. The sticker system will apply to all boats licensed to fish in the TSPZ with the exception of prawn endorsed boats. Prawn endorsed vessels are not considered to have a high risk from unlicensed fishing and are monitored via VMS. Cross endorsed PNG vessels will also be required to display a sticker under the system. 2.3.2 Penalty Infringement Notices The provision of power for the Commonwealth Minister to implement alternatives to prosecution for offences under the Act by way of infringement notices and a demerit points system was implemented in 2007. The two mechanisms under the Act provide enforcement agencies with effective and efficient tools to deter and handle offences committed under the Act. The amendment to Section 54B of the Act allows an infringement notice scheme to be implemented by regulation. This scheme provides a more efficient mechanism for deterring breaches of licence conditions and arrangements under the proposed output control system than previously available. Issuing of infringement notices avoids the need for time consuming prosecution of offences in the court system. This provides benefits both for compliance officers and operators. 2.3.3 Demerit Points System Similarly a demerit point system was also implemented through Regulation. This system provides additional deterrence for habitual offenders in lieu of higher penalties per prosecuted offence. Section 54C of the Act allows the establishment of a demerit points system under regulations under which a licence granted under section 19 may be suspended or revoked if the licensee accrues a prescribed number of demerit points. 2.4 Consultation Processes The TRL Working Group (TRLWG) met in April 2013. The April meeting focused on the developmental process of the management plan and steps to implementation. The TSFMAC did not meet during this reporting period. The TRLRAG met in August 2013 to discuss the stock assessment of the fishery as well as to recommend a Total Allowable Catch for the fishery for the 2014 season. The PZJA is responsible for monitoring the condition of the designated fisheries and for the formulation of policies and plans for their management. The PZJA has regard to the rights and obligations conferred on Australia by the Treaty, in particular the protection of the traditional way of life and livelihood of the Traditional Inhabitants, including their traditional fishing. The PZJA has a well-established consultative structure of advisory bodies, which allows for greater participation from Traditional Inhabitant representatives at all levels of the consultative process. Traditional Inhabitant representatives, together with industry and government Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 14 representatives, actively participate in the development of management arrangements for all Torres Strait fisheries (Figure 3). The TSFMAC and Torres Strait Prawn Fishery Management Advisory Committee (TSPMAC) are advised on scientific and research matters by the Torres Strait Scientific Advisory Committee (TSSAC). The TSSAC develops research priorities to address management issues and reviews applications to undertake research based on the priorities. The consultative structure for Torres Strait fisheries incorporates Australian TIB commercial and traditional fishers, TVH commercial fishers, Australian Government and Queensland officials, and technical experts (Figure 3) and was updated to include TRLRAG following the decision of the PZJA 18 in July 2005. Protected Zone Joint Authority Structure Torres Strait Treaty / Torres Strait Fisheries Act (1984) PZJA Minister for Agriculture, Fisheries and Forestry (Chair) PZJA Standing Committee Senior Managers DAFF (Chair) AFMA Qld PI&F TSRA Minister for Primary Industries, Fisheries and Rural and Regional Queensland Chair TSRA TSSAC TRLRAG MACs Working Groups Figure 1: The consultative structure of the PZJA and relevant Advisory Committees and Working Groups. Consultation and communication can be difficult across the scattered islands of Torres Strait, though are important elements in the effective management of the region’s fisheries. The consultative committees are therefore complemented by meetings between fisheries officers and fishermen in communities around the Torres Strait. These meetings are occasionally supplemented by fisheries programs broadcast on Radio Torres Strait and articles/advertisements in the Torres News. While the TSFMAC and TSPMAC are the main means for the PZJA to obtain advice and information, the PZJA may seek advice and views from others with relevant expertise or interest. This includes PZJA Agencies, other government agencies, independent consultants, operators in other fisheries and representatives of the broader community. In addition to the PZJA committees, an advisory group of Traditional Inhabitant fishers provides advice to TSRA on fisheries matters. Traditional Inhabitant representation on the PZJA advisory committees and working groups are generally derived from the Community Fisher Group. The TSRA is currently undertaking a review of the operations of the Community Fisher Group to enhance the advice of Traditional Inhabitants to the TSRA Board. A further review on broader administrative functions of the PZJA, including consultation, is currently being finalised. Implementation of the recommendations of this review may also enhance the efficiency of the current consultative structure for Torres Strait fisheries. 15 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 2.5 Cross-jurisdictional management arrangements AFMA and PNG National Fisheries Authority (NFA) met at the Fisheries Bilateral Meeting in October 2013. The status of Torres Strait fisheries was discussed and catch sharing arrangements of Article 23 Fisheries (under the Torres Strait Treaty) were agreed. Australia and PNG entered into the Torres Strait Treaty on 15 February 1985. The Treaty is concerned with sovereignty and maritime boundaries in the area between the two countries and the protection of the traditional way of life, livelihoods of Traditional Inhabitants and of the marine environment. The Treaty also established the TSPZ in which each country exercises sovereign jurisdiction for swimming fish and sedentary species on the respective sides of the agreed jurisdiction lines. The lines are known as the Fisheries Jurisdiction Line and Seabed Jurisdiction Line (Figure 2). The Treaty requires Australia and PNG to cooperate in the conservation, management and optimum utilisation of all of the Article 23 commercial fisheries of the TSPZ. It also allows for catch sharing arrangements between the two countries which are negotiated annually at a fisheries bilateral meeting. In administering the Act, the PZJA has regard to the rights and obligations conferred on Australia by the Treaty, in particular the protection of the traditional way of life and livelihood of the Traditional Inhabitants, including their traditional fishing. While having obligations to protect the traditional way of life of the Traditional Inhabitants, the PZJA is also responsible for monitoring the condition of Australian fisheries in the Torres Strait and for the formulation of policies and plans for their management. These fisheries are prawn, TRL, pearl shell, mackerel, bêche-de-mer, trochus, finfish, barramundi, crab and traditional fishing (including turtle and dugong). In addition, AFMA in conjunction with the QB&FP coordinates and delivers fisheries management and surveillance/enforcement programs in the TSPZ on behalf of the PZJA and in accordance with the provisions of the Act. In October 2006 QDAFF announced implementation of a quota system in the East Coast Fishery to complement the Torres Strait Fishery. PNG has a management plan in place for their fishery that includes complementary management arrangements such as the same size limits and a four month prohibition on the use of hookah and limits the number of hookahs in the fishery to 49. Catch sharing arrangements under the Treaty are discussed in Section 1.5. 2.6 Outcomes of review processes Following reviews of management for TRL a quota-based management plan is a PZJA priority and a process is in place to work with stakeholders on the development of the management plan. Torres Strait Islanders have articulated to governments their aspiration of ownership of the TRL resource. While programs to fulfil those aspirations have fallen short, there is a high level of cooperation between agencies, Traditional Inhabitants and fishers in the process to develop a management plan. To provide a path for dealing with the aspirations of both sectors (TVH and TIB), PZJA agencies commissioned a five year business plan for the fishery. It is hoped that implementation of recommendations from the business plan and consultation through the TRL Working Group will allow for progress to be made in implementing a management plan for the TRLF. However, it is not anticipated that a management plan will be in place before 2015. 2.7 Demonstration of compliance with TAPs, recovery plans, etc No change in the reporting period. 16 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 As the fishery is a highly selective single species fishery and no bycatch is taken, there are no threat abatement plans, recovery plans or bycatch reduction strategies applicable to the fishery. 3 Research and monitoring Catch and effort logbooks are mandatory in the TVH and for TIB fishers with vessels over 7m in length. Fishers must record all retained catch in the logbook (target and byproduct). An example of the TRL04 logsheet is at Attachment B. Reporting is not compulsory for TIB fishers using smaller vessels at this time. In January 2004, AFMA introduced the Torres Strait Seafood Buyers and Processors Docket Book (TDB01) (Attachment C) to commercial and community freezer operators to collect data on Islander catch. While the use of the TDB01 docket book is currently voluntary, it is considered to be successful in monitoring the harvest of TRL by TIB fishers. Annual Stock Assessment Research - see 5.2 Stock Assessments Other TSSAC Funded Projects ‘Refinements to and results from the TRL Management Strategy Evaluation (MSE) simulations applied to the Torres Strait’ (Plaganyi et al, 2013) was developed to assess and support the management of the fishery. The MSE methodology compared social, economic and biological trade-offs anticipated under a range of proposed alternative management strategies, as well as the sensitivity to related external factors. ‘Environmental impacts on the TRL population in Torres Strait’ (Dennis et al 2013), assessed the relationships between habitat variables gathered during previous TRL population surveys, TRL abundance and the usefulness of habitat variables in improving stock prediction. The specific aim was to determine if habitat variables could be used as covariates in the integrated fishery model to help refine stock and TAC forecasts. Evidence suggested a relatively poor relationship between habitat variables and TRL abundance, though seagrass cover was reasonably well correlated at the regional level. Water temperature also showed little correlation with growth rates of TRL and survival rates ‘Smart phone technology for remote data collection in Torres Strait Traditional Inhabitant Finfish Fisheries’ project (Hartmann and French). This project is investigating the use of smartphone technology for catch monitoring, which is currently a shortfall in the traditional sector of the fishery. Improved catch data collection would improve accuracy in the assessment of stocks and provide better information for management decisions and research. It is hoped that such technology will reduce the burden of paperwork that appears to deter TIB operators form using logbooks. Although this is currently only being trialled in the Torres Strait Finfish Fishery, its application could work in the TRLF. 4 Catch data 4.1 Total catch of target species The total catches of TRL for 2012 against the TSPZ nominal TAC of 964 tonnes: Tropical Rock Lobster (Panulirus ornatus) catch Non-Traditional Sector catch Traditional Sector catch Papua New Guinea catch 731 tonnes 370 tonnes 188 tonnes 173 tonnes 17 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 Figure 4: Total Torres Strait Protected Zone Catches of Tropical Rock Lobster (Panulirus ornatus) against the Torres Strait Protected Zone nominal TAC in the Torres Strait Tropical Rock Lobster Fishery (2006-2012). The TSPZ catch has never exceeded the nominal TSPZ TAC. The TACs are referred to as nominal because the TAC is not individually allocated or legislated and each sector’s share is therefore also nominal. The 2011 catch was the highest since 2005, which is considered the most successful year in the fishery (under current management arrangements), and the TAC was still not caught. This is due to the underperformance of the TIB and PNG sectors in the fishery and resulting in the ongoing sustainability of the fishery. Figure 5: Australian Catches of Tropical Rock Lobster (Panulirus ornatus) against the Australian allocated nominal TAC in the Torres Strait Tropical Rock Lobster Fishery (20062012). The Australian TRL catch, TVH and TIB sectors, has at times gone very close to the Australian nominal TAC and only exceeded it in 2011. This was due to greater than expected Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 18 abundance and catching capacity of the TVH sector in particular. It should be noted as in Figure 4 that the total TSPZ TAC was not overfished that year. The Catch Per Unit Effort (CPUE) from the TVH sector (see Figure 8) is well above the TIB sector, as well as the PNG sector, resulting in higher catch rates, however the lower catches of the other sectors allow the fishery to remain sustainable under the present nominal TAC regime. 4.2 Total catch of target species taken in other fisheries There is limited interaction of TRL with other fisheries, other than the Torres Strait Prawn Fishery (TSPF), licensing conditions limit TSPF operators to 20kgs if caught in trawl nets, and must be reported. 4.3 Catch of byproduct/ bycatch species As a result of hand collection methods used, there are no non-retained species or bycatch species in the fishery, however fishers with other endorsements are able to harvest under those authorities while targeting TRL. 4.4 Harvest by each sector The total catches of TRL for 2012 against the TSPZ TAC of 964 tonnes: Tropical Rock Lobster (Panulirus ornatus) catch Non-Traditional (TVH) Sector catch Traditional (TIB) Sector catch Papua New Guinea catch 731 tonnes 370 tonnes 188 tonnes 173 tonnes The TSPZ nominal TAC, based on the CSIRO annual mid-season survey, was 871 tonnes, though the total catch was 731 tonnes reported for the commercial sectors in 2012. The figures from the TIB sector are likely to be slightly underestimated as reporting in this sector is not mandatory and figures are formulated from voluntary docket book reporting. Figure 6: Catches of Tropical Rock Lobster (Panulirus ornatus) against the TSPZ nominal TAC by sector in the Torres Strait Tropical Rock Lobster Fishery (2006-2012). 19 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 There is a small recreational fishery for TRL in the Torres Strait regulated by QDAFF. The level of traditional take of TRL in the fishery is unknown but assumed to be very small compared to the commercial harvest based on previous CSIRO research on traditional fishing in Torres Strait. Illegal, unreported and unregulated fishing in the TSPZ is assumed to be small compared to the commercial harvest based on the surveillance reports from AFMA Foreign Compliance and QB&FP reports. There was no illegal harvest reported in 2012. 4.5 Effort data including information on any trends Figure 7: Effort in the Tropical Rock Lobster Fishery between the TVH and TIB sectors (2001-2012). Effort in the TVH sector has steadily declined between 2004 and 2009 as a result of the removal of licenses in the fishery through the buyout processes, increased in 2009, and has been relatively consistent between 2010 and 2012. Effort in the TIB sector has decreased significantly since 2008, from 4564 tender days in 2008 to 2554 days in 2012. It is thought to be the result of some of the best TIB divers now working for TVH operations. Effort from PNG has shown a relatively steady decrease over the last 15 years, believed to be related to increasing operational costs. However, this trend is expected to change as a result of the introduction of live product export out of PNG. 20 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 Figure 8: Catch Per Unit Effort in the Torres Strait Tropical Rock Lobster Fishery between the TVH and TIB sectors (2007-2012). CPUE for both the TVH and TIB sectors has been increasing over the years as fishing practices and technology improves. Importantly, the decrease in CPUE in 2012 is not related to a decrease in stock abundance as 2011 was an extremely productive year in the fishery with catch rates not seen since 2005. CPUE in 2012 is still higher overall than CPUE in 2010. The same trend has been experienced in the PNG sector. A new diving technique is entering the fishery known as teabagging, whereby hookah divers, using GPS units, move quickly between dive sites, only taking TRL that are in larger numbers. This means that divers are diving significantly greater numbers of sites each day, and are minimising searching time. This is resulting in larger catches being far less opportunistic then previously. 4.6 Spatial issues/trends The spatial distribution of TRL and consequently fishing effort is largely determined by the distribution of seabed habitats which stays relatively constant over time, but also on the distribution of food species such as bivalves. However, distribution of recruiting TRL and/or fishing effort may also be heavily influenced by environmental conditions such as strong trade winds and high turbidity hampering fishing. In addition, TRL are mobile and migrate out of Torres Strait from about October onwards, hence distribution of TRL throughout the year also changes. The fishery-independent survey of the Torres Strait TRL population was carried out in May/June 2013. Indices of recruiting (1+) and fished (2+) TRL abundance were estimated for comparison with historical levels as inputs to the integrated fishery model. The mid-year survey covered a total of 74 sites surveyed by divers. It was noted that this was one of the worst years for weather and worst underwater visibility since the surveys began in 1989, which can influence the model. The 2013 recruiting (1+) year-class was just below the longterm average, which was in contrast to the increasing trend during 2009-2012. The 2012 fished (2+) year-class was slightly smaller than the 2012 year-class and near the long-term Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 21 average. As the fishery targets 2+ TRL, the 2013 commercial catch is expected to be similar to the 2012 catch, though will be dictated by distribution. The 2+ TRL were below average across all stratums except the Mabuiag and Warraber strata. It has been highlighted that annual variability seen in TRL distribution between locations in Torres Strait may indicate that TRL abundance at any of the sites is influenced by travelling TRL as well as variable environmental conditions (particularly food availability) from year to year. One independent scientist suggested that a better predictive index of abundance might be obtained by analysing data from a subset of key 'recruitment' sites, if such sites do exist. As the TVH sector utilises primary boats, they have the capacity to travel further and stay at sea for extended periods, even during adverse weather conditions. Therefore the TVH sector can maximise opportunities at the Kirkcaldie rubble stratum, an open, exposed reef complex that can at times yield high catch rates. This is only accessible to smaller TIB tender hookah operations during good weather conditions. However, as noted previously, TIB operators are now moving to primary boat operations and fishing this area. The TIB tender operations predominately dive reefs closer to inhabited islands, therefore catches are far more opportunistic. In 2012, the Mabuiag stratum showed good catch rates. When this area is productive it can have significant benefits for both the TVH and TIB sector and this appears to be the case in 2013. Surveys of the PNG Torres Strait TRL population were conducted mid-year in 1989, 1998, 2002, 2003 and 2004 to give fishery-independent indices of the relative abundance of the recruiting (1+) and fished (2+) year classes and size distribution data in PNG waters. It is generally agreed between the two countries that around 15% of the Torres Strait TRL stock reside in Papua New Guinea waters and the remaining 85% reside in Australian waters. 5 Status of target stock 5.1 Resource Concerns There is no concern about the status of the TRLF stock. The TRLF was assessed by the Australian Bureau of Agricultural Economics and Sciences (ABARES) in the Fishery Status Reports 2011 as not overfished/not subject to overfishing (ABARES, 2012). CSIRO undertake an annual stock assessment of the fishery (see section 5.2). This stock assessment provides a nominal TAC for the TSPZ each fishing season. Based on the sector allocations (see section 1.5), each sector is monitored for catch. The PZJA monitor the performance of the fishery against the TSPZ TAC each year. Should the TSPZ nominal TAC be exceeded the PZJA will investigate management options through the TRLWG and TRLRAG for further limiting effort in the fishery. In addition the PZJA continues to monitor catch levels from both sectors of the fishery closely. The 2013 fishing season has seen the removal of interim management arrangements (see section 2.1), which were considered ineffective at capping effort. This has been supported as preliminary catch data suggests that the 2013 TSPZ catch will be well below the TSPZ TAC of 871 tonnes. The PZJA is still firm in its commitment to implement a management plan into the TRLF that has instruments for a quota system, capping each sector to their allocation. The implementation of the management plan is a few years off, though the PZJA continues to review management arrangements and the sustainability of the fishery. The TSSAC funded a project to investigate various management arrangements and their impacts economically, socially and culturally on the fishery; particularly the impacts of quota (see section 3). The TRLRAG, in association with CSIRO, have developed a Harvest Strategy for the TRLF which has target, trigger and limit reference points for estimated biomass in the fishery (see ABARES, 2013). This model has been developed for the implementation of allocated TACs under a management plan and is yet to be fully used in the fishery. However at the annual TRLRAG meeting the fishery is tested against this model. In 2013 the fishery was at 70% of 22 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 the spawning stock virgin biomass. This is above the target reference point of 65% of virgin biomass and well above the trigger reference point of 48% of virgin biomass. 5.2 Stock Assessments The 2013 stock assessment presented to the TRLRAG in August 2013 indicated that the Torres Strait TRL stocks were in very good condition. The stock is currently estimated to be at 113% of BMSY. Panulirus ornatus is a single target species, which is known to spawn in the far eastern regions of PNG and move in a clockwise direction into the TSPZ (See Figure.1). TRL is hand collected and therefore is the only species selected in the fishery. Due to the economic, cultural and social importance of this resource, stock assessments are integral to ensure that harvest is sustainable. In 1989, CSIRO undertook a baseline survey, to assess the abundance and age composition to make fishery-independent estimates of the fishable stock, the relative abundance of recruits that comprise the target stock in the following year, and the potential yield. This survey highlighted a poor stock–recruitment relationship and the variability of the TRL population, including annual recruitment that varies temporally and spatially. This survey, or a modified version, has since been carried out annually, undertaking a midseason survey to assess the relative abundance of recruiting (1 year +) and fished (2 year +) TRL and size-frequency of the TRL population for the upcoming season. This annual stock survey is integrated into several developed models. These models are fitted against additional historical stock information and the latest CPUE data to determine the following season TAC. The 2013 mid-season survey indicated the recruiting (1+) year-class was just below the longterm average and fished (2+) year-class was consistent with the long-term average. As the fishery targets 2+ TRL, the 2013 commercial catch is expected to be similar to 2012. Based on this stock assessment the recommended 2014 TAC will be 616 tonnes. The model also determined that the current stock is estimated to be 113% of BMSY (virgin spawning biomass). Virgin spawning biomass is a back calculation formula that tries to estimate an average population of TRL dating back to 1973 in the absence of fishing. Additional to the annual stock assessment, the Australian Bureau of Agricultural Economics and Sciences (ABARES) undertakes an annual Fishery Status Report of all Commonwealth fisheries and in 2011 the TRLF was assessed as not overfished/not subject to overfishing (ABARES, 2012). In 2005, on the back of the Ministerial direction for all Commonwealth Fisheries to be managed under output controls, the TRLRAG recommended that in order to support the new TAC, effective methods for accurate TAC setting would need to be designed through preseason surveys of recruiting (1 year +) TRL abundance. The first pre-season survey was conducted in November 2005 to provide managers with information on the abundance and biomass of fishery recruits and the likely stock biomass available to be fished in the following season. The pre-season surveys continued through to 2008, however ceased in 2009 due to the delay in implementing quota into the fishery. CSIRO is expecting to undertake a preseason survey in 2015 for development of the 2015 TAC under a management plan. 5.3 Results of any stock recovery strategies Not applicable. 23 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 6 Interactions with protected species 6.1 Frequency and nature of interactions Due to the highly selective nature of the fishery there is little interaction with protected species. 6.2 Management to reduce impacts and results of such action Not applicable. 7 Impacts of the fishery on the ecosystem in which it operates 7.1 Results of any Ecological Risk Assessments An “Ecological Risk Assessment for Effects of Fishing on the Torres Strait TRLF (ERA) was developed jointly by CSIRO Marine and Atmospheric Research and AFMA in 2009. The assessment considered how the fishery impacted on 90 protected species that were identified as priorities through the risk assessment process. Given that the TRLF targets a single species (Panulirus ornatus) and employs highly selectively methods of take, this fishery was considered to be low risk and further assessment was not required. The assessment found that TRLF interactions with any of the identified protected species were rated as negligible or minor through the ERA process. It was also highlighted that reasonable steps could be taken to minimise any interaction with the protected species that were found to overlap with the area of the fishery. The ERA for the TRLF is available on the AFMA website at www.afma.gov.au 7.2 Nature of impacts on the ecosystem As the ERA assessed the fishery for potential impacts, envisaged that impacts on the ecosystem would be restricted to: Anchoring/mooring and other anthropogenic activities; Vessel accidents leading to pollution such as oil spills; and Concerns about translocation of species via hull and anchor fouling. Due to the nature of the fishing methods used in the fishery being hand spears or live collection on hookah dive gear, the direct impacts on the environment are minimal, other than some contact with benthos and some fishers walking on reefs while collecting TRL. As larger aggregations of TRL are targeted, localised declines in abundance may result, however due to the life history of the species, great mobility, and the small number of active fisherman in the fishery this is likely to be insignificant. 7.3 Management to reduce impacts and results of such action No specific management responses have been developed as the marine environment is not considered to be significantly impacted by the fishery. The Department of the Environment considers that as there are no specialist predator or prey relationships in the fishery area, there will not be significant damage to the ecosystem due to the operation of the fishery while the stocks are maintained at sustainable levels (i.e. above the limit reference point). 24 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 8 Progress in implementing recommendations and conditions resulting from the Department of the Environment assessment of the fishery 8.1 Description of progress in implementing each recommendation and condition The table at Attachment A outlines the progress made against the recommendations and conditions of the assessment as at 31 October 2013. References Australian Bureau of Agricultural and Resource Economics and Sciences (2013). Fishery Status Reports 2012 – Status of Fish Stocks and Fisheries Managed by the Australian Government, Commonwealth Department of Agriculture, Fisheries and Forestry - Australia, Canberra. Dennis, D., Plaganyi, E. and Haywood, M., 2013. Environmental impacts on the TRL population in Torres Strait. CSIRO, Brisbane. Plaganyi, E., Hutton, T., Deng, R. and Dennis, D. 2013. Refinements to and results from TRL Management Strategy Evaluations (MSE) simulations applied to the Torres Strait. CSIRO, Brisbane. 25 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 ATTACHMENT A Table 1: Conditions and Recommendations to the Australian Fisheries Management Authority (AFMA) on the ecologically sustainable management of the Torres Strait Tropical Rock Lobster Fishery Condition Level of Achievement as at 31 October 2013 1) Operation of the fishery will be The fishery continued to operate in accordance with carried out in accordance with the the statement of management arrangements agreed TSTRLF management regime made to by the PZJA (PZJA 16 and PZJA 20). under the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985. 2) The PZJA to inform the Department of the Environment of any intended amendments to the management arrangements that may affect the criteria on which Environment Protection and Biodiversity Conservation Act 1999 decisions are based. The only change in management arrangements resulted in removing interim arrangements that were ineffective at capping effort in the fishery. This was a PZJA decision. 3) The PZJA to produce and present This report has been prepared to meet this reporting reports to the Department of the requirement. Environment annually as per Appendix B to the Guidelines for Ecologically Sustainable Management of Fisheries - 2nd Edition. 26 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 Recommendation Level of Achievement to 31 October 2013 1) The Protected Zone Joint Monitoring of catch and effort in the Torres Strait continues Authority to: to be a challenge given that catch reporting is not mandatory in the traditional sector (TIB) of the fishery. a) implement strategies to Mandatory daily fishing records for the non-traditional (TVH) improve estimates of all are required, as well as for TIB fishers operating in a vessel commercial harvest from the larger then 7m in length. Torres Strait Tropical Rock Lobster Fishery; and The majority of TIB catch data comes in the form of voluntary docket books which are completed at the point of b) develop and implement sale. While these are a valuable data source, they are appropriate strategies to obtain voluntary and therefore often not completed. The burden of improved estimates of all paperwork is thought to be the main reason for poor removals from the total participation. Tropical Rock Lobster stock. In 2012, the Torres Strait Scientific Advisory Committee (TSSAC) identified that ‘Improvement of monitoring of catch and effort in all sectors of the fishery’ was a research priority. Therefore AFMA is currently funding a research project investigating the use of Smartphone technology for catch monitoring. Through the use of a smartphone application, the fishermen record their daily catch and when the phone is within phone reception the information is sent to AFMA. Creating an efficient and effective reporting method. This information can be used for improving the accuracy of the stock assessment and for reporting. Currently this is in a trial phase in the Torres Strait Finfish Fishery, however should its introduction see vast improvements in participation then it will be investigated for the TRLF. The PZJA continues to use education on the importance of catch reporting and monitoring with communities. 2) The Protected Zone Joint Authority, in conjunction with Fisheries Queensland, the Torres Strait Tropical Rock Lobster Resource Assessment Group and other relevant agencies, to continue to work towards the development and implementation of a stock wide resource assessment for Tropical Rock Lobster incorporating stocks from the Torres Strait Tropical Rock Lobster Fishery, the Torres Strait Papua New Guinea Tropical Rock Lobster Fishery and the Queensland Tropical Rock Lobster Fishery. The PZJA, in conjunction with CSIRO, have been undertaking annual stock assessment surveys of TRL in the TSPZ for the past 25 years. The original survey in 1989 consisted of 542 sites including PNG waters. An abbreviated survey, only in Australian waters, has been carried out annually. The last full-scale stock assessment was done in 2002, whereby the distributions of habitats and lobsters recorded matched those in 1989. Each year the survey informs the nominal Total Allowable Catch (TAC) for each upcoming season for the entire TSPZ. The PZJA continues to promote complementary management through the TRL Resource Assessment Group (TRLRAG) meetings which involve all three jurisdictions (the Commonwealth, Queensland and PNG). The TRLRAG considers both Queensland East Coast TRL (ECTRL) Fishery and PNG catches in assessing the status of the fishery. The TRLRAG is the forum for the determination of the TSPZ nominal Total Allowable Catch (TAC) for each upcoming Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 27 Recommendation Level of Achievement to 31 October 2013 season. At the TRLRAG, both Queensland and PNG provide updates on the performance of the respective fisheries and outline specific data such as catch figures and catch per unit of effort (CPUE). The information provided by PNG is considered in the model for allocation of fishing days for PNG vessels in Australian waters. PNG also has observer status on the TRL Working Group (TRLWG) and Torres Strait Fisheries Management Advisory Committee (TSFMAC) both of which promote complementary management arrangements. 3) In the absence of a plan of management for the Torres Strait Tropical Rock Lobster Fishery, the Protected Zone Joint Authority to: - investigate mechanisms that would allow implementation of appropriate management responses to any indication of unsustainable fishing effort; and The PZJA continue to monitor the performance of the fishery compared to the recommended TSPZ TAC annually for the fishery to ensure commercial harvest is sufficiently precautionary. If the TSPZ TAC is overcaught in a fishing season, the PZJA will investigate if management arrangements are needed to cap effort (see section 5.1). Although yet to be introduced, the TRLRAG has developed harvest control rules for the TRLF that assist in monitoring the performance of the fishery against reference points and threshold limits. These limits are reviewed annually at the TRLRAG meeting (see section 5.1). - report in the next annual status report on any management response adopted, including the reason for any nil management response. Based on the annual stock assessment, the fishery remains well above these reference points and shows no signs of unsustainable fishing including catch figures and CPUE data. Apart from commencing the development of a management plan, undertaking the fishery independent survey, conducting stock assessment and reviewing research needs, no other management responses have The Protected Zone Joint been considered necessary since the WTO was initiated. Authority to continue to work towards developing and The PZJA remains committed to formal management implementing long term arrangements that include output controls for the TRLF. A management arrangements management plan is in development through the TRLWG that adequately take account and a timeline has been endorsed for implementation by of all removals from the total 2015. The quota-based Plan will provide a mechanism to tropical rock lobster stock. set sustainable allowable catches and to enforce the catch limits. Further based on the Australian Bureau of Agricultural Economics and Sciences (ABARES) Fishery Status Reports 201, the TRLF was assessed as not overfished/not subject to overfishing under current management arrangements (ABARES, 2012). 4) In the absence of new management arrangements in the Torres Strait Tropical Rock Lobster Fishery, the Protected Zone Joint Authority to continue to monitor and actively manage the risks of illegal, unregulated and unreported fishing in the Routine compliance monitoring of illegal, unregulated and unreported (IUU) fishing is ongoing and is conducted on the basis of risk assessments. AFMA retains a strong focus on responding to IUU fishing. The PZJA continues to consult with other relevant jurisdictions through formal and informal channels including the bi-lateral meetings with PNG and the PZJA consultative structure. In addition, AFMA Foreign Compliance officers Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013 28 Recommendation Level of Achievement to 31 October 2013 Torres Strait Tropical Rock will continue to conduct regular formal and informal Lobster Fishery. discussion regarding IUU fishing with their PNG National Fisheries Authority counterparts. Australia will continue to support where possible cross jurisdictional training providing opportunities for capacity building by PNG compliance officers. Conditions on cross-border endorsements provided to PNG vessels under the Treaty obligations are negotiated on an annual basis to reduce risk of illegal fishing in Australian waters. 5) The Protected Zone Joint Authority to undertake an appropriate compliance risk assessment of the Torres Strait Tropical Rock Lobster Fishery when new management arrangements in the fishery are put in place. Routine compliance monitoring of IUU fishing is ongoing and is conducted on the basis of risk assessments. AFMA retains a strong focus on responding to IUU fishing. This will continue to be a focus in developing new management arrangements. 29 Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013