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Assessment of the

QUEENSLAND BLUE SWIMMER CRAB FISHERY

September, 2010

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© Commonwealth of Australia 2010

This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth, available from the Department of the Sustainability, Environment, Water, Population and Communities. Requests and inquiries concerning reproduction and rights should be addressed to:

Assistant Secretary Marine Environment Branch Department of Sustainability, Environment, Water, Population and Communities GPO Box 787 Canberra ACT 2601

Disclaimer

This document is an assessment carried out by the Department of Sustainability, Environment, Water, Population and Communities of a commercial fishery against the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. It forms part of the advice provided to the Minister for Sustainability, Environment, Water, Population and Communities on the fishery in relation to decisions under Parts 13 and 13A of the Environment Protection and Biodiversity Conservation Act 1999. The views expressed do not necessarily reflect those of the Minister for Sustainability, Environment, Water, Population and Communities or the Australian Government.

While reasonable efforts have been made to ensure that the contents of this report are factually correct, the Australian Government does not accept responsibility for the accuracy or completeness of the contents, and shall not be liable for any loss or damage that may be occasioned directly or indirectly through the use of, or reliance on, the contents of this report. You should not rely solely on the information presented in the report when making a commercial or other decision.

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Table 1: Summary of the Queensland (Qld) Blue Swimmer Crab Fishery (BSCF)

Publicly available information relevant to the fishery

• Qld Fisheries Act 1994.

• Qld Fisheries Regulation 2008.

• Qld Marine Parks Act 2004.

• Commonwealth Great Barrier Reef Marine Park Act 1975.

• Blue Swimmer Crab Fishery 2010 Progress against DEWHA Conditions and Recommendations, Fisheries Queensland.

• Blue Swimmer Crab Fishery 2009 Progress against DEWHA Conditions and Recommendations, Fisheries Queensland.

• Fisheries Queensland 2008 Policy for the Removal of Excess Fishing Capacity in Queensland’s Line, Crab, Beam Trawl and Eel Fisheries.

• Ecological Risk Assessment of Queensland’s Blue Swimmer , Spanner and Mud Crab Fisheries, Fisheries Queensland, October 2009.

• Department of the Environment and Water Resources Assessment Report of the Queensland Blue Swimmer Crab Fishery, October 2007.

• Department of the Environment and Heritage Assessment of the Queensland Blue Swimmer Crab Pot Fishery, October 2004.

• Ecological Assessment of the Blue Swimmer Crab Pot Fishery, Fisheries Queensland, March 2004.

• Annual Status Report 2010 – Blue Swimmer Crab Fishery, Fisheries Queensland.






Area The BSCF operates in Qld tidal waters with the majority of commercial catch harvested from Hervey Bay, the Sunshine Coast and Moreton Bay. Fisheries and marine park closures protect significant nursery grounds for juvenile blue swimmer crabs. Part of the BSCF is in Commonwealth waters; however, the entire fishery is managed by Qld under an Offshore Constitutional Settlement between the Australian Government and the Qld Government.

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Figure 1. Area of the BSCF

Fishery status A stock status assessment performed by Fisheries Queensland in May 2010 led them to determine that, under the current management regime, the blue swimmer crab stock is considered to be ‘Sustainably Fished’.

Target Species Blue swimmer crabs (Portunus pelagicus). Blue swimmer crabs are a highly fecund species that are fast growing and early maturing. Further information on the biology of this species can be found in the 2004 assessment of the fishery located on the Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) website.

By-product Species Fishers are allowed to retain other species of crab excluding spanner crabs. Recently three spot crabs have been the main retained byproduct species. Only three spot crabs with a carapace width of 10 centimetres (cm) or above may be retained. In 2009 7.4 tonnes (t) of three spot crabs were retained as by-product (between 1999 and 2009 catches ranged between 1.2 t and 61.4 t).

Gear Crab pots and collapsible traps are used by both commercial and recreational fishers. Inverted dillies or witches’ hats have been phased out and prohibited for use since April 2010.

Season There is no formal temporal season implemented in the fishery.

Commercial harvest 2009

662 tonnes (t) (pot harvest only)

Value of commercial harvest 2009

$6.08 million (pot harvest only)

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Take by other sectors The East Coast Otter Trawl Fishery (ECOTF) is permitted to retain blue swimmer crabs. In 2009 the total number of trawl licences was 442, of which 220 reported the catch of blue swimmer crab. Recent data from the ECOTF indicates that the take was 41 t in 2008 and 60 t in 2009. In 2005 a survey of recreational fishers indicated that recreational take of blue swimmer crabs was an estimated 157 t or 18% of the total catch. No current data is available, although a state-wide study commenced in July 2010, with the final report available mid-2012. Recreational fishers are permitted to use a maximum of four items of crab apparatus (collapsible trap, crab pot or dilly) and are subject to the minimum size limits (11.5 cm notch to notch). The Indigenous and charter sectors have an estimated combined take of less than 0.5 t per year.

Commercial licences issued

In 2009 there were a total of 429 commercial pot licences, with 172 accessing the fishery. In July 2008 Fisheries Queensland implemented the Policy for the Removal of Excess Fishing Capacity in Queensland’s Line, Crab, Beam Trawl and Eel Fisheries which has resulted in the removal of approximately 40% of commercial pot licences.

Management arrangements

The fishery is managed by Fisheries Queensland under the Queensland Fisheries Act 1994 and Queensland Fisheries Regulation 2008. Management controls in place in the fishery include: • A prohibition on taking female crabs; • A minimum legal size limit for males (11.5 cm notch to notch); • Gear restrictions and requirements, including a restriction on the

number of pots and float requirements; • Limited entry; • Restrictions on the number and size of commercial vessels; and • Spatial closures.

Export Limited export; blue swimmer crab is mainly sold locally and interstate.

Bycatch Bycatch may include undersized three-spot crabs, female and undersized blue swimmer crabs, female and undersized mud crabs, spanner crabs and some fish species.

Interaction with Protected Species1

Interactions with protected species are rare. Turtles may become entangled in the attached rope or entrapped within the pot. There have been very few interactions with marine turtles. Of the three interactions recorded since Species of Conservation Interest (SOCI) logbooks were introduced in 2003, all turtles were released alive. Possible interactions have been limited by prohibitions on the use of inverted dillies, changes to management arrangements that reduce ghost fishing and the specific nature of permitted equipment with respect to target species.

1 ‘Protected species’ means all species listed under Part 13 of the EPBC Act, including whales and other cetaceans and threatened, marine and migratory species.

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Ecosystem Impacts Pot fishing poses a moderate risk to the target species and by-product species of the same genus (three-spot crabs). The impact of the fishery on the ecosystem is considered to be low. The equipment used is lightweight, stable and set on a sandy structure, therefore imparting little impact on the physical environment. Lost or abandoned pots have the potential to impact the broader marine ecosystem by ‘ghost fishing’. To reduce this impact fishers are now able to set pots on trotlines, with floats and flags attached. Also more commercial fishers are being encouraged to utilise pots with biodegradable components. Turtles may become entangled in the attached rope or entrapped within the pot, however interactions with protected species are rare.

Great Barrier Reef Marine Park/ World Heritage Area

The assessment also considered the possible impacts on the Great Barrier Reef Marine Park (GBRMP) and on the World Heritage values of the Great Barrier Reef World Heritage Area (GBRWHA).

Due to the benign harvesting method used in the fishery (pots), spatial closures within the GBRMP and gear, size and harvest restrictions, as well as the relatively low effort in this part of the fishery, significant impacts on the GBRMP or the World Heritage values of the GBRWHA are considered unlikely.

On this basis SEWPaC considers that an action taken by an individual fisher, acting in accordance with the BSCF management regime in force under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994, would not be expected to have a significant impact on a matter protected by the EPBC Act.

Wetlands of International Importance

The assessment considered the possible impacts on the ecological character of the Moreton Bay, Sandy Strait, Shoalwater and Corio Bays and Bowling Green Bay Ramsar Sites. The equipment used in the pot fishery is unlikely to have a significant impact on the ecological character of the wetlands. The equipment used is also highly specific to the target species, thus limiting impacts on biota. Additionally there is a prohibition on catching females and undersized males. BSCF effort is concentrated in the Hervey Bay and Moreton Bay regions. Hence, the Shoalwater and Corio Bays and Bowling Green Bay Ramsar sites are afforded additional protection as there is relatively little effort in these areas. On this basis the department considers that an action taken by an individual fisher, acting in accordance with the BSCF management regime in force under the Fisheries Regulation 2008 and the Fisheries Act 1994, would not be expected to have a significant impact on a Wetland of International Importance.

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Table 2: Progress in implementation of conditions and recommendations made in initial assessment of the Queensland Blue Swimmer Crab Fishery (BSCF)

Recommendation Progress Recommended Action Condition 1: Operation of the Qld Blue Swimmer Crab Fishery will be carried out in accordance with the management regime in force under the Qld Fisheries Regulation 1995 and the Qld Fisheries Act 1994.

Ongoing All operations in the BSCF have been carried out in accordance with the Qld Fisheries Regulation 1995 and the Qld Fisheries Act 1994.

SEWPaC considers that this condition has been met. This condition will continue to apply as a recommendation for a further five years (Recommendation 1, Table 4).

Condition 2: Fisheries Queensland to inform the DEWHA of any intended amendments to the management arrangements that may affect the criteria on which EPBC Act decisions are based.

Ongoing There have been a number of changes to the management arrangements in the BSCF since the last assessment. The then Department of the Environment, Water, Heritage and the Arts (DEWHA) was appropriately informed of all management changes. These changes have included improvements to gear requirements including the use of large visible floats, specifications to the attachment and tagging of apparatus, the use of trot lines for multiple pots and the banning of all use of inverted dillies (witches hats).


Condition 3: Fisheries Queensland to produce and present reports to DEWHA annually as per Appendix B to the ‘Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition’.

Ongoing Fisheries Queensland continues to produce fishery specific reports on an annual basis and provides these to SEWPaC in a timely manner.


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Recommendation 1: Should priority research on shared stocks be identified by fisheries managers, Fisheries Queensland to actively pursue the development of collaborative research with other jurisdictions and agencies and ensure that management arrangements for the Qld Blue Swimmer Crab Fishery continue to take account of the results of research conducted.

Met Fisheries Queensland continues to meet with New South Wales (NSW) Department of Primary Industries on an annual basis to pursue opportunities for collaborative or complementary management and research of shared stocks. Queensland and NSW fisheries managers did not identify research on shared blue swimmer crab stocks as a priority in their 2009 meetings. Fisheries Queensland representatives attended the NSW Resource Assessment Workshop on 11-12 May 2009 and on 12-13 May 2010 and no shared blue swimmer crab stock issues were raised or identified. Fisheries Queensland will continue to consider projects and work with researchers from other jurisdictions whenever possible to manage shared blue swimmer crab stocks.

Fisheries Queensland continues to cooperate with New South Wales and other jurisdictions with regards to research and complementary management for shared stocks. SEWPaC considers that this recommendation has been met.

Recommendation 2: Fisheries Queensland to continue to review mechanisms to validate commercial logbooks in the Qld Blue Swimmer Crab Fishery.

Met, Ongoing Fisheries Queensland has reviewed the mechanisms to validate commercial logbooks. In 2007, a data validation report was completed for the blue swimmer crab sector of the ECOTF. This validation process made comparisons between commercial logbooks, the Fishery Observer Program (FOP) and Vessel Monitoring System data. The results showed a high level of reporting accuracy. Fisheries Queensland continues to review mechanisms to validate commercial logbooks on a regular basis. An initial Compliance Risk Assessment (CRA) was conducted in 2007 and then reviewed in 2010; an activity risk table detailed within both reports identified misreporting by fishers in the BSCF to be low.

Fisheries Queensland has undertaken a number of processes to ensure a high level of accuracy in commercial logbooks with regards to blue swimmer crabs; this is detailed in a data validation report conducted for the ECOTF. This recommendation continues, focusing on a review of the pot sector in Recommendation 5, Table 4.

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Recommendation 3: Within three years, Fisheries Queensland to develop and implement a strategy that determines precautionary estimates of the resource status of blue swimmer crabs in all areas of the fishery, taking into account the overall take of blue swimmer crabs to ensure overall catch levels are sustainable.

Met Fisheries Queensland has recently developed and implemented a stock status reporting framework (a copy of the final report can be found at: http://www.dpi.qld.gov.au/28_16916.htm) which uses defined exploitation criteria to determine the status of a stock using current biological information, independent and dependent monitoring data, and fishery logbook data. In May 2010, a stock status workshop was held to discuss the status of blue swimmer crab stocks. From the information presented, Fisheries Queensland experts and representatives were able to make an assessment of the east coast blue swimmer crab stock and determine an exploitation status. The east coast blue swimmer crab stock was considered to be ‘Sustainably Fished’ under the current management regime considering the relatively stable annual commercial catch levels (by region and for the whole fishery) and the relatively consistent size frequency class distribution data across seven years. Fisheries Queensland is also undertakes fishery independent surveys of blue swimmer crab pre-recruits, which in future may provide predictive information on the potential size of the following year’s adult stock.

Queensland has developed and implemented a stock status reporting framework which assesses the sustainability of blue swimmer crab stocks on an annual basis. SEWPaC therefore considers that this recommendation has been met.

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Recommendation 4: By the end of 2008, Fisheries Queensland to review the Performance Measurement System for the Qld Blue Swimmer Crab Fishery to ensure that bycatch indicators are relevant and are targeted at achieving precautionary management outcomes. Fisheries Queensland to ensure that appropriate information is collected from the fishery to ensure that these indicators can be monitored effectively.

Met In January 2010, Fisheries Queensland conducted a review workshop for the BSCF Performance Measurement System (PMS), following two years of its application in the fishery. Fisheries Queensland considers the current performance indicator for bycatch to be appropriate and suitably precautionary, given the current understanding of bycatch in this fishery. Fisheries Queensland reviews the PMS every three to five years.

Queensland reviews the PMS and ERA for the BSCF on a three to five year cycle. SEWPaC considers that this recommendation has been met.

Recommendation 5: Within two years, Fisheries Queensland to update the Ecological Risk Assessment by including information on the impact on protected species from the commercial sector of the fishery, including the level and effects of ghost fishing by lost or discarded commercial and recreational crab apparatus on protected species. Fisheries Queensland to investigate measures to ensure that issues identified at risk are minimised.

Met, Ongoing In October 2009, Queensland’s Crab Fisheries Ecological Risk Assessment (ERA) was updated to include information on protected species and the effects of ghost fishing by lost or discarded pot apparatus in the BSCF. A thorough investigation was carried out to incorporate all available quantitative data as well as a range of scientific outputs. A number of management changes have been introduced in the fishery including: • The prohibition of inverted dillies which are prone to

being lost and are associated with the entanglement and subsequent mortality of marine animals, particularly turtles.

• The requirement that pots that are not attached to floats be tied to an apparatus that is tagged above the high water mark thus reducing the risk of pot loss.

Fisheries Queensland has undertaken a number of steps to address this recommendation, including updating the ERA to include ghost fishing and improving gear restrictions and requirements to minimise ghost fishing. This recommendation continues in a modified form to reflect the progress already made in Recommendation 4, Table 4.

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• The inclusion of the use of trotlines in the northern waters of Moreton Bay, which attracts the highest amount of effort in the BSCF. Trotlines reduce the number of ropes hanging vertically in the water column and therefore reduces the likelihood of interactions with protected species.

Fisheries Queensland reviews the ERA on a three to five year cycle to ensure that updated data and publications relating to bycatch in the BSCF are incorporated into risk rankings. The ERA for Queensland’s Crab Fisheries will be reviewed in 2011.

Recommendation 6: Within two years, Fisheries Queensland to implement management responses for risks ranked as ‘moderate’ or above in the Qld Blue Swimmer Crab Ecological Risk Assessment.

Met The ERA for the BSCF utilised the risk assessment framework set out in the Commonwealth Scientific and Industrial Research Organisation (CSIRO) report: Ecological Risk Assessment for the Effects of Fishing. Fishing on target species, gear loss and ghost fishing on target, bycatch and protected species, and navigation and steaming were all identified as having a moderate risk. A number of recent changes to management arrangements have addressed these issues including increased gear restrictions and requirements, the introduction of trotlines and the reduction in latent effort indicated in the below response to recommendation 7. The current management arrangements employed in the BSCF are precautionary in nature, ensuring sustainable use of the blue swimmer crab resource.

Fisheries Queensland has implemented a number of management responses to the moderate risks identified in the BSCF ERA. SEWPaC considers that this recommendation has been met.

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Recommendation 7: Fisheries Queensland to actively develop a strategy to remove or substantially reduce the amount of latent effort in the fishery.

Met In July 2008, Fisheries Queensland implemented the Policy for the Removal of Excess Fishing Capacity in Queensland’s Line, Crab, Beam Trawl and Eel Fisheries. The implementation of this policy during 2008–09 has removed a significant number (approximately 40 per cent) of crab (C1) endorsements on licences. The implementation of this policy is considered by Fisheries Queensland to have been very effective in removing a large number latent crab fishery symbols. Fisheries Queensland will continue to monitor the effectiveness of the policy for reducing latent effort in the BSCF.

Fisheries Queensland has reduced the amount of latent effort in the fishery by removing approximately 40 per cent of C1 fishery symbols. SEWPaC therefore considers this recommendation met.

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Table 3: The Department of Sustainability, Environment, Water, Population and Communities (DSEWPaC) assessment of the Queensland (Qld) Blue Swimmer Crab Fishery (BSCF) against the requirements of the EPBC Act related to decisions made under Parts 13 and 13A Please Note – the table below is not a complete or exact representation of the EPBC Act. It is intended as a summary of relevant sections and components of the EPBC Act to provide advice on the fishery in relation to decisions under Parts 13 and 13A. A complete version of the EPBC Act can be found on the SEWPaC website. Part 13

Division 1 Listed threatened species Section 208A Minister may accredit plans or regimes

DSEWPaC assessment of the BSCF

(1) Minister may, by instrument in writing, accredit for the purposes of this Division:

(c) a plan of management, or a policy, regime or any other arrangement, for a fishery that is: i. made by a State or self-governing Territory;

and ii. in force under a law of the State or self-

governing Territory; if satisfied that:

(f) the plan, regime or policy requires persons engaged in fishing under the plan, regime or policy to take all reasonable steps to ensure that members of listed threatened species (other than conservation dependent species) are not killed or injured as a result of the fishing; and

(g) the fishery to which the plan, regime or policy relates

does not, or is not likely to, adversely affect the survival or recovery in nature of the species.

The BSCF will be managed under the Qld Fisheries Act 1994, Fisheries Regulation 2008, and Marine Parks Act 2004. The management regime for the BSCF was first accredited under Part 13 of the EPBC Act in October 2004 and reaccredited in April 2008 following the replacement of the Queensland Fisheries Regulation 1995 with Fisheries Regulation 2008. Changes to the regulation, which took effect in April 2010, prohibit the use of inverted dillies and impose additional gear requirements which reduce the risk of interactions with protected species, especially marine turtles. SEWPaC considers that the management regime for the BSCF takes all reasonable steps to ensure that listed threatened species are not killed or injured. Currently, evidence suggests that the BSCF only has minimal interactions with listed threatened species (including marine turtles). Possible interactions have been further limited by gear restrictions which reduce the likelihood of entanglement and ghost fishing. Therefore, the department considers the current operation of the BSCF is not likely to adversely affect the survival or recovery in nature of any listed threatened species.

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Division 2 Migratory species Section 222A Minister may accredit plans or regimes

SEWPaC assessment of the BSCF





(f) the plan, regime or policy requires persons engaged in fishing under the plan, regime or policy to take all reasonable steps to ensure that members of listed migratory species are not killed or injured as a result of the fishing; and


does not, or is not likely to, adversely affect the conservation status of a listed migratory species or a population of that species.

The BSCF will be managed under the Qld Fisheries Act 1994, Fisheries Regulation 2008, and Marine Parks Act 2004. The management regime for the BSCF was first accredited under Part 13 of the EPBC Act in October 2004 and reaccredited in April 2008 following the replacement of the Queensland Fisheries Regulation 1995 with Fisheries Regulation 2008. Changes to the regulation, which took effect in April 2010, prohibit the use of inverted dillies and impose additional gear requirements which reduce the risk of interactions with protected species, especially marine turtles. SEWPaC considers that the management regime for the BSCF takes all reasonable steps to ensure that listed threatened species are not killed or injured. The submission provided by Fisheries Queensland indicates that there have been minimal or no interactions with migratory species in this fishery. Therefore, SEWPaC considers the current operation of the BSCF is not likely to adversely affect the conservation status of any listed migratory species or a population of that species.

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Division 3 Whales and other cetaceans Section 245 Minister may accredit plans or regimes






(f) the plan, regime or policy requires persons engaged in fishing under the plan, regime or policy to take all reasonable steps to ensure that cetaceans are not killed or injured as a result of the fishing; and


does not, or is not likely to, adversely affect the conservation status of a species of cetacean or a population of that species.

The BSCF will be managed under the Qld Fisheries Act 1994, Fisheries Regulation 2008, and Marine Parks Act 2004. The management regime for the BSCF was first accredited under Part 13 of the EPBC Act in October 2004 and reaccredited in April 2008 following the replacement of the Queensland Fisheries Regulation 1995 with Fisheries Regulation 2008. Changes to the regulation, which took effect in April 2010, prohibit the use of inverted dillies and impose additional gear requirements which reduce the risk of interactions with protected species, especially marine turtles. SEWPaC considers that the management regime for the BSCF takes all reasonable steps to ensure that listed threatened species are not killed or injured. The submission provided by Fisheries Queensland indicates that there have been no interactions with cetaceans in the BSCF. Therefore, SEWPaC considers the current operation of the Qld BSCF is not likely to adversely affect the conservation status of a species of cetacean or a population of that species.

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Division 4 Listed marine species Section 265 Minister may accredit plans or regimes






(f) the plan, regime or policy requires persons engaged in fishing under the plan, regime or policy to take all

reasonable steps to ensure that members of listed marine species are not killed or injured as a result of the fishing; and

(g) the fishery to which the plan, regime or policy relates does not, or is not likely to, adversely affect the conservation status of a listed marine species or a population of that species.

The BSCF will be managed under the Qld Fisheries Act 1994, Fisheries Regulation 2008, and Marine Parks Act 2004. The management regime for the BSCF was first accredited under Part 13 of the EPBC Act in October 2004 and reaccredited in April 2008 following the replacement of the Queensland Fisheries Regulation 1995 with Fisheries Regulation 2008. Changes to the regulation, which took effect in April 2010, prohibit the use of inverted dillies and impose additional gear requirements which reduce the risk of interactions with protected species, especially marine turtles. SEWPaC considers that the management regime for the BSCF takes all reasonable steps to ensure that listed threatened species are not killed or injured. Currently, evidence suggests that the BSCF only has minimal interactions with listed marine species (including sea turtles). Therefore, SEWPaC considers the current operation of the BSCF is not likely to adversely affect the conservation status of a listed marine species or a population of that species.

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Section 303AA Conditions relating to accreditation of regimes and policies

SEWPaC assessment of BSCF

(1) This section applies to an accreditation of a plan, regime or policy under section 208A, 222A, 245 or 265.

SEWPaC recommends that BSCF be accredited under sections 208A, 222A, 245 and 265.

(2) The Minister may accredit a plan, regime or policy under that section even though he or she considers that the plan, regime or policy should be accredited only:

(a) during a particular period; or (b) while certain circumstances exist; or (c) while a certain condition is complied with.

In such a case, the instrument of accreditation is to specify the period, circumstances or condition.

No condition has been imposed on the BSCF to satisfy Part 13.

(7) The Minister must, in writing, revoke an accreditation if he or she is satisfied that a condition of the accreditation has been contravened.

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Part 13A Section 303DC Minister may amend list SEWPaC assessment of the BSCF (1) Minister may, by instrument in published in the Gazette, amend the list referred to in section 303DB (list of exempt native specimens) by:

(a) including items in the list; (b) deleting items from the list; or (c) imposing a condition or restriction to which the inclusion of

a specimen in the list is subject; or (d) varying of revoking a condition or restriction to which the

inclusion of a specimen in the list is subject; or (e) correcting an inaccuracy or updating the name of a species.

(3) Before amending the list referred to in section 303DB (list of exempt native specimens), the Minister:

(a) must consult such other Minister or Ministers as the Minister considers appropriate; and

(b) must consult such other Minister or Ministers of each State and self-governing Territory as the Minster considers appropriate; and

(c) may consult such other persons and organisations as the Minister considers appropriate.

The public comment period on the Fisheries Queensland submission sought comment on the submission for the BSCF and provided sufficient opportunity for consultation with other persons and organisations. A letter to the Minister for Primary Industries, Fisheries and Rural and Regional Queensland advises him of the intention to declare the fishery exempt from the export provisions of the EPBC Act.

(5) A copy of an instrument made under section 303DC is to be made available for inspection on the Internet.

The instrument for the BSCF made under sections 303DC will be gazetted and made available on the SEWPaC website.

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Section 303FR Public consultation SEWPaC assessment of the BSCF (1) Before making a declaration under section 303FN, the Minister must cause to be published on the Internet a notice:

(a) setting out the proposal to make the declaration; and (b) setting out sufficient information to enable persons and

organisations to consider adequately the merits of the proposal; and

(c) inviting persons and organisations to give the Minister, within the period specified in the notice, written comments about the proposal.

Under the EPBC Act, a decision to amend the List of Exempt Native Specimens (LENS) does not require a public consultation period. However, a public notice, which set out the proposal to grant export approval to the BSCF and included the submission for the BSCF, was released for public comment on 28 June 2010 and closed on 2 August 2010 with one submission received.

(2) A period specified in the notice must not be shorter than 20 business days after the date on which the notice was published on the Internet.

A public notice, which set out the proposal to grant export approval to the BSCF and included the submission for the BSCF was released for public comment on 28 June 2010 and closed on 2 August 2010, a total of 26 business days.

(3) In making a decision about whether to make a declaration under section 303FN, the Minister must consider any comments about the proposal to make the declaration that were given in response to the invitation in the notice.

The public comment received on the submission was included in the brief to the Delegate of the Minister for Sustainability Environment Water Population and Communities. The SEWPaC assessment has considered the public comment received on the submission.

Part 16 Section 391 Minister must consider precautionary principle in making decisions


(1) The Minister must take account of the precautionary principle in making a decision under section 303DC and/or section 303FN, to the extent he or she can do so consistently with the other provisions of this Act.

The precautionary principle has been considered when making a decision to include specimens on the LENS.

(2) The precautionary principle is that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage.

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Objects of Part 13A (a) to ensure that Australia complies with its obligations under CITES2 and the Biodiversity Convention; (b) to protect wildlife that may be adversely affected by trade; (c) to promote the conservation of biodiversity in Australia and other countries; (d) to ensure that any commercial utilisation of Australian native wildlife for the purposes of export is managed in an ecologically

sustainable way; (e) to promote the humane treatment of wildlife; (f) to ensure ethical conduct during any research associated with the utilisation of wildlife; and (h) to ensure the precautionary principle is taken into account in making decisions relating to the utilisation of wildlife.

2 Convention on the International Trade in Endangered Species of Wild Fauna and Flora

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Final recommendations to Fisheries Queensland for the Blue Swimmer Crab Fishery (BSCF) The material submitted by Fisheries Queensland indicates that the BSCF operates in accordance with the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries 2nd edition. SEWPaC considers that the fishery is well managed and unlikely to have an unacceptable or unsustainable impact on the environment in the short to mid term. Overall, SEWPaC recognises that the management arrangements, including: limited entry, gear specifications and restrictions and prohibition on harvesting female or undersized male crabs, are conservative and suggest that the fishery is being managed in an ecologically sustainable way. In making its assessment, SEWPaC considers that the range of management measures are sufficient to ensure that the fishery is conducted in a manner that does not lead to overfishing and that stocks are not currently overfished. Taking into account the management arrangements that minimise impact on the target species, for example the prohibition on harvesting female or undersized male crabs, gear restrictions and the relatively benign fishing methods employed, SEWPaC considers that fishing operations are managed to minimise their impact on the structure, productivity, function and biological diversity of the ecosystem. Previously identified risks to the sustainability of the BSCF have been addressed by Fisheries Queensland in a timely manner. SEWPaC is confident that Fisheries Queensland will continue to provide this high quality management. SEWPaC is satisfied that the fishery will not be detrimental to the survival or conservation status of the taxon to which it relates in the short term. Similarly, it is not likely to threaten any relevant ecosystem in the short term. To contain and minimise the risks in the longer term the recommendations listed below have been made. SEWPaC believes that product taken in the fishery should be exempt from the export controls of Part 13A of the EPBC Act, with that exemption to be reviewed in 5 years. SEWPaC considers that the operation of the fishery does not, or is not likely to, adversely affect the survival in nature of a listed threatened species or population of that species, or the conservation status of a listed migratory species, cetacean or listed marine species or a population of any of those species. SEWPaC also considers that under the management regime operators are required to take all reasonable steps to avoid the killing or injuring of protected species, and the level of interactions under current fishing operations is low. The management regime for the BSCF was first accredited under Part 13 of the EPBC Act in October 2004 and further accredited in April 2008. Since the last assessment, changes have been made to the management regime, including the prohibition of the use of inverted dillies (witches hats) and other additional gear requirements. This has contributed to a significant reduction in protected species interactions in the fishery, particularly with marine turtles. SEWPaC therefore believes that it is appropriate to reaccredit the management regime for the fishery under Part 13 of the EPBC Act. Recommendations are provided below with a brief explanation of the related issue/intent. Unless a specific time frame is provided in the recommendation each recommendation must be addressed within the life of the exemption (5 years).

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Table 4: BSCF Assessment– Summary of Issues, Conditions and Recommendations, September, 2010 Issue Recommendation 1 General Management

Export decisions relate to the arrangements in force at the time of the decision. In order to ensure that these decisions remain valid and export approval continues uninterrupted, the Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) needs to be advised of any changes that are made to the management regime and make an assessment that the new arrangements are equivalent or better, in terms of ecological sustainability, than those in place at the time of the original decision. This includes operational and legislated amendments that may affect sustainability of the target species or negatively impact on by-product, bycatch, protected species or the ecosystem.

Recommendation 1 Operation of the BSCF will be carried out in accordance with the Queensland Fisheries Act 1994, Fisheries Regulation 2008, and Marine Parks Act 2004. Recommendation 2 Fisheries Queensland to inform the Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) of any intended amendments to the management arrangements that may affect the criteria on which EPBC Act decisions are based.

2 Annual Reporting It is important that reports be produced and presented to SEWPaC annually in order for the performance of the fishery and progress in implementing the conditions and recommendations in this report and other managerial commitments to be monitored and assessed throughout the life of the declaration. Annual reports should include: a description of the fishery; management arrangements in place; research and monitoring outcomes, recent catch data for all sectors of the fishery, status of target stock, interactions with protected species, impacts of the fishery on the ecosystem in which it operates, and information outlining progress in implementing recommendations resulting from the previous accreditation of the fishery (for a complete description of annual reporting requirements, see Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries 2nd Edition (the Guidelines) available from the SEWPaC website at http://www.environment.gov.au/coasts/fisheries/publications/guidelines.html).

Recommendation 3 Fisheries Queensland to produce and present reports to SEWPaC annually as per Appendix B to the Guidelines for the Ecologically Sustainable Management of Fisheries 2nd Edition.

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3 Ghost Fishing and Protected Species A survey in 2003 indicated that fishers were losing an average of 35 pots each per year equating to 9100 lost pots per year. A more recent study by Campbell and Sumpton (2009) estimated that the numbers of pots lost ranged from approximately 1000 to 6000 per year (the higher number assumes that all lost pots remain in the environment) for the BSCF. This indicates that Fisheries Queensland has achieved a significant reduction, by at least 3000 pots per year, in lost apparatus since the 2003 survey. When lost, the crab pots currently in use (polyethylene trawl mesh on frames) in the BSCF continue to potentially ghost fish for 5–10 years as the nature of the synthetic material leads to little degradation over time (Campbell and Sumpton, 2009). Campbell and Sumpton also indicate that each lost pot catches an average of 15 crabs per annum. Fisheries Queensland has recently undertaken a number of steps to minimise pot loss, including introducing surface floats and tagging of pots. In 2010 Fisheries Queensland also prohibited the use of inverted dillies (witches hats) which were prone to being lost. Additionally, most fishers now incorporate rubber into the construction of their pot funnels which allows faster degradation of the primary retention mechanism of the pot. A number of commercial fishers have also adopted an industry developed Fishery Action Plan for Moreton Bay. This includes the adoption of modified gear such as the use of rubber bands on pot draw strings, reducing the functional life span of the pot to a few months and hence reducing ghost fishing capacity. Other options for biodegradable parts include (but are not limited to) the use of thin mild steel support mechanisms for the entrance funnel structure and biodegradable mesh panels. These methods have been shown to reduce the effective catching lifespan of pots in the environment to between 1 and 12 months, as opposed to 5 to 10 years. SEWPaC considers that a wider implementation of these components across the BSCF would greatly improve the sustainability of the fishery and provide more certainty in estimates of fishing mortality.

Recommendation 4 Fisheries Queensland to: a) review management arrangements to further reduce

ghost fishing within the BSCF; and b) continue to develop and encourage the use of

protected species friendly gear in the BSCF; and c) report to SEWPaC, as part of the annual report, on

the level of uptake of biodegradable materials and protected species friendly gear by fishers. If uptake is low then consideration to be given to introducing appropriate management actions.

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Additionally, in the past the BSCF has been associated with interactions with marine turtles, particularly in relation to the recreational sector’s use of rectangular pots. All reported interactions with pots in the commercial fishery since the introduction of the Species of Conservation Interest (SOCI) logbook in 2003 have demonstrated that turtles are being released alive. Fisheries Queensland has taken a proactive approach to minimising turtle interactions, including the prohibition of inverted dillies which were particularly prone to turtle entanglements, the introduction of trotlines in Moreton Bay and the above mentioned anti-ghost fishing actions. Fisheries Queensland has also implemented an educational ‘responsible crabbing’ campaign which includes approaching wholesalers and importers encouraging them to adopt a minimum standard for pots they sell. SEWPaC commends Fisheries Queensland on their actions so far and recommends that they continue taking actions to promote the use of protected species friendly pots to ensure they are used throughout the fishery.

4 Data Validation According to the Guidelines, there should be a reliable information collection system in place appropriate to the scale of the fishery. The level of data collection should be based upon an appropriate mix of fishery independent and dependent research and monitoring. To undertake a robust assessment of stock status of a target species and avoid overfishing, data collection must be accurate. In 2007 Fisheries Queensland undertook a data validation report for the component of the East Coast Otter Trawl Fishery (ECOTF) taking blue swimmer crabs and found a high level of reporting accuracy. In 2007 Fisheries Queensland also undertook a compliance risk assessment which found the risk of misreporting in the BSCF was low. Fisheries Queensland has also indicated that a compliance risk assessment review is planned for later in 2010. SEWPaC recommends that this review occurs and that a data validation report be compiled for the blue swimmer crab pot sector.

Recommendation 5 Fisheries Queensland to continue to review mechanisms to validate commercial logbook data for blue swimmer crabs focusing on the logbook returns of the pot sector.

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5 Recreational and Indigenous Fishing According to the Guidelines, reliable estimates of all removals, including recreational and Indigenous sectors should be factored into stock assessments and target species catch allocations. Fisheries Queensland last undertook a recreational survey in 2005. Using these results it is estimated that recreational fishers take an estimated 18 per cent of the annual catch of blue swimmer crabs; approximately 157 tonnes (t). To ensure that estimates remain reliable, recreational fishing surveys should be conducted at regular intervals to track changing fishing trends. Fisheries Queensland has indicated that it will be undertaking a new recreational fishing survey in 2010. SEWPaC supports this initiative and recommends that the results be used when assessing stock status in the BSCF, and be taken into account when undertaking the annual review of performance measures in the fishery. SEWPaC requests that Fisheries Queensland provide SEWPaC with a copy of the results of the recreational survey once completed. Indigenous fishing makes up a very small percentage of the annual take of blue swimmer crabs with only an estimated 0.3 t landed in 2001. As it has been close to ten years since the last Indigenous survey, SEWPaC recommends that Fisheries Queensland undertake a risk analysis of Indigenous fishing on blue swimmer crab stocks. Fisheries Queensland should consider the need for a new survey of Indigenous fishing of blue swimmer crabs based on the risk assessment results.

Recommendation 6 Fisheries Queensland to: a) By September 2012 complete a survey of recreational

fishers regarding blue swimmer crabs and incorporate the results into the management regime of the fishery.

b) By September 2013 undertake a risk analysis of

Indigenous fishing to blue swimmer crab stocks. Should the analyses identify a risk, undertake a new survey of Indigenous fishing for blue swimmer crabs to quantify the level of take.

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References Campbell, M.J. & Sumpton, W.D. 2009, Ghost fishing in the pot fishery for blue swimmer crabs Portunus pelagicus in Queensland, Australia, Fisheries Research, vol.95, pp. 246-253. Acronyms BSCF Blue Swimmer Crab Fishery

CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora

cm Centimetre

CRA Compliance Risk Assessment

CSIRO Commonwealth Scientific and Industrial Research Organisation

DEWHA Department of the Environment, Water, Heritage and the Arts

ECOTF East Coast Otter Trawl Fishery

EPBC Act Environment Protection and Biodiversity Conservation Act 1999

ERA Ecological Risk Assessment

FOP Fishery Observer Program

GBRMP Great Barrier Reef Marine Park

GBRWHA Great Barrier Reef World Heritage Area

LENS List of Exempt Native Specimens

NSW New South Wales

PMS Performance Measurement System

SEWPaC Department of Sustainability, Environment, Water, Population and Communities

SOCI Species of Conservation Interest

t Tonnes

Qld Queensland

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