Further copies of the report are available from the Department of Fisheries or on its website. One of the key entry criteria for the wetland fishery must be fishing history prior to the November 3, 1997 benchmark date.
RECOMMENDATIONS OF THE COMMITTEE
The Minister of Fisheries must publicly explain any deviation from the recommendations or advice of the Integrated Fisheries Allocation Council. The recommendations or advice of the Integrated Fisheries Allocation Council to the Minister of Fisheries must be made public at the time they are submitted to the Minister.
INTRODUCTION
- Background
- Membership of Committee
- Terms of reference
- Overview of process and submissions
The Ministry of Fisheries also set up a reference group, consisting of representatives of key user groups (Appendix B), to provide a panel with which the committee could discuss ideas. WA Fishing Industry Council (WAFIC), Recfishwest, Recreational Fishing Advisory Committee (RFAC), Conservation Council of WA, Aquaculture Council of WA (ACWA) and the Department of Fisheries all provided additional, more focused submissions on wider management and allocation/re-allocation issues to the committee .
CURRENT MANAGEMENT FRAMEWORK
Fish Resources Management Act 1994 – objectives and framework
Under the broad framework of the FRMA, the Department of Fisheries uses a range of tools to control fishing activities, including management plans, regulations, orders, notices and exemptions. However, it is in fact a compilation of the rules governing commercial fishing (eg authorisations, fishing capacity, rights, closures and gear limits).
Inter-jurisdictional arrangements
For these fisheries, WA's management jurisdiction extends beyond the normal three-mile limit to the edge of the Australian Fishing Zone. However, there are some fisheries where management within and outside the three-mile limit has been devolved to the Commonwealth.
Ecologically Sustainable Development – a new framework
They go beyond the sustainability requirements of the target stocks and the fishery itself to examine the direct and indirect impact on the environment, including the wider ecosystem. This is likely to change the nature of reporting, not in terms of the fish caught by the commercial fishery, but increasingly the interaction with recreational and other users and, more importantly, around the impact of fishing on the environment and ecosystem in general.
THE NEEDS/REQUIREMENTS FOR EACH STAKEHOLDER
- General
- Commercial
- Security of access
- Business flexibility
- Compensation
- Recreational
- Opportunity
- Diversity of experience
- Access
- Intergenerational equity
- Aboriginal
- Conservation
- Pearling and aquaculture
- Other stakeholders
They believe that if the government intentionally shifts access to resources from the commercial sector to the benefit of other user groups (ie re-demands existing use), compensation should apply. Future generations will seek access to recreational fishing of at least the same quality as they have today. Currently, the needs of Aboriginal communities in relation to customary and subsistence fisheries have not been explicitly recognized by the Government.
The conservation sector argued that wider ecological requirements should be included in the calculation of the sustainable catch (which is then used as a basis for allocations to consumptive user groups) or a specific allocation set aside (once the theoretical allowable catch has been determined) to to meet these requirements. More generally, aquaculture and other user groups compete for space resulting from this sector's requirement of access to quality protected waters.
KEY MANAGEMENT ISSUES
- Property rights
- Information to support management decisions
- Sustainable management
- Socio-economic factors
- Management objectives for each fishery
- Basis for determining allocations of shares
- Consideration of wider interests in management
- Coastal and marine planning
- Comparisons between user groups
- Market-based systems
- Effective management of finfish catch
To go beyond this, in the Committee's view, is to go beyond its terms of reference. However, undue emphasis on rights in the case of each user will lead to the loss of the flexibility needed for an integrated approach. Input from key user groups and the general public is essential if the fishery is to be managed in the best interests of the Western Australian community.
The Ministry of Fisheries' submission to the committee highlighted that there was considerable disagreement about how to compare the relative benefits of resource allocation between sectors. These should be addressed by the Ministry of Fisheries in consultation with stakeholders under the 'wet line'.
REQUIREMENTS OF A NEW FRAMEWORK
Guiding principles for allocation
One of the key issues raised by the main user groups was the need for a clear understanding of the basis on which decisions will be made. On this basis, the Committee proposes that the following set of principles be adopted to provide general guidance for allocation decisions. i) Fish resources are common property managed by the government for the benefit of present and future generations. ii) Sustainability is paramount and ecological requirements must be considered before any allocation to user groups. iii). A sustainable target catch level should be set for all fisheries and specific allocations should be allocated to each user group. v) Allocations to user groups must take into account the total mortality of fish resources resulting from the activities of each group, including bycatch and mortality of released fish. you).
The total catch for all user groups must not exceed the sustainable catch target. User group assignments should generally be made on a proportional basis to account for natural variations in fish populations.
PROPOSED NEW FRAMEWORK FOR THE INTEGRATED
Allocation of the resource
- Integrated Fisheries Allocation Council
- Role
- Composition
- Advisory bodies
- Council process for determining allocation
- Transferring allocation between groups and compensation
Independence requires that neither the council nor its chairman is subject to the minister's guidance in the advice it provides. Accountability requires that the Minister is responsible for all decisions made on the advice of the Council. The Committee considers that these obligations should be extended to include any direction given by the Minister to the Council.
In any case, as follows from the next heading 'Consultative bodies', the Council will be assisted by other consultative bodies in which sectoral interests will be represented. The Committee recognizes that administrative changes in allocations can have a significant impact on the commercial fishing industry, both in terms of investment confidence and as an incentive for commercial license holders to 'care' for the resource to protect their investment.
Management of each sector within determined allocations
Plans have been developed for the Gascoyne and West Coast regions, but have not yet been implemented. A regional framework already exists for the management of the fishing and aquatic eco-tour or 'charter' industry serving the recreational sector. The development of more definitive management arrangements for the commercial fishing industry is also essential to complement the recreational changes.
The media release noted: "No wet-line fishing after this date will be taken into account when developing new arrangements for the fishery". Appropriate management structures should be put in place for each user group which enables the catch of each group to be kept within its prescribed allocation.
Transitional Arrangements
- Establishing baselines of existing catch ranges
Despite the passage of time since the initial announcement, the Committee believes that the November 1997 criterion should remain one of the primary criteria for access to the wetland fishery. The Aboriginal sector and passive users of the resource may have reasons to argue that their requirements have been influenced over many years with little consideration by management authorities. Recfishwest argues that past management decisions have influenced current use by user groups and in most cases this has not necessarily been done in an explicit manner, therefore the resulting shifts may be inappropriate and not reflect the best use of the resource.
Each user group within each fishery should continue to be managed within the existing catch areas pending a formal assessment under the new allocation process. The Committee makes no claim that the current baselines are "correct" or that they represent the optimal use of the resource.
RESOURCING REQUIREMENTS FOR AN INTEGRATED
Current funding
Funding issues
The need for more intensive management of fish stocks is an urgent and growing issue, and has been one of the main drivers for a shift towards integrated management. Initially, the requirements will need to focus on obtaining baseline data to better understand current levels of fishing by user groups, the status of stocks and determine sustainable catch levels. There will also be some additional costs in terms of the operation of the Integrated Fisheries Allocation Board and the allocation processes.
The Committee strongly believes that it is essential that funding issues are addressed for the operation of an integrated management system and for the sustainable management of fish stocks. The Committee sees the strength of the argument that this cannot be achieved within the existing funding structure for fisheries management in WA.
Funding requirements
- Critical information on status and performance of fisheries
- Monitoring and enforcement
- Council operating costs
- Allocation adjustment
- Representation
As WA will be one of the first to introduce a fully integrated management system, it has not been possible for the Committee to make comparisons with spending in other jurisdictions. In addition, it should be recognized that the physical dimension of the WA coastline is an important factor in the cost of management, particularly in terms of research, consultation, monitoring and enforcement. To establish an effective management system, it is essential to have a sound scientific understanding of the dynamic nature of fish stocks and how they respond to changes in exploitation.
The costs of the processes proposed in this report will depend somewhat on the priority given to the various fisheries to be considered by the Council, and the availability of information to enable the Council to undertake its task. Potential regulatory funding requirements will depend on the value of the fishery and the level of adaptation required.
Sources of funding
- Commercial cost recovery
- Recreational cost recovery
- Increased government contribution from the Consolidated Fund
- Acknowledgement
Sustainable Fisheries (1992) Report of the Fisheries Task Force to the Minister for Fisheries on the Review of Fisheries Legislation. Restructuring the Department of Fisheries and CFCs to reflect integrated management – possibly state managed (export fisheries) and community benefit fisheries. 12 Report of the Rock Lobster Industry Advisory Committee to the Honorable Minister for Fisheries, 24 September 1987.
59 Proceedings of the charter boat management workshop (held as part of the 1st National Fisheries Manager Conference). 82 The impact of the new management package on smaller operators in the western rock lobster fishery R. 103 Future management of the water sports charter industry in Western Australia by the Tour Operators Fishing Working Group (September 1997).
A discussion paper prepared by Kevin Donohue on behalf of the Rock Lobster Industry Advisory Committee.
