Torres Strait Prawn Fishery Export Accreditation

September 2016

This report has been prepared by AFMA for consideration by the Department of the Environment and Energy in relation to the exemption of the Torres Strait Prawn Fishery from export controls under the Environment Protection and Biodiversity Conservation Act 1999. 1 Introduction Environmental sustainability of fisheries is a primary goal for all stakeholders and managers. The Department of Environment and Energy strategic assessment process is a key part of the work required to meet fisheries sustainability objectives. All Torres Strait fisheries within the area of Australian jurisdiction and managed under the Torres Strait Fisheries Act 1984 (TSF Act) are assessed by the Department of Environment and Energy.

The Torres Strait Prawn Fishery (TSPF) was last declared an approved Wildlife Trade Operation (WTO) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) on 13 March 2013 for a period of three years. An extension has been granted until 4 August 2017. A copy of the letter to AFMA, including conditions and recommendations can be found on the Department of Environment and Energy website (www.environment.gov.au). This assessment report for the TSPF has been prepared by the Australian Fisheries Management Authority (AFMA) as part of the Protected Zone Joint Authority’s (PZJA) obligations under the EPBC Act and provides for assessment under the WTO and protected species provisions of the EPBC Act.

Contact details Ms Lisa Cocking Mr Paul Ryan Senior Management Officer Manager Torres Strait Prawn Fishery Environment AFMA AFMA Ph: 02 6225 5409 Ph: 02 6225 5366 Fax: 02 6225 5500 Fax: 02 6225 5446

2 Description of the Fishery The TSPF is a multi-species prawn fishery which operates in the waters between Australia and Papua New Guinea (PNG) (approximately 8,000 km² or 20% of the area of the Torres Strait Protected Zone (TSPZ) in the eastern part of the Torres Strait. There are a number of spatial and temporal closures in the fishery to protect sensitive areas, such as spawning sites at important times of year (Figure 1). Brown Tiger Prawn (Penaeus esculentus) and Blue Endeavour Prawn (Metapenaeus endeavouri) are the key target species, with Red Spot King Prawn (Melicertus longistylus) taken as by-product. The TSPF is one of the most valuable commercial fisheries in the Torres Strait, with a GVP of $9.5 million in 2014-15.

Prawn harvesting occurs at night, using the otter trawl method. The majority of boats use a quad trawl configuration, which involves towing four trawl nets. The TSPF has restrictions on the type of gear and vessel that can be used, such as restrictions on net length and boat size. There is a mandatory requirement for all nets to be fitted with an approved Turtle Excluder Device (TED) and Bycatch Reduction Device (BRD) (see Fisheries Management Instrument numbers 47, 71, 81 and 82 on the PZJA website for details). The TSPF fishing season commences on 1 March and closes on 1 December each year.

The prawn stocks within the fishery are straddling stocks between PNG and Australian waters. The PNG and Australian Governments cooperate to manage the stocks through annual bilateral fisheries meetings. There is currently no fishing

2 activity undertaken by PNG operators within the PNG and Australian jurisdictions. Australian operators currently only harvest prawns in the Australian jurisdiction.

Within the Australian area of waters there is a limit of 61 Australian boat licences and 9,200 units of fishing capacity. The 9,200 units are shared between PNG and Australia, with 6,867 units allocated to Australian TSPF boat licence holders and 2,333 units reserved for use by PNG, which is in line with the requirements of the Torres Strait Treaty. Units of fishing capacity are converted into an annual use entitlement in the form of fishing days based on the maximum sustainable yield (MSY) for the Tiger Prawn stock. The Total Allowable Effort (TAE) for the TSPF is currently set at 9,200 days for the 2016, 2017 and 2018 seasons. All future TAE limits for the TSPF will be based on the decision rules within the TSPF Harvest Strategy 2011. Historically, PNG has chosen not to use its allocation of days. Approximately 25-35% of the 9,200 days were fished by Australian operators in the 2014 and 2015 fishing seasons.

2.1 Protected Zone Joint Authority The TSPF is managed by the PZJA. The PZJA comprises of the Commonwealth and Queensland ministers responsible for fisheries and the Chair of the Torres Strait Regional Authority.

The TSPF is managed under the TSF Act, the Torres Strait Prawn Fishery Management Plan 2009 (the Plan), other legislative instruments and policy. The TSF Act and the Plan provide objectives which are to be pursued in managing the fishery and require a balance of managing fisheries sustainably, cost effectively and for optimum utilisation. In addition to this, the PZJA is required to have regard to the rights and obligations conferred on Australia by the Torres Strait Treaty, in particular the protection of the traditional way of life and livelihood of the Traditional Inhabitants, including the capacity to engage in traditional fishing. Further details of the legislation underpinning the fishery can be found at www.pzja.gov.au.

3 Management

3.1 Changes to management arrangements

Season dates In 2016, the fishing season dates changed to a 1 February season opening (instead of 1 March), extending the season by one month, while the total allowable effort (number of fishing days) for the fishery has remained the same. This measure simply allows fishers to commence fishing earlier in the season.

3 TSPF Management Plan

In 2015, AFMA and the Torres Strait Prawn Management Advisory Committee (TSPMAC), reviewed the Plan, with the aim to ensure the provisions of the Plan remain current and accurate, operationally flexible in areas of low risk and provide clarity in dealing with access to the fishery. The majority of amendments are proposed to simplify wording of some provisions, correct drafting errors (including the date of the Plan) and removing other provisions which are no longer applicable or have been replaced by other legislative instruments. The amendments either correct administrative errors from the original draft or remove redundant provisions.

A key proposed amendment is to provide for cancellation of units of fishing capacity in the fishery that are surrendered or for which a levy is not paid.

The proposed changes to the plan are not such that there would be an impact on the sustainability of the fishery or greater level of interaction with the environment.

4 Figure 1. Torres Strait Prawn Fishery area, including permanent closures (hashed areas).

5 3.2 Management and consultative process In 2015, AFMA took over the responsibilities for placement of traditional inhabitant representatives on the PZJA consultative forums, including the TSPMAC. In the past, representatives were nominated by the TSRA. Traditional inhabitant members are now elected by their peers. There are still four traditional inhabitant members on the committee as well as the fisheries portfolio member from the TSRA Board. This change was made to improve ownership of the role of representation on the Torres Strait Committees. It is essential that people who undertake the traditional inhabitant roles have expertise and drive, and also carry the respect and confidence of the Torres Strait community. This will ensure that the views and aspirations of Torres Strait Islander and Aboriginal people of the region are well represented and considered in the forums of the PZJA. This change does not negatively impact, but could improve, sustainability and management of the fishery.

Further detail on the TSPF consultative processes Consultation in the TSPF takes place largely through the TSPMAC. The TSPMAC is made up of commercial non Traditional Inhabitant industry members, Traditional Inhabitants (i.e. Torres Strait Islanders) and State and Commonwealth Government representatives, who actively participate in the development of management arrangements (including Fisheries Queensland, AFMA and the TSRA). Industry and Traditional Inhabitant members on TSPMAC are representatives of the larger commercial industry and Traditional Inhabitant stakeholder groups. TSPF licence holders are made aware of the consultation processes through the TSPF handbook, including how to voice their views through the TSPMAC industry members. The TSPMAC provides the forum where issues relating to the fishery are discussed, problems identified and possible solutions developed. The TSPMAC advises the PZJA, through the PZJA Standing Committee on management issues for the fishery to assist the PZJA in decision making.

The PZJA Standing Committee is made up of the CEO of AFMA, the Deputy Director General of Fisheries Queensland and the General Manager of the TSRA and considers matters before they are presented to the PZJA.

Working groups are also formed when specialist advice is required, such as the Harvest Strategy Working Group which was used to develop the TSPF Harvest Strategy.

The PZJA receives research advice relevant to the Torres Strait fisheries from the Torres Strait Scientific Advisory Committee (TSSAC). TSSAC is also responsible for identifying information needs and research gaps, developing a strategic research plan, soliciting/reviewing research proposals and reports, reviewing/assessing fisheries stock assessments, and advising on the effective delivery of research results.

The TSSAC, which is comprised of research organisations, fisheries managers, Traditional Inhabitants and industry, also advises the TSPMAC on scientific issues associated with TSPZ fisheries.

6 3.3 Description of cross-jurisdictional management arrangements The TSPF is a cross-jurisdictional fishery sharing the prawn stock with PNG. The Torres Strait Treaty (the Treaty) was ratified in 1985 and details the sovereignty and maritime boundaries in the area between Australia and PNG. The Treaty establishes the TSPZ and aims to protect the traditional way of life and livelihood of the Traditional Inhabitants of the Torres Strait and adjacent coastal areas of the two countries. Australia and PNG have an obligation to cooperate in the conservation, management and utilisation of the TSPZ fisheries and both countries enjoy sovereign rights within the TSPZ. This includes the right to a share of the commercial harvest of swimming fish and sedentary species on the respective sides of the agreed fisheries and seabed jurisdiction lines.

4 Research and Monitoring

4.1 Sustainability assessment for trawl bycatch in the TSPF An alternative bycatch study (to the ERA) was undertaken by Dr Roland Pitcher in 2005 and updated in 2013. This update showed a comparison of bycatch biomass between the two studies.

More information is available under section 8.2 of this report. A full report is available on the PZJA website (Sustainability assessment for trawl bycatch in the TSPF).

Other monitoring programs used to gather information in the TSPF A comprehensive set of monitoring programs are in place to gather information in the TSPF. These include:

Logbooks It is mandatory for all Torres Strait prawn operators to complete logbooks. Logbooks collect information on gear design, including TEDs and BRDs. Catch and effort data is also collected and used to monitor the level of harvest and the status of the prawn stocks. There is also a mandatory requirement to record all interactions with Threatened Endangered and Protected species in the logbooks.

There is a requirement for logbooks to be submitted to AFMA within two weeks after returning to port or two weeks after the season closes on 1 December. This information is used to analyse the annual and historical performance of the TSPF. The data analysis includes:  catch per unit effort;  total catches throughout the season;  actual effort; and  catch and effort trends.

Vessel Monitoring System It is a licence condition that all vessels have a Vessel Monitoring System (VMS) fitted. VMS data is managed by AFMA and is used to monitor vessel activity and days fished in the fishery. VMS data is primarily used to monitor effort used by individual operators and ensure that the vessels do not fish in restricted areas of the TSPF. The PZJA also utilises this system to obtain up to date information on the total number of days fished during the season.

7 Observer Data Observer coverage in the TSPF is set at 2.6% of actual effort that occurs in the fishery each year. The primary objective of the TSPF observer program is to collect fishery dependent scientific data, predominately on bycatch and TEP species. In addition to this, biological information on commercial catch and by-product species and information on species of significance to the traditional sector is collected.

5 Catch data

5.1 Catch and effort Data in the TSPF Following a general downward trend from 2001 fishing effort stabilised at around 2,000 nights from 2012-2014 (Table 1). The 2011 fishing season was the year of lowest fishing effort and catches since 1989. In 2015, effort increased slightly to 2,832 nights. The decline in fishing effort after 2001 was mainly driven by increasing fuel prices and decreasing product value, making it less profitable to fish in this area, which is distant from the nearest primary port of Cairns. This effort has been achieved by a minimal number of boats (approximately 8-20 of a possible 61).

Table 1. Yearly totals since the 2005 effort reduction (t = tonnes). Hours Nights VMS All prawn Tiger (t) Endeavour King Year Trawled Fished (d) (t) (t) (t) 2005 63,300 5,966 6,957 1,311 651 594 51 2006 47,273 4,407 4,654 1,331 602 672 45 2007 51,398 4,832 5,218 1,137 582 503 47 2008 37,023 3,453 4,127 907 439 418 48 2009 19,435 2,165 2,599 547 348 178 17 2010 20,480 1,879 2,309 465 344 110 9 2011 14,613 1,309 1,663 283 204 74 4 2012 23,337 2,081 2,310 517 398 115 3 2013 22,061 1,993 2,240 528 420 103 4 2014 21,983 1,954 2,203 393 315 76 3 2015 31,361 2,832 3,263 716 542 161 11 Average (2010- 20,495 1,843 2,145 437 336 96 5 2014)

Average (1991- 103,678 9,781 1,806 659 1,087 56 2001) Emsy 9,197 MSY 676 1,044

8 Table 2. Total catch of target, byproduct and bycatch species in the TSPF for the 2013 to 2015 seasons. 2013 catch 2014 Catch 2015 catch Species (kg) (kg) (kg) Brown Tiger Prawns 420,007 314,518 559,795 King Prawns 4,146 2,776 6,840 Endeavour prawns 103,410 75,817 166,642 Bugs - Shovel nosed and 19,864 17,286 26,154 slipper lobsters Cuttlefish (mixed) 54 113 531 Moreton Bay bug 1,855 729 1,800 Octopus 100 104 45 Prawns (mixed) 285 333 2470 Squids 34 131 282

5.2 Catches of TSPF target species in other fisheries Tiger Prawns, Endeavour Prawns and King Prawns are also caught in the Northern Prawn Fishery (NPF). Tagging studies, indicate that these are different stocks and the home range of these species is thought to be small and mixing is unlikely. 6 Status of target stock The current stock assessment was undertaken in 2004 and reviewed in 2006 using catch and effort data. At the time of the assessment, the stock level was estimated to be at 74% virgin biomass (B74).

Until the stock assessment is updated, it isn’t possible to calculate an up to date estimate of the current biomass for the tiger prawn stock. However, given the persistent low level of effort in the TSPF since the estimate was developed and the high catch rates, PZJA agencies are confident the stocks remain at or above the same level of B74. As such, there is no sustainability concern for the prawn species.

PZJA agencies will continue to monitor catch rates as a stock indicator through the TSPF Harvest Strategy. If triggers within the Harvest Strategy are reached, PZJA agencies will reconsider updating the stock assessment. 7 Interactions with protected species It is mandatory for all TSPF vessels to have BRDs and TEDs fitted in their nets. Apart from sea snakes, there is a low level of interaction with protected species. A summary of interactions reported through the logbooks is detailed in Table 3.

Table 3. Summary of protected species interactions recorded in logbooks for TSPF vessels for the 2013-2015 seasons. Species common name Life status Total 2013 Total 2014 Total 2015 Sawfish Alive 1 1 0 Sawfish dead 0 0 1 Sawfish total Total 1 1 1 Turtles Alive 5 5 7 Frigatebird Alive 0 0 1 Seahorses & pipefishes Dead 20 2 6 Alive 1 0 1 Seahorses & pipefishes 8 21 2 Total

9 Seasnakes Alive 753 819 391 Dead 18 17 23 Injured 0 7 2 Unknown 433 494 257 Seasnakes Total 1204 1337 673

The majority of interactions with protected species in the TSPF occur with species of sea snakes. However there is a high survival rate and most individuals are discarded alive. PZJA agencies continue to monitor BRDs and is open to improving design where possible. The turtle excluder device requirements for the fishery are in the process of being updated to ensure the TEDs are aligned with the best practice international standards.

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

8.1 Results of any ecological risk assessments The Level 1 Scale Intensity Consequence Analysis (SICA) for the TSPF covered a total of 612 species: ten target, 14 by-product, 476 discard and 112 protected species occurring within the area of the fishery. Target, by-product, discard and protected species were all found to be at moderate or higher risk to the impacts of commercial fishing operations; however no higher level assessment has been completed for this fishery.

Due to a paucity of life history parameters for those species identified as occurring in this fishery the next level of Ecological Risk Assessment (productivity susceptibility analysis (PSA)) is not likely to produce particularly useful results as it is expected there will be a high number of ‘false positive’ outcomes. An alternative is to instead use other risk assessment methods or expert advice to select indicator species or species groups on which to focus management responses.

The risk of not completing a higher level ERA is considered low at this time, particularly given the low levels of effort in the fishery. When effort triggers within the Harvest Strategy are reached, PZJA agencies will reconsider undertaking the higher level ERA assessments.

The following species were identified as being the highest risk species encountered in the fishery area by Stobutzki et al. (2001):  Spot Fin Waspfish (Paracentropogan vespa);  Oriental Searobin (Dactyloptena orientalis);  Short Finned Waspfish (Apistops Caloundra);  Velvet Fish (Paraplotoactis trachyderma); and  Threadfin (Polydactlyus sheridani).

Unfortunately none of these species were identified in trawl surveys undertaken in 2004–2006 (Turnbull et al. 2007), however closely related species were reported. If effort in the TSPF increases, and triggers under the harvest strategy are reached, the TSPMAC will consider undertaking further ERA analysis. When the ERA process is progressed, the TSPMAC will need to consider which species list is most representative of the fishery and will constitute the priority species on which to focus management attention for this fishery.

10 8.2 Sustainability assessment for trawl bycatch in the TSPF Background As well as the ERA process which was undertaken AFMA wide, Dr Roland Pitcher undertook a sustainability assessment using sled sampling in the TSPF in 2005. The project provided up to date information on non-target species which may be affected by trawling by reviewing and updating the 2005 project “Seabed Mapping and Characterisation Project.

The 2013 update overlayed the current level of effort in the TSPF with the maps of seabed habitats and species and assemblage distributions from the previous project. This showed the potential impact that the TSPF may have on non-target species giving consideration to current levels and pattern of effort. It also provides an indicator for environmental sustainability of the TSPF, which was taken into account in making decisions for the fishery.

Discussion The updated assessment showed that environmental risks were substantially reduced from 2005 to what could be considered negligible levels in 2011 due to reduced area footprint of trawling and substantially lower effort. In 2005, two of nine habitat types had moderate to high exposure, whereas in 2011 exposure of all habitats to trawling was low. Trawling was not a statistically significant modifier of seabed habitat state in the TSPZ. In 2005, four of 12 species-assemblages had moderate to very high exposure to trawl grounds and three had moderate to extreme exposure to trawl effort swept-coverage — one assemblage differed by ~1% in high trawl effort areas — whereas in 2011, two assemblages had moderate to high exposure to trawl grounds and one had moderate exposure to effort coverage. In 2005, more than 50 species of the total 256 assessed had moderate to extreme exposure to trawl grounds and/or effort coverage, and of these, 19 had moderate to high estimates of annual catch of which two were extreme. In 2005, one species exceeded a limit reference point ( Maximum Sustainable Yield) and three species exceeded sustainability reference points. In 2011, fewer species (12) had moderate to high exposure to trawl grounds and only three had moderate exposure to effort coverage. Just one species had moderate annual catch and no species exceeded any reference points. This suggests that there are no sustainability concerns for bycatch or benthic species at the levels of trawl effort observed in 2011. For several additional species of interest to the traditional inhabitant sector, limited available information permitted simpler assessments suggesting that risk was low in each case.

While all assessed risks were negligible or minimal in 2011, it should be noted that effort has been at historically low levels since 2009. Effort levels peaked through the 1990s and have been declining since. The 2005 assessment was conducted when effort was about half of peak levels, but more than four-times greater than in 2011. Effort in 2005 was close to the Australian effort cap and to the estimated effort at Maximum Economic Yield cap if that target was adopted in future. Hence, the 2005 environmental assessment is reasonably indicative of the potential environmental risks if the fishery recovers to these levels. At such levels, trawl exposure would be higher than in 2011, and a few species were at risk in 2005. Consequently, should the fishery recover in future, it is likely that some management action may be required to ensure sustainability of all bycatch and benthos.

11 9 Progress in implementing recommendations and conditions resulting from the Department of Environment and Water Resource’s accreditation of the TSPF.

Wildlife Trade Operation 25 February 2012 – December 2016 Performance Criteria Level of Achievement as at September 2016 Deadline Condition 1: Operation of the Torres Strait Prawn The fishery has been operating under the Torres Strait Prawn Ongoing. Fishery will be carried out in accordance with the Management Plan since the 2009 fishing season. Torres Strait Prawn Fishery Management Plan 2009 in force under the Torres Strait Fisheries Act 1984, and the Torres Strait Fisheries Regulations 1985.

Condition 2: The Protected Zone Joint Authority The TSPF Management Plan is currently being amended. Ongoing. will advise the Department of Environment and Energy of any intended change to the Torres Strait The changes are mostly administrative and none will affect the Prawn Fishery’s management arrangements that sustainability of the fishery. could affect the assessment of the fishery against the criteria on which Environment Protection and Biodiversity Conservation Act 1999 decisions are based.

Condition 3: This report meets this condition. Ongoing. The Protected Zone Joint Authority to produce and present reports to the Department of Sustainability, Other annual TSPF reporting occurs through the: Environment, Water, Population and Communities  PZJA Annual Report; annually as per Appendix B to the ‘Guidelines for  Annual Torres Strait Prawn Handbook; and the Ecologically Sustainable Management of  AFMA Annual Report. Fisheries – 2nd Edition’.

12 Performance Criteria Level of Achievement as at September 2016 Deadline Recommendation 1: The TSPF Harvest Strategy was implemented in July 2011. Completed July 2011 Agencies of the Protected Zone Joint Authority to The Harvest Strategy outlines trigger points and decision rules set appropriate trigger points, after which data for ensuring the stock is being maintained at a sustainable level, validation systems will be reviewed for the Torres and for monitoring a move to MEY for the fishery. These triggers Strait Prawn Fishery. are also being used for this performance criteria.

Recommendation 2: AFMA continues to monitor trigger points within the harvest Ongoing. The Protected Zone Joint Authority to ensure that strategy and will take appropriate measures when and if these relevant risk assessments for bycatch species, are reached. habitats and ecosystems in the Torres Strait Prawn Fishery are undertaken when trigger points detailed in the ‘Torres Strait Prawn Fishery Harvest Strategy 2011’ are reached.

PZJA to continue to pursue a reduction in the PZJA agencies continue to monitor new BRDs as they are Ongoing. composition and volume of bycatch taken in the developed for possible use in the TSPF. TSPF through: Due to sustained low levels of effort in the fishery, PZJA  refining bycatch mitigation technology; agencies are not directly pursuing this, however continue to monitor changes in adjacent fisheries such as the QLD East Ongoing. Coast Otter Trawl Fishery and Northern Prawn Fishery for  investigating and implementing methods for progress. increasing the survivability of bycatch species; and The risks to bycatch associated with try nets is minimal due to their small size and minimal times these nets are in the water. Ongoing. PZJA agencies continue to monitor species caught in try nets  investigating and then mitigating any found through the AFMA observer program. impacts of not using BRDs on try nets.

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