Ocean Trawl Fishery EIS - Volume 3 · PDF filethe ocean trawl fishery ... john barry davies &...

Volume 3

Appendices

This is the third of four volumes

of the

Environmental Impact Statement

on the

Ocean Trawl Fishery

ii Environmental Impact Statement on the Ocean Trawl Fishery

Public Consultation Document, July 2004

Note: The NSW Department of Primary Industries, incorporating NSW

Fisheries, was established on 1 July 2004. Any reference in this

document to NSW Fisheries is a reference to the NSW Department of

Primary Industries.

Environmental Impact Statement on the Ocean Trawl Fishery iii


Table of Contents

APPENDIX A1 ..................................................................................................................... 5Proponents in the Ocean Trawl Fishery as at 9 June 2004 ...................................................................... 6

APPENDIX A2 ................................................................................................................... 15PlanningNSW guidelines ........................................................................................................................ 15

APPENDIX B1.................................................................................................................... 45Appendix B1.1 Bycatch Reduction Devices used in OTF..................................................................... 46

Appendix B1.2 Vessel Capacity Rules................................................................................................... 58

APPENDIX B2.................................................................................................................... 61Appendix B2.1 Summary of biological characteristics of used to determine resilience for primary,

key secondary and secondary species of the OTF......................................................................... 62

Appendix B2.2 Decision rules for determining resilience for primary, key secondary and secondary

species of the OTF.......................................................................................................................... 70

Appendix B2.3 Summary of fishery impact factors of used to determine the fishery impact profile

for primary, key secondary and secondary species of the OTF.................................................... 71

Appendix B2.4 Decision rules for determining fishery impact profile for primary, key secondary

and secondary species of the OTF ................................................................................................. 76

Appendix B2.5 Stock assessment classes proposed to be used in determining stock assessments of

primary, key secondary and secondary species of the OTF.......................................................... 77

Appendix B2.6 List of non-commerncial species caught by fishery independent surveys using ocean

fish and prawn trawl gear............................................................................................................... 78

Appendix B2.7 Risk Assessment of non-commercial species of the OTF ) ......................................... 85

Appendix B2.8 Detailed information supporting risk assessment for threatened species.................... 89

Appendix B2.9 Determination of risk averse and risk prone characteristics for habitats affected by

the Ocean Trawl Fishery .............................................................................................................. 165

APPENDIX D ................................................................................................................... 167Appendix D1 Implementation table for the Ocean Trawl Fishery Management Strategy ................. 168

Appendix D2 Supporting Policy for Ocean Trawl Bycatch Reduction and Prawn Yields ................ 181

Appendix D3 Arrangements for trawling in waters south of Barrenjoey Point (and within 3 nautical

miles) 185

Appendix D4 Relative catches of Primary and Key Secondary Species by Ocean Trawl Fishery

Sector 187

Appendix D5 Arrangements relating to the management of trawling for school whiting.................. 189

Appendix D6 Using changes in commercial landings as an indicator of stock status........................ 191

Appendix D7 Species Synopses for the Primary and Key Secondary Species................................... 195

Appendix A1 5


APPENDIX A1

6 Environmental Impact Statement on the Ocean Trawl Fishery


Proponents in the Ocean Trawl Fishery as at 9 June 2004

Given names / company name Surname Address Town Postcode

Carmelo John AIELLO 98 COX'S ROAD NORTH RYDE 2113

DAVID COLIN CHAFFEY & AILEEN MARGARET CHAFFEY 399 SANDY BAY ROAD HOBART 7005

Kevin George ALECKSON 1 ANSON AVENUE EVANS HEAD 2473

Robert Brian ALECKSON 13 CASHMORE STREET EVANS HEAD 2473

Steven Wayne ALEXANDER 14 IDA STREET MAYFIELD 2304

William Glen ALEXANDER 170 SOMERSET DRIVE THORNTON 2322

Gary John ALLEN 40 HEATH STREET EVANS HEAD 2473

CHARLES E., PHYLLIS I. & PAUL R. ANDERSEN 27 JOHN SHARPE ST EAST BALLINA 2478

David Peter ANDERSON 25 McPHEE ST MACLEAN 2463

Peter David ANDERSON 38 STANLEY STREET MACLEAN 2463

Shane Alan ANDERSON 27 THE MAINBRACE YAMBA 2464

IRONNET PTY LTD & ANDRE SCHOEMAN P O BOX 558 EDEN 2551

GEORGE CHRISTOFORIDIS & ANDREW CHRISTOFORIDIS 37 MIDDLE STREET MARRICKVILLE 2204

ANTHONY JOHN SPEIRS & ANN ELIZABETH SPEIRS 64 QUEEN STREET ILUKA 2466

ROBERT JAMES BURNES & ANNTOINETTE CHERIE BURNES PO BOX 579 MOOLOOLABA QLD 4557

VINCENZO IANNI & ANTONIO IANNI 11 JAMES ROAD CORRIMAL 2518

CHERIE K FLEET PTY LTD ATF CHERIE K UNIT TRUST PO BOX 6333 COFFS HARBOUR 2450

MUTTONBIRD ENTERPRISES PL ATF MUTTON BIRD TRAWLING 14 GREENLINKS AVENUE COFFS HARBOUR 2450

DAVID JOHN & TANIA CHERIE ATKINS PO BOX 723 WOOLGOOLGA 2456

SALVATORE,LUCIA,VINCENZO & ANTHONY BAGNATO 4 SEALE ST LEICHHARDT 2040

Domenico BAGNATO 610/261 HARRIS STREET PYRMONT 2009

Paul Vince BAGNATO 97b VICTOR ROAD DEE WHY 2099

PAUL, RICHARD & ROSS BAGNATO 6 MYRTLE STREET LEICHHARDT 2040

Max Edward BALL 548 ROBERTS CREEK ROAD VIA BRUSHGROVE 2460

Matthew Phillip Norman BARBER 7 HAWKS NEST PLACE BATEMANS BAY 2536

Robin Gary BARNES LOT 4 SADDLE ROAD MULLUMBIMBY 2482

Jeffrey Alan BARTLETT 25 MICALO STREET ILUKA 2466

JOE, TONY & SANTO BATTAGLIOLO 80 GOLDEN WATTLE DRIVE ULLADULLA 2539

John BELL 22 BELLEVUE PLACE EDEN 2551

Peter BELL 17 ADELAIDE STREET GREENWELL POINT 2540

Stephen Matthew BLESSINGTON 8162 PACIFIC HWY URUNGA 2455

GUISSEPE, GRAZIA, MARIO, BOBBY & AUGUSTINO PUGLISI PO BOX 647 ULLADULLA 2539

Craig Maxwell BOLAND 81 URANA ROAD YARRAWARRAH 2233

Kent Graham BOLLINGER 165 MACQUARIE STREET MEREWETHER 2291

David John BOYLE 8 HOGAN STREET ILUKA 2466

Christopher Roy BRADFORD 7 BRUCE FIELD STREET SOUTH WEST ROCKS 2431

John Bernard BRADLEY 9 YEOVIL COURT ALEXANDRA HILLS QLD 4161

Appendix A1 7


Proponents in the Ocean Trawl Fishery as at 9 June 2004 (cont)


Warren Ernest BRANDES 35 TASMAN STREET BATEMANS BAY 2536

Peter Christopher BULL 20 TIMBARA CRESCENT BATEMANS BAY 2536

Warren Edward BURNES 35 HOGAN STREET HARRINGTON 2427

Brian Patrick CAMPBELL 112 JUBILEE STREET TOWNSEND 2463

IVO SKOLJAREV & CAROLE RUTH SKOLJAREV 45 THURLOW AVENUE NELSON BAY 2315

Grant Francis CASEY 190 GREGORY ST SOUTH WEST ROCKS 2431

Mark Steven CASEY 97 SPENCERS CRK RD SOUTH WEST ROCKS 2431

Barry John CASON 22 BALLANDA CRESCENT ILUKA 2466

Wayne Rexley CASON PO BOX 68 CHATSWORTH ISLAND 2469

Shane Alexander CASTLE 4 SMITH DRIVE BALLINA 2478

DAVID PATANE & CATHY-ANNE PATANE 31 ANGELO AVENUE RUNAWAY BAY QLD 4216

James Richard CAVALLO 4 CAVE STREET ILUKA 2466

Stuart Gordon CHASE 90 BOHNOCK ROAD BOHNOCK 2430

Alfred George CHILD P.O. BOX 34 MACLEAN 2463

Lance Stanley COLLINS 19 LAKE COURT URUNGA 2455

Gary John COLLIS 7 MICALO STREET ILUKA 2466

Stephan James CORFE 54 BALLANDA CRESENT ILUKA 2466

Garry Rowan COULTER P O BOX 408 YAMBA 2464

Michael John COULTER 38 SWANSEA STREET SWANSEA 2281

DAVID JOHN & JULIE ANN COULTER 177 YAMBA ROAD YAMBA 2464

Jeffrey Michael CRANNY 5 PARK STREET ILARWILL 2463

William Phillip CROAD 31 WOOLI STREET YAMBA 2464

John CROMIE 18 GUY AVENUE FORSTER 2428

Ernest Samuel CROSS (SNR) 41 GEORGE STREET TIGHES HILL 2297

ALLAN LESLIE & CYNTHIA MAY BODYCOTE 60 ASHBY ISLAND ROAD ASHBY 2463

RACOVOLIS AUSTRALIA P/L & DAVID & LEANNE BRADBURY 8 BY STREET EDEN 2551

Joe DIMENTO 2/19 GORDON STREET PETERSHAM 2049

Tan Luc DO 85 DECORA CRES WARABROOK 2304

Bruce Arthur DORRELL 43 WOODBURN STREET EVANS HEAD 2473

estate of DOUGLAS EARLE LAWS C/- STEVEN SCOTT, COOPER STREET SOUTH WEST ROCKS 2431

Graham William DUFF 3 FOREST WAY WOOMBAH 2469

Peter John DWYER 10 ENDEAVOUR STREET YAMBA 2464

Eric Peter EATHER 57 BARNEY STREET KIAMA 2533

CLIFFORD JAMES ELFORD & GREGORY WAYNE ELFORD 33 NORTH SHORE DRIVE PORT MACQUARIE 2444

Clifford James ELFORD 33 NORTH SHORE DRIVE PORT MACQUARIE 2444





EMIL LUKA HROPIC & ESMAY PATRICIA HROPIC 140 BEACH ROAD BATEMANS BAY 2536

MICHAEL NEIL KELLY & ESTATE OF NEIL JOHN KELLY 8 YULE STREET EDEN 2551

Christopher EVERSON 15 FOREST WAY WOOMBAH 2469

Stephen John EVERSON 591 NORTHBANK RD PALMERS ISLAND 2463

F. COSTA, B. COSTA, F. PUGLISI & M. PUGLISI C/- 79 DEERING STREET ULLADULLA 2539

Mark John FARMER PO BOX 261 EDEN 2551

Gordon William FARRELL 41 RIVERVIEW STREET ILUKA 2466

Bryon John FINCH (SNR) 79 EGGLETON STREET BLACKTOWN 2148

GARY JOHN LOVE & FIONA CATHERINE KING P O BOX 705 BUDDINA 4575

Noel FLEMING 13 BURNS POINT FERRY ROAD BALLINA 2478

David Alan FORBES P O BOX 909 TWEED HEADS 2485

Alan Edwin FORD 6 MORVEN STREET MACLEAN 2463

Wayne FORSTER P.O. BOX 80 WOODBURN 2472

Roger Michael FOURTER P.O. BOX 633 EDEN 2551

JOHN BARRY DAVIES & GARRY JOHN MORGAN 395 BEACH ROAD EVANS HEAD 2473

GLENN DAVID PIGGOTT & GARRY STUART PIGGOTT 28 DUNN PLACE RAYMOND TERRACE 2324

Slaven GAUTA 46 GALOOLA DRIVE NELSON BAY 2315

REGINALD JAMES PARKER & GEOFFREY GRINDLEY 17 LIKELY STREET FORSTER 2428

RAYMOND FRANCIS TAYLOR & GEORGE PAIN RMB 743 GAN GAN RD ANNA BAY 2316

Andrew John GILBERT C/O POST OFFICE KARANGI 2450

Ronald John GODBEE 36A BOOYUN ST BRUNSWICK HEADS 2483

Noel Albert GOGERLY 39 BENT STREET TUNCURRY 2428

John Edward GRAY 30 CHURCH STREET GREENWELL POINT 2540

Kevin James GRAY 43 COMARONG STREET GREENWELL POINT 2540

Laurence John GRIFFIS 2 ACACIA STREET TWEED HEADS SOUTH 2486

Robert Andrew GRIGG 503 SUMMER ISLAND ROAD SMITHTOWN 2440

Paul Raymond GRUNSELL 60 ATHERTON CLOSE RANKIN PARK 2287

Gerald HAGELSTEIN P.O. BOX J242 COFFS HARBOUR JETTY 2450

Murray Alexander HAM 30 ABUNDANCE RD MEDOWIE 2318

Oleh Volodimyr HARASYMIW 1/17 KENSINGTON ROAD SOUTH YARRA VIC 3141

Allan Richard HARGRAVES 23 MELITTAS AVENUE COFFS HARBOUR 2450

Benjamin Lindsay HAY 2 MERINO ROAD NORAVILLE 2263

Andrew Ian HAYWARD 160 YAMBA ROAD YAMBA 2464

Phillip John HAYWARD 14 COOK ST YAMBA 2464

Garrie Thomas HENNESS 19 CLANCY STREET PADSTOW HEIGHTS 2211

Thang Hiep HO 4 ROBERT CIRCUIT NEW LAMBTON 2305

Appendix A1 9




Terrance Joseph HORAN PO BOX 112 NANA GLEN 2450

Peter John HUMPHREYS 86 RILEYS HILL ROAD BROADWATER 2472

RAY PATRICK & PAMELA MARY HUXLEY 80 CENTRAL BUCCA ROAD CENTRAL BUCCA 2450

SHANE PATRICK & CHRISTINE HUXLEY 2 SUGAR MILL ROAD MOONEE 2450

Kenneth Bruce HYNES 31 MINAMURRA DRIVE HARRINGTON 2427

Antonio IANNI 49 CHARLES STREET LEICHHARDT 2040

Benjamin INNES 108 CULLENDULLA DRIVE BATEMANS BAY 2536

Neil Anthony INNES 57 CULLENDALLA DRIVE BATEMANS BAY 2536

D R LAVALLE, R LAGANA, J LAGANA, P LAGANA PO BOX 195 BERMAGUI 2546

Ian Edward JAMES 85 SHOWGROUND ROAD NARARA 2250

MICHAEL JOHN & JANNETTE AILEENE PUGLISI P.O. BOX 3 ULLADULLA 2539

Marina JARICK 3/8 BUCHAN AVENUE TWEED HEADS 2485

John Charles JARRETT 26 BOOYONG ST EVANS HEAD 2473

WILLIAM LYLE LITCHFIELD & JENNIFER ANNE LITCHFIELD 87 PACIFIC HIGHWAY BROADWATER 2472

GRAEME LESLEIGH & JENNIFER ANNE WILLIAMS 292 JAMES CREEK RD via MACLEAN 2463

IVAN PETER HROPIC & JERRY PETER HROPIC 140 BEACH ROAD BATEMANS BAY 2536

Garry Glen JOBLIN 2 BONITO PLACE BALLINA 2478

Allan John JOHNSON 28 CENTRAL AVENUE MACLEAN 2463

Desmond Charles JOHNSON 13 JAMIESON STREET MACLEAN 2463

Gary Charles JOHNSON PUMPKIN CREEK VIA SPENCER 2775

Geoffrey Brian JOHNSON 640 NORTH BANK ROAD PALMERS CHANNEL 2463

Ross Desmond JOHNSON 13 JAMIESON STREET MACLEAN 2463

Tony Allan JOHNSON 147 GOLF LINKS ROAD WOODFORD ISLAND 2463

PHILLIP JAMES WARD & KARON LEE WARD 64 McALPINE WAY BOAMBEE WEST 2452

GRAHAM OSWALD BURNES & KATHLEEN MAREE BURNES 31 PACIFIC DRIVE CROWDY HEAD 2427

ROD NAPIER & KEN NAPIER 70 HOLDOM ROAD KARUAH 2324

NEVIO TONI & ANTE KERO 75 GOVERNMENT ROAD NELSON BAY 2315

Keith KERR 26 MICALO STREET ILUKA 2466

Russell Allan KERR PO BOX 362J COFFS HARBOUR JETTY 2450

DAVID JOHN SMITH & KIM MAREE SMITH 2 TOM THUMB PLACE YAMBA 2464

TREVOR L, SANDRA K, WAYNE & FAY L KLEINSCHMIDT LOT 3 KLEINSCHMIDT ROAD WOONGOOLBA via BEENLEIGH 4207

DIETRICH ULRICH WEYER & KRISHNAVENI CHETTY 25 WALLSEND ROAD SANDGATE 2304

John Desmond KURZ 78 CHARLES STREET ILUKA 2466

TIBOR MATEJICKA AND KYM MAREE JEFFERY PO BOX 141 TWEED HEADS 2485

JOSEPH FRANK, ANTONIO, CARMELLO, ROCCO LAVALLE 61 PARSONS STREET ULLADULLA 2539





Max Raymond LEESON 33 OWEN STREET ILUKA 2466

PETAR SKOLJAREV & LEO LUKIN 59 GALOOLA DRIVE NELSON BAY 2315

Paul Andrew LEONARD 40 BRISBANE STREET GOONDIWINDI 4390

JAMES A. RUTHERFORD (JNR) & LORRAINE J. RUTHERFORD 4 WESTRINGIA PLACE YAMBA 2464

Quoc Tuan LUC 11 OLEARIA CIRCUIT WARABROOK 2304

MICHAEL D'LECKI & LUCYNA DLUGOLECKI 84 OXFORD STREET WOOLLAHRA 2025

JOHN RAYMOND BAKER & LYNETTE KAY BAKER 24 HAMILTON CLOSE MOOLOOLAH 4553

Pieter Marius MacHUNTER P.O. BOX 78 WOODBURN 2472

Robert John MACLEOD 58 ARRAWARRA ROAD MULLAWAY 2456

Brian Russell MADDALENA 6 DEBORAH ST CROWDY HEAD 2427

JOHN L. LEWTHWAITE & MARGARET LEWTHWAITE 32 NAPLES ROAD MENTONE 3194

CRAIG BROTHERSTON & MARIA BROTHERSTON 236 KARAWATHA DRIVE BUDERIM 4556

WILLIAM JACOBUS & MARIE LESLIE MEYER 77 MELALEUCA DRIVE YAMBA 2464

Tony MASON 49 MAITLAND ROAD HEXHAM 2322

PASKO, VIDA & BRANKO MATKOVIC 5 BONITO STREET CORLETTE 2315

LARRY EDWARD NEWTON & MAX RAYMOND LEESON 31 HAMMOND STREET ILUKA 2466

Raymond William MCINERNEY 42 CHERRY STREET EVANS HEAD 2473

James Joseph McKEOWN 49 REID DRIVE COFFS HARBOUR 2450

BRAD AND TED MCLEAY 53 PARKES STREET NELSON BAY 2315

James MCLELLAN 104 SPENCER STREET ILUKA 2466

Anthony Ian MCNALLY 40 CEDAR STREET EVANS HEAD 2473

Colin MCNEICE P O BOX 305 KYOGLE 2474

Graham John McPHERSON 20 COOK STREET YAMBA 2464

William Jacobus MEYER 77 MELALEUCA DRIVE YAMBA 2464

Leslie James MEYERS 9 AGER STREET YAMBA 2464

PETER JAMES PACKMAN & MICHAEL VINCENT DWYER PO BOX 2392 BUNDABERG 4670

Miro MILANJA 4 CHARTHOUSE AVENUE CORLETTE 2315

Stephen Roy MONCRIEFF 285 MITCHELL STREET STOCKTON 2295

Harry MOODY PO BOX 9 KENDALL 2439

Graeme Edmond MURISON 80 OLD MILL LANE CLYBUCCA 2440

Kevin Daniel MURPHY 19 YAMBA STREET PALMERS ISLAND 2463

Antonio MUSUMECI 11 HAMILTON STREET FAIRY MEADOW 2519

Ferdinando MUSUMECI 62 ST VINCENT STREET ULLADULLA 2539

VINCENZO,LUCIA & ROCCO MUSUMECI 170 MT KEIRA ROAD MOUNT KEIRA 2500

Nhu Luu NGUYEN 46 CARRINGTON STREET MAYFIELD 2304

Thanh Hung NGUYEN 68 CREBERT STREET MAYFIELD 2304

Appendix A1 11




Van Ba NGUYEN 20 KITCHENER PDE MAYFIELD 2304

Van Doi NGUYEN 36 DECORA CRESCENT WARABROOK 2304

Van Son NGUYEN 6 MCNEILL CLOSE MAYFIELD EAST 2304

Van Tan NGUYEN 329 MAITLAND ROAD MAYFIELD 2304

Van Tong NGUYEN 7 JUPITER STREET LANSVALE 2166

Van Tuyet NGUYEN 25 SOUTHON STREET MAYFIELD 2304

FERGUS JAMES LIDDLE & NICOLE MAREE LIDDLE PO BOX 418 COOLUM BEACH 4573

Peter William Frank OFFNER 212 PATANGA STREET KINCUMBER 2251

Yaroslav OPALNIUK 157 GOLFLINKS ROAD MACLEAN 2463

Darryl Leslie ORR 1 WOODFORD STREET BRUSHGROVE 2460

Jeffrey Arthur Bruce OUTRAM 6 OAK STREET INNISFAIL QLD 4860

Gregory James PARKER 17 LIKELY STREET FORSTER 2428

Michael William PATTERSON P.O. BOX 27 ILUKA 2466

RAYMOND HOLBERT & PAUL HOLBERT 21 SYLVAN AVENUE MEDOWIE 2318

Steven PERESE 56 HIGHVIEW DRIVE DOLPHIN POINT VIA BURRILL LAKE 2539

Ian Alston PERRY 16 EMERALD HEIGHTS DRIVE EMERALD BEACH 2456

John Alston PERRY 23 FLORIDA AVENUE WOY WOY 2256

JOHN IAN & LISA MAREE PETERIE LOT 2, MACAULEY STREET ASHBY 2463

Mark Neil PETERSON 35 PATONGA STREET PATONGA 2256

Allan John PICKFORD 441 CORALVILLE ROAD MOORLAND 2443

Peter John PICTON 52 McLACHLAN STREET MACLEAN 2463

Kenneth John PILE 26 LIMOSA ROAD TWEED HEADS WEST 2485

Rocco PIRRELLO PO BOX 793 ULLADULLA 2539

Francesco PIRRELLO (JNR) 117 NORTH STREET ULLADULLA 2539

K KERR,DC KERR,MK KERR, WM KERR PM KERR, SD KERR 26 MICALO ST ILUKA 2466

Heather Jean POOLE 6 WHARF STREET LAURIETON 2443

Ronald James PRINDABLE 54 RIVERVIEW STREET ILUKA 2466

A.S.P. HOLDINGS PTY LTD 17E QUAY STREET BUNDABERG QLD 4670

ALLTUNA FISHERIES PTY LTD PTY LTD UNIT 11 'BONDOOLA', 82-86 RIVER ESP MOOLOOLABA 4557

ANNA E FISHERIES PTY LTD PO BOX 488 NELSON BAY 2315

BAGNATO HOLDINGS PTY LTD C/- 14 ELIZABETH ST FIVE DOCK 2046

BARROMON PTY LTD 5 BIRRIMAL CLOSE ILUKA 2466

BARUNDI PTY LTD P O BOX 191 EDEN 2551

BLUE WATERS RESOURCES PTY LTD P.O. BOX 115 SANS SOUCI 2219

CHARISSA PTY LTD PO BOX 647 ULLADULLA 2539

COOMBELL STAR PTY LTD 28 BOTTLEBRUSH CRESCENT EVANS HEAD 2473





CRAIG'S ENTERPRISES PTY LTD 54 SHERIDAN AVE ADAMSTOWN HEIGHTS 2289

DESTOUNIS FISHING PTY LTD PO BOX 796 GISBORNE, NEW ZEALAND 9999

EFEL HOLDINGS PTY LTD 1 GLAD GUNSON DRIVE ELEEBANA 2282

EVCON HOLDINGS PTY LTD P O BOX 8 EVANS HEAD 2473

F & H TRAWLING CO PTY LTD PO BOX 230 EDEN 2551

H.M.FISHING CO. PTY LTD PO BOX 1032 G GREYTHORN 3104

HOLIPLAN PTY LTD PO BOX 418 GLENORIE 2157

JOBATI PTY LTD 29 JAMES CAGNEY CLOSE PARKWOOD QLD 4214

JUBB PTY LTD 22 SINCLAIR STREET BERMAGUI 2546

KARIUS PTY LTD 10 KIMBA CLOSE WHITE ROCK QLD 4868

LYNAR PTY LTD 17 Lauretta Ave SPRINGWOOD QLD 4127

MELINA T PTY LTD C/- DOMENIC LAVALLE, 4 OWEN STREET ULLADULLA 2539

NAOMI STAR PTY LTD 15 FOREST WAY WOOMBAH 2469

OCEANIC SEAFOODS PTY LTD PO BOX 233 BROOKLYN 2083

PACIFIC PRAWNS PTY LTD 1/22 MONTGOMERY AVENUE MAIN BEACH 4217

PANDORA ENTERPRISES PTY LTD PO BOX 186 MOOLOOLABA 4557

RACOVOLIS AMALGAMATED FISH AGENTS PTY LTD 1-7 FISHMARKET, 440-468 FOOTSCRAY RD WEST MELBOURNE VIC 3003

RD & CA STEWART PTY LTD 13 NELSON STREET WOOLGOOLGA 2456

RESTLESS ENTERPRISES PTY LTD P O BOX 149E EARLVILLE 4870

SELPET PTY LTD 36 ILLAWONG CRESCENT TWEED HEADS 2486

SHOTALA PTY LTD 21 CHURCH STREET NELSON BAY 2315

TELGARRY PTY LTD PO BOX 43 HARWOOD ISLAND 2465

TOM OLLEY PTY LTD 164 J HICKEY AVE GLADSTONE 4680

TRUTEN PTY LTD 11 CASUARINA CLOSE NELSON BAY 2315

WESTERN FISHERIES PTY LTD 21 TECOMA ROAD PALMWOODS 4555

ZOJO PTY LTD 21 WATERVIEW CRESENT WOOMBAH 2469

J & N JARVIS PTY LTD AND DEWEBB PTY LTD C/- KELLOW PARBURY & ASSOCIATES, PO BOX 558EDEN 2551

C, E, F, JM, DJ, SM, BM & I PUGLISI PO BOX 13A BERMAGUI 2546

Antonio Mickele PUGLISI 16 BRUNSWICK STREET BALLINA 2478

Joseph Gregory PUGLISI PO BOX 147 ULLADULLA 2539

Samone Giuseppe PUGLISI 2/14 VERA STREET BALLINA 2478

Robert Bruce RANDELL 6 TOBY STREET FORSTER 2428

KEVIN DANIEL MURPHY & REBECCA MARY JAMIESON 19 YAMBA ST PALMERS ISLAND 2463

Peter Rodney REEVES 69 STEVENSON AVENUE MAYFIELD WEST 2304

Thomas Michael RICHARDSON 24 ANDREW CLOSE BOAT HARBOUR VIA ANNA BAY 2316

William Stanley RICHARDSON 20 GRAHAM STREET BOAT HARBOUR VIA ANNA BAY 2316

Appendix A1 13




Ronald William RIGDEN 48 LONG STREET COFFS HARBOUR 2450

Tony Laurience RIPLEY 1 ACACIA STREET TWEED HEADS SOUTH 2486

John ROBERTS 45 MAIN ROAD GREENWELL POINT 2540

HENRY & PETER ROBINSON 3 ELAINE AVENUE AVALON 2107

Micheal Leonard Charles ROSSOW 67 POINT CARTWRIGHT DRIVE BUDDINA 4575

John Ballantyne ROUSE 17 WATTLE DRIVE YAMBA 2464

Stephen John RUTHERFORD 363 NORTH BANK ROAD PALMERS ISLAND 2463

FERDINANDO, CARMEL J., & SALVATORE G. CAMPISI PO BOX 319 ULLADULLA 2539

Grant Lewis SEGGAR 29 REGATTA AVENUE FORSTER 2428

KEVIN AND WENDY THERESE SHANAHAN 29 URARA STREET YAMBA 2464

Andrew Craig SHANNON 424 SOUTH BANK ROAD PALMERS CHANNEL 2463

PHILLIP MCDONALD & SHANNON MIERS 4 VOST STREET COFFS HARBOUR 2450

GEOFFREY ALFRED & SHELLEY ANNE GREENE 30 HAMILTON DRIVE CRAIGNISH 4655

Keith Allen SHEPHEARD 15 HIGH STREET BATEMANS BAY 2536

Willis Herbert John SNEESBY PO BOX 146 EVANS HEAD 2473

R & M A SNEYD 49 MELALEUCA DRIVE PALM BEACH QLD 4221

Anthony John SPEIRS 64 QUEENS LANE ILUKA 2466

Geoffrey Warren SPROULE 50 GALOOLA DRIVE NELSON BAY 2315

ARTHUR PETER LALOR & STEPHEN JACK MUNDAY 127 GREGORY STREET SOUTH WEST ROCKS 2431

Ian Douglas STOREY PO BOX 225 BRUNSWICK HEADS 2483

DONALD ROSS ANDERSON & SUSAN MARIE ANDERSON 4 TELOPEA AVENUE YAMBA 2464

Jock Cameron SUTHERLAND 14 PEEL STREET TUNCURRY 2428

Robin Neil SWAN 14 THOMPSON STREET ILUKA 2466

GEOFFREY DAVID COWEN & THERESE EDNA COWEN 28 MICALO STREET ILUKA 2466

Mike THIELE 48 CALLE CALLE STREET EDEN 2551

Lauritz Neal THOMSEN 24 FLINDERS STREET EDEN 2551

Andrew Parkes THORNTON 16 MITCHELL STREET EDEN 2551

Simon Kenneth TIDSWELL PO BOX 676 LAKES ENTRANCE VIC 3909

Leon Bruce TILLOTT P.O. BOX 610 COOLANGATTA QLD 4225

Anh Tuan TO 5 SUNNYSIDE STREET MAYFIELD 2304

Van Loi TO 11 OLIERIA CRES WARABROOK 2304

Robert John TONKIN 46 WOOLI STREET YAMBA 2464

Barry John TOWNSEND 3 MICHAEL OSLING PLACE SOUTH WEST ROCKS 2431

CAROL, ERIC, JULIE & ROBERT TOYER 95 YAMBA ROAD YAMBA 2464

David Humphrey TRELOAR 9 SHELLY STREET ANGOURIE 2464

JOHN EDWARD LUKE & TROY VINCENT LUKE 62 FORFAR STREET STOCKTON 2295





Hien Van TU 43 DORA STREET MAYFIELD 2304

David Walter TURVEY 46 RIVERVEIW STREET EVANS HEAD 2473

Maxine VAN WYNGEN 156 AMOS ROAD PALMERS CHANNEL 2463

Dale John VICKERY 387 MANTONS ROAD LAWRENCE 2460

John Wilfred WAIT 251 NORTH BOAMBEE ROAD COFFS HARBOUR 2450

Darren Ross WARD 19 LOUDEN CLOSE COFFS HARBOUR 2450

Leslie James WARREN P O BOX 227 EDEN 2551

LUKE, RODNEY & JAMIE WEBBER 22 LOUDEN CLOSE COFFS HARBOUR 2450

Daniel Henry WEBBER 34 HALLS ROAD COFFS HARBOUR 2450

Rodney Frederick WEBBER 22 LOUDEN CLOSE COFFS HARBOUR 2450

Bernard Noel WELSH 441 CONGARINNI ROAD VIA MACKSVILLE 2447

Peter Thomas WEST 16 MOWBRAY CRESCENT ADAMSTOWN 2289

Wendell Mark WESTON P. O. BOX 163 MILTON 2538

Michael John WILKES C/- EVANS HEAD CO-OP EVANS HEAD 2473

Steven James WILKS 46 CESSNOCK ROAD WESTON 2326

Barry James WILLIAMS 13 PANORAMA AVENUE SOUTH WEST ROCKS 2431

John Lesleigh WILLIAMS 22 COONAWARRA COURT YAMBA 2464

Graham John WILSON P.O BOX 13 LAWRENCE 2460

David James WOODWARD RMB 2248, COX'S LANE FULLERTON COVE 2318

Paul ZAHRA 9 HAWKES NEST PLACE SURFSIDE 2536

ZEMALDEN PTY LTD ( D.G & D RICHARDSON ) 1 BALFOUR STREET SOUTH TWEED HEADS 2486

SCHOEMAN, STEENSON, DAY (LATITUDE THIRTY) 8 LANGLEY CLOSE COFFS HARBOUR 2450

Appendix A2 15


APPENDIX A2

PlanningNSW guidelines

(now DIPNR)

Guidelines for theEnvironmental Impact Assessment of

Draft Fishery Management Strategies forCommercial Ocean Prawn Trawl, Fish Trawl & Ocean Trap and

Line Fisheries

February 2003February 2003

© Crown Copyright 2003NSW Department of PlanningPrinted February 2003

DisclaimerAny representation, statement, opinion or advice, expressed or implied in the publication is made in goodfaith and on the basis that the State of New South Wales, its agents and employees are not liable (whetherby reason or negligence, lack of care or otherwise) to any person for any damage or loss whatsoever whichhas occurred or may occur in relation to that person taking or not taking (as the case may be) action inrespect of any representation, statement or advice referred to above.

FOREWORD

The Environment Impact Assessment process under the Environmental Planning andAssessment Act 1979 provides a framework for assessing whether management strategiesprepared under the Fisheries Management Act 1994 will deliver ecologically sustainablecommercial fisheries. The Environmental Impact Statement is an important tool as it informsproponents of likely impacts and allows for the consideration of alternative management andmitigation measures when formulating the fishery management strategy. It enables thecommunity to review the proposed strategy, its objectives and management regimes and toprovide input. It also informs decision makers of the likely costs and benefits of the proposedstrategy and of the need for mitigation measures.

These guidelines outline the issues to be addressed in environmental impact statements for theocean prawn trawl, fish trawl, and ocean trap and line fisheries management strategy.

These guidelines have been issued by the Director-General under clause 230 (1)(a) of theEnvironmental Planning and Assessment Regulation 2000 and must be considered by thoseparties responsible for preparing an EIS to assess the likely significance of impacts ofimplementing a Fishery Management Strategy. The guidelines replace the general requirementsfor the contents of an EIS under Schedule 2 of the EP&A Regulation 2000 and the moregeneral guideline issued in 2001 for Commercial Fishery Management Strategies.

These guidelines prescribe the matters to be addressed in the EIS and remove the need tofurther consult the Director-General under clause 231 (3) of the EP&A Regulation.

These guidelines have included relevant matters to meet the Commonwealth "Benchmarks andTerms of Reference for Environmental Assessment of Fisheries" and to satisfy theCommonwealth Government "Guidelines for the Ecologically Sustainable Management ofFisheries" for the purposes of Environmental Protection and Biodiversity Conservation Act 1999(EPBC Act). The guideline has also highlighted the importance of identifying if the fisheryactivity is likely to affect the matters of national environmental significance set out in the EPBCAct. Matters of national environmental significance includes World heritage areas, declaredRamsar wetlands, listed threatened species and ecological communities, listed migratory species,nuclear actions and the environment of the Commonwealth marine area. If fisheries are likely toaffect matters of national environmental significance (including listed marine species), theCommonwealth will need to be consulted to determine whether approval is required under theEPBC Act.

TABLE OF CONTENTS

1. FISHERY MANAGEMENT STRATEGIES FOR OCEAN PRAWN TRAWL, FISH TRAWL, AND OCEANTRAP AND LINE FISHERIES ........................................................................................................... 5

1.1 Overview ....................................................................................................................... 51.2 Purpose of a Fishery Management Strategy ........................................................................ 51.3 Management tools ........................................................................................................... 6

2. THE EIA PROCESS AND PROCEDURES .................................................................................... 62.1 Steps in the EIA Process................................................................................................. 62.2 A strategic approach in the assessment of fisher activities ................................................... 92.3 Factors to be considered when preparing an EIS.................................................................. 92.4 Overview of the environmental impact assessment............................................................. 10

3. THE CONTENTS OF THE EIS AND FMS.................................................................................... 12

A EXECUTIVE SUMMARY ............................................................................................... 12

B REVIEW OF EXISTING SITUATION ............................................................................... 121. GENERAL INFORMATION........................................................................................................................................122. ECOLOGICAL ISSUES ...............................................................................................................................................133. THE BIOPHSICAL ENVIRONMENT.........................................................................................................................154. ECONOMIC ISSUES ..................................................................................................................................................155. SOCIAL ISSUES ..........................................................................................................................................................16

C CONSIDERATION OF ALTERNATIVE MANAGEMENT REGIMES......................................... 16

D THE DRAFT COMMERCIAL FISHERY MANAGEMENT STRATEGY....................................... 171. Goals and objectives of the FMS.................................................................................................................................172. Designated fishing activity ...........................................................................................................................................173. Management responses...............................................................................................................................................184. Performance reporting .................................................................................................................................................185. Research and Development Plan................................................................................................................................19

E ASSESSMENT OF THE POTENTIAL IMPACTS OF IMPLEMENTING THE DRAFT FMS ............ 191. ECOLOGICAL ISSUES ...............................................................................................................................................192. THE BIOPHYSICAL ENVIRONMENT ......................................................................................................................203. ECONOMIC ISSUES ..................................................................................................................................................214. SOCIAL ISSUES ..........................................................................................................................................................215. PERFORMANCE REPORTING, MONITORING AND RESEARCH ...................................................................22

F JUSTIFICATION FOR DRAFT FMS ................................................................................. 22APPENDIX 1 Relevant Acts, Authorities and Regulatory Provisions. .......................................... 23APPENDIX 2 Glossary........................................................................................................ 24APPENDIX 3 The Eight-Part Test. ........................................................................................ 27APPENDIX 4 Extract from Section 7E of the Fisheries Management Act..................................... 28APPENDIX 5 Fishery Management Tools ............................................................................... 29

EIS Guideline for theEnvironmental Assessment of

Ocean Trawl & Ocean Trap and Line Fishery Management StrategyFebruary 2003

5

Under section 7E of the FM Act, the Fishery Management Strategy is to:

1. Describe the objectives of the Strategy

2. Describe the designated fishing activity

3. Outline any likely interaction of the designated fishing activities with other fishing activities

1. Fishery Management Strategies for Ocean Prawn Trawl, FishTrawl, and Ocean Trap and Line Fisheries

1.1 Overview

The Fisheries Management (FM) Act 1994 requires a management strategy to be developed forall major commercial fisheries. These strategies are to set out the management objectives andgoals of each fishery, the management rules, performance indicators and monitoring regimes todetermine if the strategy’s objectives are being achieved. Information on the current operationand status of the fisheries, and the vision for future management of the fisheries will beconsidered. The strategy will include all controls affecting the operation of the fisheries and willfocus on achieving sustainable performance objectives.

This guideline applies to the EIS and fisheries management strategy (FMS) for the Ocean PrawnTrawl, Fish Trawl, and Ocean Trap and Line fisheries.

Prior to its finalisation, the draft strategy must undergo environmental assessment under theprovisions of Part 5 of the Environmental Planning and Assessment (EP&A) Act 1979. Theenvironmental assessment is an examination of the environmental impacts of the fishingactivities and considers biological, biophysical, economic and social issues. It must also considerthe impact on the resource from other fisheries and non-fishing activities.

The environmental assessment will rely on best available information to predict impacts of theproposed activities on the environment. The assessment may highlight areas where furtherinformation should be gathered, where practices should be changed and where alternativemanagement regimes may be required. The broader community as well as the endorsementholders, Management Advisory Committees (MACs), Advisory Councils and the FisheriesResource Conservation and Assessment Council (FRCAC) will be given an opportunity tocomment on the EIS and the draft FMS.

Licences and authorisations issued in accordance with the strategy are exempted from having toundergo environmental assessment of the impacts of fishing under each individual licence.There is a transitional period until exempting individual licences from the need for environmentalassessment to provide NSW Fisheries time to prepare fisheries management strategies forcommercial fisheries. After that time, environmental assessment will be required prior to issuingeach individual license or authorisation which is not consistent with the strategy or in all fisherieswhere a strategy is not in place.

1.2 Purpose of a Fishery Management Strategy

A fishery management strategy is a document outlining the management goals, objectives,controls and other measures for achieving the objectives, performance indicators and monitoringprograms applying to a particular commercial designated fishing activity. The strategy mustcontain the “management tools” applying to the commercial fishery, as well as data collectionprotocols and triggers for the review of the strategy.

The strategy should be an informative document detailing the future vision for the managementof the particular designated fishing activity – including:

short, mid and long term vision for the fishery; regulatory controls, management arrangements and other measures for achieving the vision

including setting target effort or fishing capacity of each fishery and any restructuringprogram;

the framework for providing fishers and other stakeholders with greater certainty about therules and administrative arrangements applying to the fishery; and,

an information resource for the endorsement holders as well as the broader community on aparticular fishery.

The strategy is to be prepared in accordance with section 7E of the Fisheries Management Actand this Guideline. The Minister must consult with the Fisheries Resource Conservation andAssessment Council on the preparation or revision of a fishery management strategy.



6

1.3 Management tools

Fisheries management involves the implementation of policies and rules that affect fisher behaviour.A range of management tools are available under the FM Act or Regulation including provisionslimiting who has access to the fishery, where and when fishing can occur, input controls such as gearand boats or output controls such as the size, number and type of fish which may be taken (seeAppendix 5). Other controls may be specified in management plans developed under the provisionsof the FM Act or Regulation for share management fisheries and any associated determination madeby a relevant Total Allowable Catch (TAC) Committee.

Management tools may include provisions relating to aquatic and other reserves under the FM Act orNational Parks and Wildlife (NPW) Act, or marine parks under the Marine Parks Act 1997 orenvironmental planning instruments under the EP&A Act, or under the Commonwealth EnvironmentProtection and Biodiversity Conservation (EPBC) Act. Other legislation and policies provideenvironmental protection measures relevant to the management of the fisheries are summarised inAppendix 5.

2. The EIA Process and Procedures

2.1 Steps in the EIA Process

The four steps below summarise steps in preparing and assessing a Commercial FisheryManagement Strategy and in its review and updating.

Step 1



7

• Assembles information– stock issues, habitat issues, current fishing practices and environmental impacts,threats and other issues to provide the basis for developing a draft FMS and for consulting on the scope ofthe EIS

• Consults with the endorsement holders and MAC and identifies alternative management regimes anddevelops the first draft of the FMS

• Consults with MAC and Advisory Council and develops the second draft FMS.

Step 2• Assesses the impact on the environment of the draft FMS (and the fishing activities undertaken under it)

within the terms of the Environmental Assessment Guidelines and consult with FRCAC, EA and keystakeholders regarding the draft strategy and environmental assessment. Organise for independent peerreview of key components of the draft strategy and environmental assessment.

• NSW Fisheries exhibits the EIS and the draft FMS for public comment and advertises it nationally.• Consult with FRCAC, and notifies and /or consults with endorsement holders, the relevant Advisory Council

and MAC, relevant Aboriginal Land Councils and other stakeholders. FRCAC may recommend modificationsto the FMS as a result of comments from stakeholders.

Step 3• NSW Fisheries sends submissions received as a result of exhibition to PlanningNSW and Environment

Australia (EA).• Submissions and other advice is reviewed and if appropriate the FMS is modified in the light of the

submissions and any advice from the FRCAC. Prepare a Preferred Strategy Report that outlines theresponse to issues raised in submissions or by FRCAC and any proposed changes in the FMS as a resultto improved the sustainability of the strategy.

• PlanningNSW reviews submissions, EIS, FMS and Preferred Strategy Report and may (i) providerecommendations to NSW Fisheries, (ii) prepare an Director-General’s Assessment Report withrecommendations or (iii) the Minister for Planning can call a Commission of Inquiry or (iv) the Minister forPlanning may trigger the provisions for declaring the Minister for Fisheries to be the “proponent” resulting inthe provisions of Division 4 Part 5 applying. In this case, the approval of the Minister for Planning isrequired for the FMS.

• Environment Australia reviews the submissions, EIS, FMS and Preferred Strategy Report and provides apreliminary decision.

• NSW Fisheries reviews submissions and any advice received from PlanningNSW or EA and determineswhether the draft strategy should be recommended for approval. If an approval is required from theMinister for Planning or under Commonwealth legislation, the recommendation must be consistent withthese approvals.

• If amendments to the FMS are proposed at this stage, NSW Fisheries may need to undertake asupplementary assessment (and approvals) if there are likely to be changes in the environmental impacts.If the changes are significant, the supplementary environmental assessment should be exhibited inaccordance with Step 3.

• Commonwealth Minister makes a determination under Commonwealth legislation.• Minister for Fisheries makes a determination under Part 5 of the EP&A Act and an approval of the finalised

FMS under the Fisheries Management Act.

Step 4• NSW Fisheries prepares relevant management plans and amends any existing management tools (eg

regulations which are not consistent with the Strategy) necessary to give effect to the approved strategy.NSW Fisheries consults with FRCAC, relevant Advisory Councils, MACs and other stakeholders and ifrelevant the general community in finalising the management plans. Minister for Fisheries approvesmanagement plans.

• NSW Fisheries monitors the implementation of the Strategy and reports to FRCAC, relevant AdvisoryCouncils, MACs and stakeholders on the resource and environmental management performance.

• NSW Fisheries reviews the Strategy or aspects of the strategy (based on triggers in the FMS).



8

NSW Fisheries exhibit nationally 3rd Draft of FMSand EIS - Submissions invited

Figure 1 Steps in undertaking Environmental AssessmentStep 1

Step 2

Step 3

Step 4

Gather and review data on the existing fisherystocks, fishing practices, habitat, environmental

impacts, etc

EIS

Consults Endorsementholders MAC andAdvisory Council

• Reviewed by FRCAC andadvice on Preferred StrategyReport

• Develops 3rd Draft ofFMS based on EISinformation

• identify alternativeFMS regimes

• Develop 1st Draft ofFMS

NSW Fisheriesimplements the FMS

and monitors theimplementation

• NSW Fisheries reports to FRCAC on monitoring andimplementation

• FRCAC may make recommendations

PlanningNSW reviews submissions EIS, FMS &Preferred Activity Report &• may provide recommendations to NSW Fisheries, or• may prepare a Director-Generals Assessment Report with

recommendations, or• the Minister for UAP can call a Commission of Inquiry or• the Minister for UAP may trigger the provisions for

declaring the Minister for Fisheries to be the “proponent”resulting in the provisions of Division 4 Part 5 applying

• Consults FRCAC• Further advice should be sought from PlanningNSW if

modifications are proposed at this stage to the FMSwhich are likely to change the environmentalimplications of implementing the FMS, as asupplementary assessment or EIS may need to beprepared.

Minister for Fisheriesdetermines to approve(or not) the FMS underthe EP&A Act and the

FM Act

Consults MAC andAdvisory Council andreports onimplementations

Draft EIS

Consults MAC andAdvisory Council

Consults MAC

Consults endorsementholders (proponents)and MAC

Environment Australia(EA) reviewssubmissions, EIS, FMS& Preferred ActivityReport & providesPreliminary Decision

Commence EIA

Notify relevant AboriginalLand Councils

Prepare PreferredStrategy Reportafter considering

submissions & advicefrom FRCAC.

Refers to PlanningNSW &EA

C’Wth Minister providesdecision

Consults MAC,Advisory Council andother key stakeholders

Consultation with EA, FRCAC,Govt agencies, MAC and otherstakeholders

• Reviewed by FRCAC, EA,PlanningNSW, and keystakeholders

• Peer review of key issues

Develop 2nd Draft ofFMS based on industryconsultation

NSW Fisheries mustconsider any advice fromPlanningNSW & EA (ifrelevant) or approval byMinister for Planning

NSW Fisheriesfinalises the FMS



9

2.2 A strategic approach in the assessment of fisher activities

The environmental impacts of issuing approvals under the provisions of the Ocean Prawn Trawl,Fish Trawl, and Ocean Trap and Line Fishery Strategy are to be assessed in accordance with thisguideline and the provisions of Division 5 Part 5 of the EP&A Act. The environmental assessmentis to consider the impacts of the fishery as a whole rather than the impacts of individual fishers.However where there are significant regional/zone differences, the impacts of the fishers withinthese areas should be identified and assessed.

The environmental assessment should test the sustainability of the proposed level of fishingactivities authorised under the proposed fishery management strategy. This assessment mustconsider the cumulative implications of issuing approvals for the designated fishing activity alongwith interactions with the impacts of other fisheries on the fishery resources. The assessment mustnot only predict and consider the acceptability of the estimated impacts on target species, but mustalso consider effects on species taken incidentally, important habitat and the general environment.It must also consider the impact on the resource from other non-fishing related activities likely toaffect the sustainability of the fishery.

The impact of commercial fishing on fish stocks (and in some cases the surroundingenvironment) to a lesser or greater extent depends on the management regime. Theenvironmental assessment of the Strategy aims to identify the level of impact, and theappropriate level of control of fishing activities that ensures the impact is acceptable and thefishery is sustainable. The EIS should consider the relative impact of different level and type ofcontrols and justify the preferred approach on biophysical, social and economic grounds.

2.3 Factors to be considered when preparing an EIS

The Environmental Assessment Guidelines lists specific issues that are potentially importantwhen assessing the impacts of the strategy and in fine-tuning management rules for the fishery.The issues listed are not exhaustive and the degree of relevance of each issue will vary with thetype of commercial fishery.

The term environment includes biophysical, economic and social aspects and hence broader issuesin addition to a stock assessment must be considered in the environmental assessment. Theenvironmental assessment should deal with those issues of key importance to the particular fisherybut should generally consider:

Impacts of activation of latent effort or from effort shifts. Impacts on retained, bycatch and bait species. Impacts on the broader aquatic ecology, habitat and the environment. Economic issues associated with the fishery. Cost-effectiveness of management across all fisheries. Protection of key habitats and protected or threatened species, habitats or communities. Influences of other activities on the fishery. Social issues associated with the fishery.

The assessment should rely on the best available information to predict impacts. However whereinformation is inadequate, the precautionary principle must be invoked and a cautious approach takenuntil such time as additional data collection, research and analysis can provide a sounder basis formanagement decision making. Nonetheless, when predicting the potential impacts, worst casescenarios should be considered as well as normal operational conditions.

Figure 2 Interrelationships and influences to be considered in the assessment.



10

General principles when undertaking assessment include:

Available scientific information including catch and effort trends, information from any scientificstudy sites, estimates of the catch of other user groups, and the life history, distribution anddynamics of the fished stock/s should be used in predicting likely impacts on stock/species andlikely effectiveness of management tools/measures.

Impact prediction should consider- the magnitude, duration, and the extent of the impacts (andwhether impacts are reversible or permanent).

The assessment should take into account any relevant and significant regional or zonal differencesand seasonal effects.

The assessment should take into consideration the potential impact on habitat, habitatfragmentation and broader ecological issues.

Environmental risks and uncertainties in predicting impacts should be clearly stated including thelevels of confidence in predictions and the likely resilience of the environment and the potential forrecovery from impacts.

In the absence of quantitative data, qualitative or delphic impact assessments (ie. categorisationinto high, medium or low) based on best available information should be used.

Proposed management and monitoring arrangements should be cost-effective and take intoconsideration costs incurred in other fisheries.

The proposed management measures for resource allocation and to mitigate impacts should bejustified taking into consideration the ESD principles.

2.4 Overview of the environmental impact assessment

The following matters should be addressed in the environmental assessment of a Draft FisheryManagement Strategy (FMS) for a designated commercial fishery:

1. Describe the existing fishery (including any existing “rules”, current management plans, historicalevents, seasonal patterns and marketing factors likely to affect fisher behaviour) and undertake arisk based assessment of existing operations to identify areas where existing practices ormanagement should be modified or changed.

2. Consider alternative regimes (including alternative fishing methods, alternative funding ofmanagement responses or research programs).

3. Describe the proposed regime under the Draft FMS including goals, objectives and proposedmanagement rules and responses. Identify performance indicators, triggers for reviewing the DraftFMS and the proposed monitoring regime for measuring the likelihood of the strategy meeting the

COMMUNITYFood

InvestmentEmployment

Health and safetyRecreation

Amenityetc

OTHER INFLUENCESWeather conditionsHabitat degradation

Global warmingRun-off/pollution

etc

HABITATWater

Micro habitatsOther species

PredatorsFood

Diseaseetc

STOCKBefore

Pre-spawnersSpawners

Caught SpawnersPre-spawners

OTHER FISHERIES

OCEAN TRAWL/TRAP & LINE FISHERIES



11

goals of the Draft FMS, including an assessment of the adequacy or appropriateness of theindicators, triggers and monitoring regime.

4. Assess the impacts of implementing the Draft FMS taking into consideration likely futureperformance, particularly in relation to high risk aspects/factors.

5. Justify the Draft FMS and its management arrangements in terms of biophysical, economic andsocial factors and the principles of ecological sustainable development.



12

3. The contents of the EIS and FMS

The Draft FMS is to contain six sections. The first (Section A) is the executive summary. Thesecond (Section B) is a review of the existing ecological, economic and social aspects of thefishery, together with a risk-based assessment of its impacts. The risk-based assessment is toconsider both the likelihood of an impact and the consequence should that impact occur. Thethird (Section C) is to consider a range of feasible alternative management regimes andapproaches for the fishery. The fourth (Section D) is the Draft Fishery Management Strategy(Draft FMS), which includes the proposed future management regime for the fishery, togetherwith detailed performance reporting. The fifth (Section E) is a risk based assessment of theimpacts of the Draft Fishery Management Strategy with a focus on how the Strategy mitigatesrisks identified in Section B. The sixth (Section F) is the justification for the management optionsselected in the Draft FMS.

A EXECUTIVE SUMMARY

An executive summary should be provided and be available separately for public information.The summary should give a short overview of the Draft Fishery Management Strategy (DraftFMS) and the potential ecological, biophysical, social and economic impacts of implementing thestrategy. It should include identification of the major risks to the environment from the fishingactivity, and the impacts of implementing the Draft FMS on the economic viability of operators(including identifying the likely increased management cost to fishers). It should be written innon-technical language to facilitate understanding by the general public.

B REVIEW OF EXISTING SITUATION

The aim of this section of the EIS is to provide sufficient background to understand the nature ofthe fisheries, where they occurs, and review the performance of the fisheries as they currentlyoperate. A risk-based assessment should be used to identify aspects of the existing operation ofthe fishery to identify areas where existing practices or management should be modified orchanged. The risk-based assessment should take into consideration the likelihood/frequency ofan environmental impact and the consequence (including its irreversibility) should the impactoccur.

1. GENERAL INFORMATION

Using available information, describe the following:

(a) The number of fishers endorsed in the fisheries on a State and regional basis.

(b) The harvesting methods used in the fisheries including gear, equipment and boats.

(c) Describe by way of indicative maps:(i) The area where the fisheries can operate, including any major regions or zones.(ii) The major ports used by the fisheries.(iii) Any aquatic reserves, marine parks, or any other permanent closures that impact the

fisheries.

(d) Describe the management regime currently in place for controlling the level of take in thefishery, and how this regime incorporates harvest from all fishing sectors.

(e) Describe interactions between fishers in these fisheries and other fisheries:(i) Under NSW jurisdiction (e.g. Estuary Prawn Trawl Fishery).(ii) Under adjacent State (e.g. Queensland East Coast Trawl Fishery) or Commonwealth

(e.g. South East Fishery) jurisdiction.(iii) Briefly discuss how any relevant fisheries are managed in the other jurisdictions and

how any recent management changes in these jurisdictions (e.g. Queensland EastCoast Trawl Plan) impact the operation of the relevant fishery in NSW.

(f) Describe the existing management regime for the fishery including:(i) The aims and objectives of any previous management.(ii) Outline current performance reporting and monitoring provisions for the harvest from

these fisheries including any requirements for the reporting of catch and effort bythe fishers (e.g. logbook returns), any observer programs and any fisheriesindependent monitoring.



13

(iii) Describe the process for review and assessment of the dynamics and status of thefishery, including the nature and frequency of the review and assessment events.

(iv) Outline any current major research initiatives related to management of the fishery.

(g) Outline and discuss recent trends in the operation of the fisheries including:(i) Total fishing effort on a state-wide and regional basis.(ii) Total landed value

1 of the catch and of the principal target species on a state-wide

and regional basis.(iii) Factors that influence how and where the fishery operates.

(h) Outline current administrative arrangements in relation to enforcement and compliance, costrecovery, and community contribution payments.

2. ECOLOGICAL ISSUES

2.1 Primary and secondary species2

(a) Identify the historic and existing NSW harvest levels of primary, secondary and key secondaryspecies in these fisheries.

(b) Identify the life history stage or stages (e.g. juvenile, sub-adult, and/or adult) of primary and keysecondary species taken by the fisheries.

(c) Identify the stocks of primary and key secondary species3 and document the relevant biology

and ecology of the major target species.

(d) Identify the information sources (e.g. logbooks, observer programs, fisheries independentstudies) on the level of take of primary and key secondary species in the fisheries and theirreliability.

(e) Identify whether the primary and key secondary species are harvested in other fisheries inadjacent jurisdictions and if so, the recorded level of the harvest in these other fisheries.

(f) Describe the status of the primary and key secondary species as either: overfished (recruitmentand/or growth), fully fished, under-fished, or unknown and identify whether any one of thesefisheries is the main contributor to the identified status. Provide an estimate of the reliability ofspecies that are assigned overfished, fully fished or underutilised.

(g) Identify existing management measures for primary and key secondary species (e.g. minimumlegal sizes).

(h) Describe significant natural factors (e.g. recruitment dynamics, oceanographic factors) externalto the fisheries that may significantly influence the abundance and dynamics of the primary andkey secondary species.

(i) Summarise the overall risks from the operation of the fishery on the primary, key secondary,and relevant secondary species taking into consideration the likelihood/frequency of impactsand the consequence should the impact occur.

2.2 Bycatch species

(a) Identify the bycatch species impacted directly by the fisheries, and any management,monitoring or mitigation measures for bycatch species.

(b) Identify the information sources (e.g. observer programs, fisheries independent studies) on thelevel of bycatch in the fisheries and their reliability.

(c) Identify the biological characteristics of the bycatch species that may make their populationssusceptible to the impacts from the fisheries.

(d) Identify in general terms the likelihood of bycatch species subsequently surviving whendiscarded.

(e) Identify whether discarded bycatch species represent a source of food for other animals (e.g.birds, dolphins) and if so, identify the animals and the likely impacts on these populations andbehaviour that such food provisioning may be having.

(f) Summarise the overall risks from the operation of the fishery on bycatch species, taking intoconsideration the likelihood/frequency of impacts and the consequence should the impactsoccur.

1 Estimating the total landed value of the catch should incorporate any regional variations in

prices.2 Key secondary and secondary species= byproduct species.

3 Definition of the word stock is included in the Glossary. A description of the stock must include

reference to its distribution and spatial structure.



14

2.3 Bait sources

(a) Identify the species, volume and sources of bait used in the fisheries (if relevant). Identify anypests and diseases that may be introduced as a result of bait introductions.

(b) Consider the likely effectiveness of any existing management regime to minimise the risk ofintroduction of pests and diseases in the bait organisms including procedures to ensure themeasures are implemented.

(c) Summarise the overall risks from the operation of the fishery on bait sources and the effects ofany non-fish sources of bait (e.g. chicken gut) on the environment, taking into consideration thelikelihood/frequency of impacts and the consequence should impacts occur.

2.4 Protected and threatened species and communities

(a) Identify protected and threatened species, populations and ecological communities and theirhabitat listed under the Fisheries Management Act, Threatened Species Conservation Act,National Parks and Wildlife Act or Environment Protection and Biodiversity Conservation Actwhich may be affected by the fisheries.

(b) Identify the information sources (e.g. surveys, studies etc.) on the level of interaction betweenthe fishery on endangered, threatened or protected species and threatened ecologicalcommunities (and the reliability of this information).

(c) Identify any measures in place to avoid impacts on endangered, threatened or protectedspecies and threatened ecological communities.

(d) Summarise the overall risks from the operation of the fishery on these species taking intoconsideration the likelihood/frequency of impacts and the consequence should the impactsoccur.

2.5 Species assemblages, species diversity and ecological processes

(a) Identify any species assemblages that are likely to be significantly affected directly or indirectlyby the fishing activity.

(b) Describe the possible impacts of the fisheries on these species assemblages; and, how theimpacts might affect species diversity.

(c) Identify (where possible) the major ecological processes which may be altered as a result of thefisheries.

(d) Describe the possible impacts of the fisheries on these ecological processes and how thefishery might alter them.

(e) Identify the likelihood and impacts of ghost fishing from lost fishing gear (particularly fish traps)on species assemblages, species diversity and ecological processes.

(f) Summarise the overall risks from the operation of the fishery (including ghost fishing) on speciesassemblages, species diversity and ecological processes.

2.6 Aquatic habitats

Identify the primary habitat areas impacted by the fisheries.

(a) Describe the spatial scale of the habitat impacts of the fisheries relative to the general overallarea of these habitats.

(b) Identify the nature, intensity, magnitude, frequency and duration, and reversibility of impactsfrom the fisheries on aquatic habitats.

(c) Identify any other habitat areas that may be affected by the fisheries, in particular any areasregistered in the National Estate or State Heritage Register, habitat issues associated withmarine mammals and migratory birds that are not covered above under 2.4(a).

(d) Summarise the overall risks from the operation of the fisheries on aquatic habitats taking intoconsideration the likelihood/frequency of impacts and the consequence should the impactsoccur.



15

3. THE BIOPHSICAL ENVIRONMENT

3.1 Water quality

(a) Identify sources of pollutants/contaminants from the operation of the fisheries likely to affect thewater quality, and outline the characteristics, magnitude and probable frequency of theseevents.

(b) Identify the use of substrate treatments (e.g. anti-fouling agents).

(c) Identify any incidences of accidental or deliberate discharge of chemicals, fuel or bilge water,and dumping of debris (plastics, gear and general waste).

(d) Identify the likely assimilation capacity of the receiving water impacted by anypollutants/contaminants.

(e) Describe any existing management measures to mitigate any adverse impacts from the fisherieson water quality and assess the adequacy of these measures.

3.2 Noise and light regimes

(a) Identify any potential fixed or mobile noise and light sources (and indicative hours of operation).

(b) Identify any birds or mammals whose behaviour (e.g. roosting, feeding and migration) is likely tobe significantly or permanently modified in response to noise or light from the fishery activities.

(c) Identify any residential areas likely to be affected by the noise or light.

(d) Describe any existing management measures to mitigate any adverse impacts from noise andlight generated in the fishery and assess the adequacy of these measures.

3.3 Air quality, energy and greenhouse gas emissions

(a) Outline any sources of odours or other air impacts, and identify the conditions under which anysensitive land uses are likely to be affected by the odour.

(b) Outline any existing measures to manage air impacts to an acceptable level and assess theadequacy of these measures.

(c) Consider the efficiency of energy use and greenhouse gas emissions taking into considerationissues relating to boat/motor performance.

(d) Outline existing measures and approaches to maximise energy efficiency (e.g. those outlined inthe Eco-efficiency Agreement established between Environment Australia and the NSWcommercial fishing industry, and associated work implemented under this agreement), minimisethe emission of greenhouse gases, and assess their adequacy.

4. ECONOMIC ISSUES

(a) Outline the investment in the fishing fleet on a state-wide and regional scale.

(b) Outline location, age and investment of fishing associated businesses and infrastructure suchas processing facilities and slipways, transport (water and road), berthing facilities, maintenanceand repairs and cold stores.

(c) Identify direct (e.g. boat owners, skippers and crew) and indirect (e.g. traders and suppliers)employment by regions including the proportion of fishers with income from other commercialfisheries and/or other non-fishing employment, the seasonality of employment and thedemographic profile of those directly and indirectly employed in the fishery.

(a) Undertake an assessment to identify the likelihood and consequence of the current fisheryoperations causing impacts on:• Water quality• Noise and light regimes• Air quality and greenhouse gas emissions

(b) Where risk is identified as unlikely and/or not of significant consequence, this positionshould be justified. Where this position is identified and justified, no further discussion ofthat impact is necessary in this section of the EIS.

(c) Where risk is identified to be likely and/or of a significant consequence for a factoridentified in part 3(a) of these Guidelines, the following detail should be included for thatfactor.

(d) The assessment of these issues in the Estuary General or Ocean Hauling EIS shouldguide the risk assessment.



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(d) Outline the economic return from the fishery including its contribution to individual, regional andstate income; and the value of licences currently held by individual fishers in the fisheries.

(e) Existing economic multiplier effects, economic rents and community contributions.

(f) Outline the markets for fish species (and the marketing forms) harvested in this fishery and thecontribution these fisheries make towards supplying seafood to consumers on a State andregional basis.

(g) Summarise the overall risks to the economic viability of the fishery from the current operationalarrangements taking into consideration the likelihood/frequency of impacts and theconsequence of the impacts occurring.

5. SOCIAL ISSUES

5.1 Fishers social capital

(a) Outline the community values associated with the commercial fishery, in particular; social capitalissues, skill base and transferability of skills.

(b) Outline community views and perceptions of the fishery and include a brief analysis of howthese views and perceptions were formed.

(c) Determine the importance of social identity and job satisfaction as a reason for being acommercial fisher in these fisheries.

(d) Summarise the overall social risk to fishers from the current operational arrangements takinginto consideration the likelihood/frequency of impacts and the consequence of the impactsoccurring.

5.2 Health and safety

(a) Outline the health risks to fishers and related workers (e.g. processors of product) from currentpractices/methods and existing measures to minimise risk.

(b) Identify any health risks to consumers and existing measures for minimising or removing theserisks up to the point of transfer of the product to the processor or receiver.

(c) Summarise the overall health and safety risk to fishers, related workers and consumers from thecurrent operational arrangements taking into consideration the likelihood/frequency of impactsand the consequence of the impacts occurring.

5.3 Indigenous peoples

(a) Identify the interests of Indigenous people in the resources harvested by the fisheries and inhabitats that may be impacted by the fisheries.

(b) Identify any important Aboriginal heritage sites/places likely to be affected by fishers operatingwithin the fisheries and outline any existing protocols/measures that aim to minimise risk of harmto these sites.

(c) Outline whether the fisheries affect traditional fishing and access to fisheries resources, and ifso, how this occurs.

(d) Identify the involvement of Indigenous peoples in the existing commercial fisheries.

(e) Describe Government policies and strategies on Indigenous fishing, including the NSWIndigenous Fisheries Strategy.

(f) Summarise the overall risk to Indigenous people from the current operational arrangementstaking into consideration the likelihood/frequency of impacts and the consequence of theimpacts occurring.

5.4 European heritage sites

(a) Identify any shipwreck sites or other sites of historic heritage that are affected by fishingactivities and outline existing protocols/measures to minimise impacts to these sites.

(b) Summarise the overall risk to European heritage sites from the current operationalarrangements taking into consideration the likelihood/frequency of impacts and theconsequence of the impacts occurring.

C CONSIDERATION OF ALTERNATIVE MANAGEMENT REGIMES

Taking into consideration the key issues identified in the review of the fisheries (Section B) andthe risk assessment undertaken in relation to these issues, consider alternatives to currentpractices in the fishery to reduce the level of risk or improve the sustainability of the fish stock



17

and their economic and social viability. In this context, describe and discuss the feasiblealternatives, including:

(a) The no fishery alternative.

(b) No changes to existing management arrangements.

(c) Alternative effort regimes.

(d) Alternative approaches to performance monitoring and reporting regimes, including linkingperformance indicators to specific objectives rather than broad goals.

(e) Alternative management responses to address significant areas of risk identified in the EIS.

(f) Alternative arrangements for the cost-effective delivery of management of the fisheriesincluding alternative funding sources.

D THE DRAFT COMMERCIAL FISHERY MANAGEMENT STRATEGY

The aim of this section of the Guidelines is to set out the structure of the Draft FisheryManagement Strategy. When finalised, the Draft Fishery Management Strategy will stand alonefrom the EIS. As such it should contain sufficient background information to communicate thecontext of the management actions and performance reporting it contains. It should respond toissues identified as having significant risks in the review of the current fishery operation and toalternatives to improve the management of these and other issues. Any new managementmeasures should identify whether additional costs are involved and if so, who are likely to paythese additional costs.

1. Goals and objectives of the FMS

The goals and objectives should be outcomes-based and linked to operational actions.

2. Designated fishing activity

2.1 Impacts on stocks of primary and key secondary species, and bycatch

(a) Identify the primary, key secondary and bycatch stocks to be harvested and/or affected by thefishery.

(b) Identify bycatch species that may be considered at risk from existing fishing operations.

(c) Using available information, describe the status of the primary and key secondary stocks asunder-fished, fully fished or overfished.

(d) For the primary and key secondary species provide a table which documents the known status(and the level of certainty) for the following stock assessment and biological parameters:(i) Size and age at maturity.(ii) Distribution and stock structure.(iii) Age and growth information (including catch at age).(iv) Yield and/or egg per recruit.(v) Natural mortality.(vi) Fishing mortality.(vii) Spawning season.(viii) Spawning areas.(ix) Stock recruitment relationship.(x) Movements and migration.

2.2 Proposed Future Operational area under the Draft FMSProvide indicative maps identifying the future operational areas, key environmental protectionareas and areas closed to the fishery including:

(a) The area where the fishery will operate.

(b) Major ports from where fishers will operate and any major processing facilities.

(c) Aquatic reserves, marine parks, or any other permanent closures that impact the fishery andany permanent closures that impact the fishery. If the area of operation of the fishery asdefined in the Draft FMS is not modified from that presented in Section B of these Guidelinesthen cross-referencing back to that information is sufficient.

2.3 Operation of the fisheryOutline the following as they affect the operation of the fishery:



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(a) Any proposed enforcement and compliance measures (including any Strategic CompliancePlans and the process for review of these plans).

(b) Any proposed fees, charges, or community contribution payments.

(c) Any relevant provisions in the FM Act or Regulations including any fishing closures underSection 8 of the FM Act or policies approved by the Fisheries Minister.

(d) Any relevant bycatch or threatened/protected species plans or recovery programs and anyprograms in place to mitigate the impacts of the operation of the fishery onthreatened/protected species or communities.

(e) Consultation and participation by stakeholders in management.

3. Management responses

The Draft FMS is to identify specific management responses aimed at minimising risk to theenvironment and the sustainability of the fishery. Each management response should:

(a) Describe the current situation for the issue to be addressed by the management response.

(b) Outline the management response itself.

(c) Identify whether the management responses are likely to require additional funding and thepotential and likely sources of this additional funding.

(d) Identify how the management response will be implemented and timeframe forimplementation

(e) Outline the predicted outcome(s) from the management action.

4. Performance reporting

Performance reporting should link back to the management actions and objectives of the DraftFMS. The following approach is modified from the FRDC ESD Reporting Framework “How toGuide” (see www.fisheries-esd.com). The proponent should be guided by existing applications ofthe approach to other fisheries for identifying the level of detail required for each component.Performance reporting and monitoring should be cost-effective within and across fisheries.

Performance reporting should link back to the management actions and goals/objectives of theFMS. Performance reporting must include the following:

(a) For each objective or goal, an indicator(s) is to be identified. This can be a direct measure of

performance (e.g. employment numbers for employment) or a surrogate (e.g. catch per uniteffort as an estimator of stock abundance).

(b) A trigger point (= reference point) which is necessary to define how to interpret the indicator to

assess whether performance against the objective is acceptable or not. In some instances, itmay also be desirable to identify “triggers for contingency action” for particular situations when

there is an unusual event or changing practices (e.g. new technology) when contingencymanagement intervention is considered necessary.

(c) A brief justification for the selected indicator and performance measure.

(d) The data requirements and availability of data for the indicator. This is to be depicted using a

table or matrix:

Data Required Availability

Description ofindicator/supportingdata.

Time period for which data are available or when data will becomeavailable.

Details of the existing or proposed monitoring program (and theirsources or proposed sources of funding).

(e) The robustness of the proposed indicator and performance measure. The robustness of an

indicator is to be described as high, medium or low (with a brief textual justification for theassigned category).

(f) The action(s)4 that will result if a performance measure is exceeded.

4 These Guidelines are not prescriptive in terms of what constitutes an appropriate action should a trigger point be exceeded. In some

instances, a direct management action may be specified, while in others a review of the reasons for the trigger being surpassed maybe more appropriate, provided this review can lead to appropriate action if necessary. What constitutes an appropriate action shouldbe addressed on a case by case basis.



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(g) A description of any significant external drivers - factors that are known to potentially impact on

performance of the fishery but which are outside of the responsibility of NSW Fisheries.

5. Research and Development Plan

A research program must be developed as part of the Draft FMS and should take intoconsideration any existing and relevant research plans. The research plan should considerissues of cost-effective research delivery and prioritisation:

(a) Identify the significant knowledge gaps for the ecological, economic and social aspects of thefishery.

(b) Identify and prioritise the research and development projects for filling the significant knowledgegaps and the desired timeframe for commencing and completing these projects.

(c) Identify the potential sources of funding to undertake the research and development projects.

E ASSESSMENT OF THE POTENTIAL IMPACTS OF IMPLEMENTING THE DRAFT FMS

This section of the Guidelines sets out the information required for assessing the potentialimpacts that may occur as a result of implementing the Draft FMS. This section should beinformed by and linked to the risk assessment undertaken as a component of Section B of theGuidelines. It should focus on the likely change in impacts and when those impacts are likely tobe adverse, the adequacy of monitoring and management measures in the Draft FMS.

1. ECOLOGICAL ISSUES

1.1 Primary and key secondary species

(a) Identify any likely changes in impacts on primary and key secondary species as a result ofimplementing the Draft FMS compared with the current regime including in relation to theirstatus, the likelihood that the stock will be overfished or fragmentation or contraction of thespecies range will occur. When the impacts are likely to be adverse, consider the adequacy ofmonitoring and management measures in the Draft FMS, and their ability to promote stockrecovery if the stock is overfished.

(b) Assess whether the risk to the sustainability of the primary and key secondary species haschanged (and the potential magnitude of this change) by the management measures in theDraft FMS.

1.2 Bycatch species

(a) Identify any likely changes in impacts on bycatch species as a result of implementing the DraftFMS compared with the current regime, the likelihood that the stock will be overfished or thefragmentation or contraction of the species range will occur. When the impacts are likely to beadverse, consider the adequacy of monitoring and management measures in the Draft FMS.

(b) Assess whether the risk to the sustainability of the bycatch species has changed (and thepotential magnitude of this change) by the management measures in the Draft FMS.

1.3 Bait sources

(a) Identify any likely changes in impacts on and from bait sources as a result of implementing theDraft FMS compared with the current management arrangements.

(b) Assess whether the risk on and from bait sources has changed (and the potential magnitude ofthis change) by the management responses in the Draft FMS.

1.4 Protected and threatened species and communities

(a) Identify any likely changes in impacts on threatened species, populations and ecologicalcommunities and their habitat listed under the Threatened Species Conservation Act, NationalParks and Wildlife Act or Environment Protection and Biodiversity Conservation Act which maybe affected by fishing activities.

(b) For each species, provide a brief summary of the known biology and ecology of species,

populations or communities and systematically address each of the following factors in TheEight-Part Test (also see Appendix 3):

(i) in the case of a protected or threatened species, whether the life cycle of thespecies is likely to be disrupted such that a viable local population of the species islikely to be placed at risk of extinction,



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(ii) in the case of an endangered population, whether the life cycle of the species thatconstitutes the endangered population is likely to be disrupted such that the viabilityof the population is likely to be significantly compromised,

(iii) in relation to the regional distribution of the habitat of a protected or threatenedspecies, population or ecological community, whether a significant area of knownhabitat is to be modified or removed,

(iv) whether an area of known habitat is likely to become isolated from currentlyinterconnecting or proximate areas of habitat for a protected or threatened species,population or ecological community,

(v) whether critical habitat will be affected,(vi) whether a protected or threatened species, population or ecological community, or

their habitats, are adequately represented in conservation reserves (or other similarprotected areas) in the region,

(vii) whether the development or activity proposed is of a class of development or activitythat is recognised as a threatening process,

(viii) whether any protected or threatened species, population or ecological community isat the limit of its known distribution.

Note: Where one or more of the factors are not relevant to the species in question, identifythis as “not applicable”.

(c) Discuss the effectiveness of any mitigation measures in the Draft FMS, in particular of measuresto protect species listed under Threatened Species Conservation Act, Fisheries ManagementAct or Environment Protection and Biodiversity Conservation Act.

1.5 Species assemblages, species diversity and ecological processes

(a) Identify any likely changes in impacts on species assemblages, species diversity and ecologicalprocesses as a result of implementing the Draft FMS compared with the current regime.

(b) Assess whether the risk of significant impacts attributable to the fishery has been changed (andthe potential magnitude of this change) by the management responses in the Draft FMS.

1.6 Aquatic habitats

(a) Identify any likely significant changes in impacts of the fishery on aquatic habitat areas as aresult of implementing the Draft FMS compared with the current regime.

(b) Assess whether the risks to aquatic habitats have been changed (and the potential magnitudeof the change) by the management measures in the Draft FMS.

2. THE BIOPHYSICAL ENVIRONMENT

2.1 Water quality

(a) Identify any likely changes in water quality impacts as a result of implementing the Draft FMScompared with the current regime. Describe how the management actions in the Draft FMSmitigate any adverse impacts from the fishery. Assess the adequacy of mitigation andmanagement measures.

2.2 Noise and light regimes

(a) Identify any likely changes in noise and light impacts as a result of implementing the Draft FMScompared with the current regime. Describe how the management actions in the Draft FMSmitigate any adverse impacts on noise and light levels from the fishery. Assess the adequacy ofmitigation and management measures.

2.3 Air quality, energy and greenhouse gas emissions

(a) Identify any likely changes in air quality as a result of implementing the Draft FMS comparedwith the current regime. Describe how the management actions in the Draft FMS mitigate anyadverse air quality impacts resulting from the fishery. Assess the adequacy of mitigation andmanagement measures.

(b) Outline measures in the Draft FMS to increase energy use efficiency and minimise greenhousegas emissions to an acceptable level; assess the adequacy of mitigation and managementmeasures.

(c) Outline how the Draft FMS impacts on the achievement of the objectives of the EnvironmentAustralia and NSW Fishing Industry Eco-efficiency Agreement.



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3. ECONOMIC ISSUES

(a) Outline the potential change in economic viability of operators as a result of implementing theDraft FMS with a focus on assessing:

(b) The ability of fishers to pay increased management costs in this fishery while taking intoaccount increased management costs accrued in other NSW fisheries (e.g. Estuary PrawnTrawl).

(c) Likely changes in patterns of investment (directly in fishing as well as in associated businessessuch as processing facilities and slipways) on a State and regional basis as a result ofimplementing the Draft FMS.

(d) Likely changes in employment in the fisheries on a State and regional basis as a result ofimplementing the Draft FMS.

(e) Likely changes in economic returns to fishers on an individual, regional and State basis as aresult of implementing the Draft FMS.

(f) Estimate the likelihood of any new markets being developed for bycatch species and thelikelihood the fishery could increasingly target these species if new markets are developed.

(g) The impacts to seafood markets of any changes in seafood supply as a result of the Draft FMSwhile taking into consideration changes caused by other Fishery Management Strategies andmajor initiatives such as the implementation of recreational fishing havens.

(h) Summarise the change in risks to the economic viability of the fishery from the managementchanges described in the Draft FMS taking into consideration the likelihood/frequency ofimpacts and the consequence of the impacts occurring.

4. SOCIAL ISSUES

4.1 Fishers social capital

(a) Identify any likely changes in social impacts (on fishers, their families or any local communities)as a result of implementing the Draft FMS.

(b) Assess whether the level of job satisfaction among commercial fishers is likely to change as aresult of the management measures in the Draft FMS.

(c) Outline the likely employment fate of any fishers exiting the industry as a result ofimplementation of the Draft FMS.

(d) Assess whether the risk of social impacts are changed (and the magnitude of this change) bythe management measures in the Draft FMS.

4.2 Health and safety

(a) Outline changes to the health risks to fishers and related workers (e.g. processors of product)from current practices/methods by the management measures in the Draft FMS.

(b) Outline changes to consumer health risk by the management measures in the Draft FMS.

(c) Summarise changes in the overall health and safety risk to fishers, related workers andconsumers from management measures in the Draft FMS taking into consideration thelikelihood/frequency of impacts and the consequence of the impacts occurring.

4.3 Indigenous peoplesIdentify the impacts of the Draft FMS on:

(a) The interests of Indigenous people in the resources harvested by the fisheries and in habitatsthat may be impacted by the fishery.

(b) Any important Aboriginal heritage sites/places likely to be affected by fishers operating withinthe fisheries.

(c) Traditional fishing and access to fisheries resource.

(d) Involvement of Indigenous peoples in the existing commercial fisheries.

(e) Government policies on Indigenous fishing, including the NSW Indigenous Fisheries Strategy.

(f) Summarise the overall risk to Indigenous people from the management measures in the DraftFMS taking into consideration the likelihood/frequency of impacts and the consequence of theimpacts occurring.

4.4 European heritage sitesIdentify the impacts of the Draft FMS on:



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(a) Any shipwreck sites or other sites of historic heritage that are/were affected by fishing activities.

(b) Summarise the overall risk to European heritage sites from the management measures in theDraft FMS taking into consideration the likelihood/frequency of impacts and the consequenceof the impacts occurring.

5. PERFORMANCE REPORTING, MONITORING AND RESEARCH

(a) Evaluate the likely effectiveness of performance reporting and monitoring to provide theappropriate information for monitoring the ecological, economic and social impacts of the DraftFMS.

(b) Evaluate the likely effectiveness of the research plan to identify and prioritise research to meetsignificant knowledge gaps for the sustainable management of the fishery under the Draft FMS.

F JUSTIFICATION FOR DRAFT FMS

Provide a clear and sufficient discussion demonstrating that the selection of the preferred options inthe Draft FMS is justified. Specifically, justify the carrying out of the fishing activity as described inthe Draft FMS, having regard to biophysical, economic and social considerations, including theprinciples of ESD:

(a) the preferred management objectives;(b) the preferred suite of management actions in the strategy;(c) the preferred resource access and allocation approach.



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APPENDIX 1 Relevant Acts, Authorities and Regulatory Provisions.

Act Relevant Authority Regulatory provisions

NSW Legislation

Fisheries Management Act1994

NSW Fisheries Fishing authorisations, fishing closures, declarationand management of aquatic reserves, protection ofcertain fish including threatened and protectedspecies.

Environmental Planning andAssessment Act 1979

Department of Planning(PlanningNSW) andLocal Councils

Administration of the environmental impactassessment and project approval system.Development of environmental planning instrumentswhich may protect wetlands or certain other areas.

Marine Parks Act 1997 Marine Parks Authority Declaration and management of marine parks

National Parks and WildlifeAct 1974 and ThreatenedSpecies Conservation Act1995

National Parks andWildlife Service

Declaration and management of nature reserves andnational parks, protection of certain mammals, birdsand foreshore species including threatened andprotected species

Port Corporation andWaterways Management Act1995

Waterways Authority orrelevant Port Corporation

Use of ports, wharfs, berths, moorings etc,licensing of vessels and maintenance of safenavigation in waterways

Crown Lands Act 1989 andRivers and Water Act 2000/Foreshores Protection Act1948

Department of Land andWater Conservation

Use of Crown land for wharfs, berths or mooringsand protection of river, estuary and coastalforeshores.

Food Production (safety) Act1998

Safefood Fish products safe for human consumption

Commonwealth Legislation

Environment Protection andBiodiversity Conservation(EPBC) Act 1999

Environment Australia Environmental Assessment of matters of NationalSignificance including those affecting protected orthreatened species, Ramsar wetlands, bird andmammal species protected under internationalagreements



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APPENDIX 2 Glossary.

Associatedand/or dependentspecies

Species associated with or dependent upon harvested species, for example species whichare predator or prey of the harvested species.

Biologicaldiversity,biodiversity

The variability among living organisms from all sources (including marine and other aquaticecosystems and the ecological complexes of which they are part). Includes 1) diversitywithin species and between species; and 2) diversity of ecosystems.

Bycatch Species that are discarded from the catch or retained for scientific purposes, and that partof the “catch” that is not landed but is killed as a result of interaction with fishing gear. Thisincludes discards of commercially valuable species.

Designatedfishing activities

As defined in the Fishery Management Act, are:• Category 1 Share Management Fisheries including abalone fishery and the lobster

fishery• Category 2 Share Management Fisheries including ocean prawn trawl fishery, ocean

fish trawl fishery, ocean hauling fishery, ocean trap and line fishery, the estuarygeneral fishery and the estuary prawn trawl fishery.

• Charter boat fisheries• Recreational fisheries• Fish stocking• Shark meshing, and• Other fishing activities proclaimed by the Governor on the recommendation of the

Minister for Fisheries to be designated fishing activities.

Discards Are those components of a fish stock thrown back after capture. The level of discardmortality is highly variable between species and fisheries

Ecologicallysustainabledevelopment,ESD

Ecologically sustainable development, ESD, is using, conserving and enhancing thecommunity’s resources so that the ecological processes, on which life depends, aremaintained and the total quality of life now and in the future, can be increased (NationalStrategy for ESD, Council of Australian Governments 1992).

Ecologically sustainable use of natural resources means the use of components ofbiological diversity in a way and at a rate that does not lead to the long term decline ofbiological diversity and to sustain natural processes within their capacity while maintainingthe life-support systems of nature thereby maintaining their potential to meet the needs andaspirations of future generations.

A sustainable fishery is consistent with ESD if that fishery conserves and enhances thecommunity’s resources so that the ecological processes, on which life depends, aremaintained and the total quality of life now and in the future, can be increased

Principles of Ecologically Sustainable Development1 The precautionary principle— Where there are threats of serious or irreversible

environmental damage, lack of full scientific certainty should not be used as a reasonfor postponing measures to prevent environmental degradation.In the application of the precautionary principle, public and private decisions shouldbe guided by:(a) careful evaluation to avoid, wherever practicable, serious or irreversible damage

to the environment, and(b) an assessment of the risk-weighted consequences of various options.

2 Intergenerational equity— the present generation should ensure that the health,diversity and productivity of the environment is maintained or enhanced for the benefitof future generations

3 Intragenerational equity- equity within a generation.4 Conservation of biological diversity and ecological integrity— conservation of biological

diversity and ecological integrity should be a fundamental consideration.5 Improved valuation, pricing and incentive mechanisms—

(a) environmental factors should be included in the valuation of assets and services,(b) polluter pays— those who generate pollution and waste should bear the cost of

containment, avoidance or abatement,(c) the users of goods and services should pay prices based on the full life cycle of



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costs of providing goods and services, including the use of natural resourcesand assets and the ultimate disposal of any waste,

(d) environmental goals, having been established, should be pursued in the mostcost effective way, by establishing incentive structures, including marketmechanisms, that enable those best placed to maximise benefits or minimisecosts to develop their own solutions and responses to environmental problems.

Ecologicallyrelated species

Species which, while not associated with or dependent upon a harvested species,nevertheless are affected by the fishing operation.

Ecologicallyviable stock

Ecological viable stock has a general rather than a specific meaning. It refers to themaintenance of the exploited population at high levels of abundance designed to maintainproductivity, provide margins of safety or error and uncertainty and maintain yields over thelong term in a way that conserves the stock’s role and function in the ecosystem.

Ecosystem The biotic (living) community and its abiotic (non-living) environment.

Fish Fish are marine, estuarine or freshwater fish or other aquatic animal life at any stage oftheir life history (whether alive or dead) and include oysters and other aquatic molluscs,crustaceans, echinoderms, and beach worms, and other aquatic polychaetes. Fish doesnot include whales, mammals, reptiles, birds or amphibians.

Fishstock/resources

Means the living resources in the community or population from which catches are taken ina fishery. Fish stock may include one or several species of fish but may also includecommercial invertebrates and plants. Recruits to a stock are the young fish entering theexploited component of the stock for the first time.

Fishery A unit determined by an authority or other entity that is engaged in raising and /orharvesting fish. Under the Fisheries Management Act 1994, fishery is a class of fishingactivity identified by reference to any one or more of the following: species or class of fish,area of water or seabed, method of fishing, class of boats, class of persons and purposeof activities.

Key secondaryspecies

A species that is not the principal target species in a fishery, but is captured, retained andmarketed instead of being discarded. A key secondary species may also be called abyproduct species. In multi species fisheries (e.g. trawl fisheries), the catch of keysecondary species may be critical for the economic viability of fishing businesses.

ManagementAdvisoryCommittee (MAC)

MACs have been established for each share management or restricted fishery. Membersare elected by the commercial fishers of the fishery or appointed by the Minister. The MACadvises the Minister on the fishery matters including the preparation of regulations ormanagement strategy, monitors their implementation and assists in reviewing theregulations or strategy.

Fishing activity Fishing activity is the activity of taking fish and includes: searching for fish, any activitylikely to result in locating, aggregating or taking of fish or carrying fish by boat from theplaces where they are taken to the place where they are to be landed.

Fishing effort Represents the amount of fishing gear of the specific type used on the fishing groundsover a given unit of time eg hours trawled per day, number of hooks set per day or numberof hauls of a beach seine per day

FRCAC The Fisheries Resource Conservation and Assessment Council is a statutory bodyappointed by the Minister for Fisheries that will advise on the preparation, review andassessment of fishery management strategies.

Managementregime

In this document, refers to the policies, plans, action plans, strategic research plans, andall documentation that relates to the operations and management of the fishery.

MinisterialAdvisory Council

Ministerial Advisory Councils for commercial, recreational, research and aquaculturesectors are appointed by the Minister to advise him on any matter relating to the sector forwhich the council has been established.

Overfishing can be defined in two ways which can act independently or concurrently:

“recruitment overfishing”, where fishing activities are causing a reduction in recruitment insucceeding years and cause the mortality of too many fish in total, too many pre-productive fish, or too many fish that have only spawned a few times. The end result isthat the stock can no longer replenish itself adequately.

“growth overfishing”: where fishing activities lead to a reduction in the size of theindividuals of a species, as a consequence of which few specimens grow to the size for



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optimum yield.

Precautionaryrecovery strategy

management and operational strategy, designed to increase numbers within the stock, thatincorporates the precautionary approach and includes mechanisms to avoid or mitigateadverse ecosystem effects.

Protectedspecies

are species protected under the NSW legislation (FM Act or NPW Act) or Commonwealthlegislation (Environment Protection and Biodiversity Conservation (EPBC) Act)

Productivity when applied to fish stocks the term productivity gives an indication of the birth, growthand death rates of a stock.

Stock In the strict sense, a distinct, reproductively isolated population. In practice, a group ofindividuals of a species in a defined spatial range that is regarded as having a relatively lowrate of exchange with others of the species.

Threatenedspecies,populations orecologicalcommunities

Are listed as vulnerable, endangered or presumed extinct under the FM Act 1993 orThreatened Species Conservation Act 1995 or Environment Protection and BiodiversityConservation (EPBC) Act.



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APPENDIX 3 The Eight-Part Test.

The “8 Part Test” under s5A of the EP&A Act must be used by the determining authority indeciding whether there is likely to be a significant effect on threatened species, populations orecological communities or their habitats. The 8 Part Test provides guidance on determiningwhen a species impact statement (SIS) is required. An SIS must accompany any proposalwhere there is likely to be a significant effect on threatened species, populations or ecologicalcommunities or their habitats. The questions constituting the 8 Part Test are as follows:

(i) In the case of a threatened species, whether the life cycle of the species is likely tobe disrupted such that a viable local population of the species is likely to be placedat risk of extinction;

(ii) In the case of an endangered population, whether the life cycle of the species thatconstitutes the endangered population is likely to be disrupted such that theviability of the population is likely to be significantly compromised;

(iii) In relation to the regional distribution of the habitat of a threatened species,population or ecological community, whether a significant area of known habitat isto be modified or removed;

(iv) Whether an area of known habitat is likely to become isolated from currentlyinterconnecting or proximate areas of habitat for a threatened species, populationor ecological community;

(v) Whether critical habitat will be affected;(vi) Whether a threatened species, population or ecological community, or their

habitats, are adequately represented in conservation reserves (or other similarprotected areas) in the region;

(vii) Whether the development or activity proposed is of a class of development oractivity that is recognised as a threatening process; and

(viii) Whether any threatened species, population or ecological community is at the limitof its known distribution.



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APPENDIX 4 Extract from Section 7E of the Fisheries Management Act

The Fisheries Management Strategy is to:

1. Describe the objectives of the Strategy

2. Describe the designated fishing activity

3. Outline any likely interaction of the designated fishing activities with other fishing activities

4. Outline the fishing regulatory controls or proposed fishing regulatory controls which apply tothe designated fishing activity including:

(a) Provisions in the Fisheries Management Act or Regulations(b) Any management plan or draft management plan(c) Fishing closures under section 8 of the FM Act(d) Fishing approvals(e) Any determinations of the TAC Committee under Division 4 of Part 2 of the FM Act(f) Policies approved by the Fisheries Minister(g) Any relevant provisions in environmental planning instrument

5. Identify performance indicators to monitor whether the objectives of the strategy are beingachieved

6. Describe how the designated fishery activity is to be monitored

7. Specify at what point a review of the strategy is required when a performance indicator is notbeing satisfied.



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APPENDIX 5 Fishery Management Tools

Limited access regimes can be used to limit entry to participants in a particularfishery or part of a fishery. They usually include eligibility rules and rules relating tothe transfer of entitlements.

Limiting who hasaccess

Restructuring programs can provide a concentrated or focused change inmanagement procedures to achieve an accelerated change in expected outcomes5.These may include minimum entitlement holdings, buy back schemes andrestructuring through transferability programs.

Fishing closures which restrict commercial and/or recreational fishing for a specifiedperiod of time, any fishing or fishing for certain classes of fish in any waters or fromspecified waters.

Recreational fishing havens which are a form of fishing closure may givepreferential fishing rights to recreational fishers and may partly or totally restrictcommercial fishers

Limiting whereand when thefishing can occur

Recognised fishing grounds are areas used regularly or intermittently for net fishingby commercial fisheries and which have been mapped and approved by the Directorand where commercial net fishers are given priority under clause 105 of the FMRegulation.

Gear restrictions limit the size and type of gear (in possession or that can be usedto take fish) such as size and number of nets/traps/lines/etc, mesh or sizeconfigurations,

gear design, and marking of gear

Input controlslimiting theequipment used totake fish

Boat controls limit the size and engine capacity of boats

Total allowable catch (TAC’s) is a specified total catch for a share managementfishery determined by an independent Total Allowable Catch Committee fished on acompetitive basis or by people holding individual quotas.

Species size limits restricts the minimum size, maximum sizes or range of sizesspecified for fish of a particular species that can be landed (by measurement orweight);

Bag limit is the maximum quantity of fish of a specified species or of a specifiedclass that a person may take on any one day. – daily limit.

Possession limit is the maximum quantity of fish of a specified species or specifiedclass that a person may have in possession in any specified circumstances

Protected fish are certain species of fish completely prohibited from being in aperson’s possession.

Protected fish from commercial fishing are certain species of fish completelyprohibited from commercial fishing and from taking for sale.

Output controlslimiting theamount and type offish able to belanded

Quality assurance controls are the controls on the harvest of shellfish such asmussels and pipis to protect health

Protected or threatened species, populations and ecological communities and

their habitats (eg fish, aquatic vegetation, marine mammals, platypus, birds etc).listed under the FM Act, NPW Act or EPBC Acts.

Marine protected areas in estuarine or oceanic areas managed to conservebiodiversity and habitat. These include aquatic reserves, marine parks and marinecomponents of national parks and nature reserves (Note: fishing restrictions mayonly apply in certain zones in marine parks and aquatic reserves)

Protection ofecosystems

Planning controls in Environmental Planning Instruments (eg LEPs, SEPPs) underthe EP&A Act that could limit where fishing could occur and /or protect foreshorevegetation and wetlands from disturbance or destruction.

5 Definition extracted from Metzner, R. & Rawlinson, P. (1998) Fisheries Structural Adjustment: towards a national framework.Commonwealth Department of Primary Industries and Energy, Canberra, p.2.



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