East Coast Otter Trawl Fishery From 1 September 2019 identified as the East coast trawl fishery (see Schedule 2, Fisheries (Commercial Fisheries) Regulation 2019).

Status report for reassessment and approval under protected species and export provisions of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)

May 2021

This publication has been compiled by Fisheries , Department of Agriculture and Fisheries.

Enquiries and feedback regarding this document can be made as follows: Email: [email protected] Telephone: 13 25 23 (Queensland callers only) (07) 3404 6999 (outside Queensland) Monday, Tuesday, Wednesday and Friday: 8 am to 5 pm, Thursday: 9 am to 5 pm Post: Department of Agriculture and Fisheries GPO Box 46 BRISBANE QLD 4001 AUSTRALIA Website: daf.qld.gov.au

Interpreter statement

The Queensland Government is committed to providing accessible services to Queenslanders from all culturally and linguistically diverse backgrounds. If you need an interpreter to help you understand this document, call 13 25 23 or visit daf.qld.gov.au and search for ‘interpreter’.

© State of Queensland, 2021.

The Queensland Government supports and encourages the dissemination and exchange of its information. The copyright in this publication is licensed under a Creative Commons Attribution 4.0 International (CC BY 4.0) licence.

Under this licence you are free, without having to seek our permission, to use this publication in accordance with the licence terms.

You must keep intact the copyright notice and attribute the State of Queensland as the source of the publication.

Note: Some content in this publication may have different licence terms as indicated.

For more information on this licence, visit creativecommons.org/licenses/by/4.0.

The information contained herein is subject to change without notice. The Queensland Government shall not be liable for technical or other errors or omissions contained herein. The reader/user accepts all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using this information.

Contents

1 Introduction ...... 3 1.1 Queensland Sustainable Fisheries Strategy 2017-2027 - Progress of regulatory reform ...... 6 2 Brief description of the fishery ...... 8 3 Legislation and Advisory Bodies ...... 9 4 Key Management Controls ...... 9 4.1 Recent Management Changes ...... 11 4.2 Changes to commercial fishing rules ...... 12 4.2.1 Trawl ...... 12 4.2.2 Vessel tracking...... 13 4.2.3 Saucer scallop ...... 13 4.2.4 White spot disease restrictions ...... 15 4.2.5 Licence and Fishery symbols ...... 16 5 Catch and Effort ...... 17 6 Target, Byproduct and Bycatch Species ...... 22 6.1 Major commercial species ...... 23 6.1.1 Prawns ...... 23 6.1.2 Scallops ...... 23 6.1.3 bugs ...... 23 6.1.4 Squid ...... 23 6.1.5 Permitted species ...... 24 6.2 Bycatch ...... 25 7 Status of target stocks ...... 28 8 Research and Monitoring ...... 29 9 References ...... 32 10 Progress against conditions of approval Queensland East Coast Otter Trawl Fishery ...... 33 11 Progress against conditions of approval for Part 13 ...... 47 12 List of Appendices ...... 51 APPENDIX 1 ...... 52 APPENDIX 2 ...... 76 APPENDIX 3 ...... 77 APPENDIX 4 ...... 78 APPENDIX 5 ...... 79 APPENDIX 6 ...... 80 APPENDIX 7 ...... 81 APPENDIX 8 ...... 82 APPENDIX 9 ...... 83 APPENDIX 10 ...... 84 APPENDIX 11 ...... 85

Figures

Figure 1 - Quad otter trawl gear used in the ECOTF...... 9 Figure 2 - Effort (days fished) and catch (tonnes) for the ECOTF 1988–2019...... 18 Figure 3 - Percentage of total catch weight of principal otter trawl species groups (Source: Fisheries Queensland CFISH Database, 5 August 2020)...... 19 Figure 4 - Annual landed catches of principal otter trawl species, 2010–19 (Source: Fisheries Queensland CFISH Database, 5 August 2020)...... 19 Figure 5 - Nominal catch per unit effort (kg/day) of ECOTF principal species, 2010–2019 (Source: Fisheries Queensland CFISH Database, 5 August 2020)...... 20 Figure 6 - Effort (days fished) recorded in logbooks in the ECOTF regions of GBRMPA, Moreton Bay and Other East Coast 2010–2019...... 21 Figure 7 - Total Catch (tonnes) recorded in logbooks in the ECOTF regions of GBRMPA, Moreton Bay and Other East Coast 2010–2019...... 21 Figure 8 - Effort (days fished) and Number of Active Licences for the ECOTF 1988–2019 ...... 22 Figure 9 - Percentage of Predominant Permitted Species caught in ECOTF and Total Permitted Species Catch (t) 2010–2019...... 24 Figure 10 - Total Number of Interactions with Species of Conservation Interest (SOCI),Total Effort (days) and Number of Licences that recorded SOCI interactions in the ECOTF 2010–2019 ...... 27 Figure 11 - Total Number of Interactions with most commonly interacted SOCI species groups in ECOTF 2010-2019 ...... 28 Figure 12 - Total Number of Interactions with Species of Conservation Interest (SOCI) by Fate in ECOTF 2010–2019 ...... 28

Tables

Table 1 - East Coast Otter Trawl Fishery Overview ...... 1 Table 2 - Timeline for fishery reform processes in the East Coast Otter Trawl Fishery 2017–2022 ...... 4 Table 3 - Output controls on permitted species harvested in the ECOTF ...... 11 Table 4 - Preliminary results from the 2020 scallop assessment Southern Inshore Region (Region 3) ...... 15 Table 5 - Overview of the total number of active licences, effort (days fished) and catch (tonnes) for the whole ECOTF (M1, M2, T1, T2) from 1988–2019 ...... 16 Table 6 - Total retained catch (tonnes) and effort (days) by major individual species in the East Coast Otter Trawl Fishery (Source: Fisheries Queensland CFISH Database, 5 August 2020)...... 18 Table 7 - Total and individual species number of interactions with Species of Conservation Interest (SOCI) in the East Coast Otter Trawl Fishery 2010–2019 (Source: Fisheries Queensland CFISH Database, 5 August 2020)...... 27 Table 7 - SAFS classifications for East Coast Trawl Fishery species: ...... 29

East Coast Otter Trawl Fishery (ECOTF)

Table 1 - East Coast Otter Trawl Fishery Overview

Feature Details

Principal species Eastern King Prawn (Melicertus plebejus)

Banana Prawn (Panaeus indicus and P. merguiensis)

Moreton Bay Bugs (Thenus australiensis and T. parindicus)

Endeavour Prawn (Metapenaeus endeavouri, M. ensis)

Saucer Scallop (Ylistrum balloti)

Brown and Grooved Tiger Prawn (Penaeus esculentus and P. semisulcatus)

Western King Prawn (Melicertus latisulcatus

Red Spot King Prawn (Melicertus longistylus)

Greasy Prawn (Metapenaeus bennettae)

School Prawn (Metapenaeus macleayi)

Squid (Loliolus, Nototodarus, Photololigo, Sepioteuthis spp.) Permitted Species Balmain Bug (Ibacus chacei, I. brucei and I. alticrenatus)

Blue Swimmer crabs (Portunus armatus)

Cuttlefish (Metasepia spp., Sepia spp.)

Mantis shrimps (family Squillidae)

Octopus (Octopus spp.)

Pipefish (Solegnathus dunckeri, Solegnathus hardwickii)

Red champagne lobsters (Linuparus trigonus)

Slipper lobsters (Scyllarides spp.)

Threadfin bream (family Nemipteridae)

Three-spotted crabs (Portunus sanguinolentus)

Fisheries symbol1 T1, T2, M1, M2

Legislation Fisheries Act 1994; Fisheries (General) Regulation 2019; Fisheries (Commercial Fisheries) Regulation 2019; Fisheries Declaration 2019; Fisheries Quota Declaration 2019.

Working group Trawl Fishery Working Group

Harvest Strategy Regional harvest strategies are currently in development.

Gear Otter trawl nets

Main management Spatial and temporal closures methods Gear and vessel restrictions including net length, mesh size and Vessel Tracking for all trawl vessels.

Mandatory use of a turtle excluder device (TED) when using an otter trawl.

See Key management control below for further detail

Quota No catch quotas exist for ECOTF target or permitted species

1 To view licence details or the number of fishery symbols currently endorsed in the East Coast Otter Trawl Fishery please visit FishNet. The above figures were valid as at 25/04/2021 East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 1

Fishing Season All year (January to December)

Commercial T1–3741 Fishery licences (2020) T2–171

M1–491

M2–241

Number of total licences–4082

Number of active licences–2863072

Total annual Commercial: 6,621 tonnes (Department of Agriculture and Fisheries, 2020) harvest by sectors Charter: Negligible (Department of Employment Economic Development and Innovation, 2011; Department of Agriculture and Fisheries, 2019b)

Recreational: Negligible (Roelofs and Hall, 2018; Department of Agriculture and Fisheries, 2019b)

Harvest by Aboriginal peoples and Torres Strait Island peoples: Negligible (Department of Employment Economic Development and Innovation, 2011; Roelofs and Hall, 2018)

GVP AUD $80.8 M (Department of Agriculture and Fisheries, 2020)

Stock Status3 Status of Australian Fish Stocks (SAFS) reports:

Species Status

Eastern King Prawn (Melicertus plebejus) Sustainable

Banana Prawn (Fenneropenaeus merguiensis) Sustainable

Moreton Bay Bugs (Thenus australiensis and T. parindicus) Sustainable

Endeavour Prawns (Metapenaeus endeavouri, M. ensis) Sustainable

Saucer Scallop (Ylistrum balloti) Depleted

Balmain Bug (Ibacus chacei, I. brucei and I. alticrenatus) Sustainable

Brown and Grooved Tiger Prawn (Penaeus esculentus and Sustainable P. semisulcatus)

Western King Prawn (Melicertus latisulatus) Sustainable

Redspot King Prawn (Melicertus longistylus) Not assessed in 2018

Greasy Prawn (Metapenaeus bennettae) Not assessed in 2018

School Prawn (Metapenaeus macleayi) Sustainable

EPBC Act Part 13: Accredited Accreditation Part 13A: Declared an approved wildlife trade operation (until 31 August 2021)

2 Queensland Fisheries Summary Report 2020 (data for the 2018/19 Financial Year) 3 Status of Australian Fish Stocks Reports are available at: https://www.fish.gov.au East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 2

1 Introduction

On 28 March 2018, the East Coast Otter Trawl Fishery (ECOTF) was declared as an approved Wildlife Trade Operation (WTO) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) for a period of three years. The WTO approval was due to expire on 13 November 2020. The Queensland Department of Agriculture and Fisheries (DAF) applied for an extension to the existing approval for the following reasons:

• A number of regulatory changes applicable to the ECOTF were announced on 30 September 2020. Some of the changes became effective immediately, however, others such as the implementation of harvest strategies required further action.

• Significant dates for commencement of harvest strategies in this fishery include:

o Southern Offshore Trawl Region 1 November 2021 o Southern Inshore Trawl Region 20 November 2021 o Northern and Central Trawl Region 1 March 2022

• Draft harvest strategies for the fishery were released for public comment on 30 September 2020.

• Fishery independent monitoring of the scallop stock was scheduled for October 2020 as part of ongoing research to inform management of the stock.

• An updated stock assessment for the scallop stock was due to be delivered in March 2021.

• The suite of upcoming changes, including new monitoring results, stock assessments, allocation and harvest strategies, are all highly relevant to an assessment of the ECOTF WTO application.

An extension of the approval was granted until 31 August 2021, with a revised submission requested by 1 May 2021.

Reform program in the ECOTF

The reform program for the ECOTF commenced in 2017 with the release of the Queensland Sustainable Fisheries Strategy 2017-2027 (the Strategy) and the formation of the Trawl Fishery Working Group. Since that time there has been progress made on reforming the management arrangements for the fishery. However, the most significant reforms are continuing to progress following on from regulatory changes announced in September 2020. Table 1 (see below) outlines significant actions and events in progress, as well as those that have affected the ECOTF since the release of the Strategy in 2017.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 3

Table 2 - Timeline for fishery reform processes in the East Coast Otter Trawl Fishery 2017–2022

Timeline Action/Event 2017 Queensland Sustainable Fisheries Strategy 2017–2027 released. Trawl Fishery Working Group formed

28 May 2019 Regulatory reforms commenced Initial changes to the Fisheries Act 1994 (Act) took effect Changes to the Act included new penalties to combat black-marketing and a 20m exclusion zone around shark control equipment. Amendments to the Fisheries Regulation 2008 took effect. There were no changes to fishing rules, only an updated structure, the East Coast Trawl Management Plan was incorporated, and parts of the Regulation were moved to declarations. 20 June 2019 Queensland Government released a discussion paper on proposed amendments to the Fisheries Regulation 2008 1 September 2019 New fishing regulations commenced that included further changes to the structure of fisheries legislation, along with some changes to recreational, charter and commercial fishing rules. The Fisheries Regulation 2008 was replaced by two pieces of legislation – the Fisheries (General) Regulation 2019 and Fisheries (Commercial Fisheries) Regulation 2019. Some amendments were also made to the Fisheries Declaration 2019. February 2020 Project officer appointed to oversee data validation improvement program April 2020 SBIR proof of concept trials reports received for electronic monitoring and data validation July 2020 Ballot’s saucer scallop stock assessment published August 2020 Blue swimmer crab stock assessment published 30 September 2020 Second round of regulatory changes announced (enabling harvest strategies for five regions in the ECOTF to be progressed) Consultation Draft Trawl fishery harvest strategies were released online New commercial fishing rules begin • Administrative changes to reduce red tape and improve commercial operations

See Attachment A-Changes to fishing rules in Queensland September 2020 for more information on changes to all fishing rules, including specifics for ECOTF October 2020 Fishery independent monitoring of the scallop stock undertaken September 2020– Effort allocation - M1/M2 effort history checks November 2020 October 2020 Tiger prawn stock assessment project commences October 2020 Moreton Bay bugs - standardised catch rates project in review October 2020 Moreton Bay multispecies fishery (scheduled but not commenced) 6 October 2020 Caretaker period begins prior to Queensland State Election Public consultation on draft harvest strategies is suspended 31 October 2020 2020 State General Election is held December 2020— Draft Harvest Strategies and Harvest Strategy policy released online with End January 2021 public comment open following outcome of State General Election End January 2021 Public consultation on the East Coast Trawl Fishery Harvest Strategies closes

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 4

1 January 2021 Significant date for commencement of changes to commercial fisheries licensing framework Early 2021 Finalise Harvest Strategies March 2021 Scallop stock assessment update March 2021– DAF to seek approval for Harvest Strategies May 2021 22 April 2021 Trading of authorities and symbols must be completed (for fishers affected by allocation). To be eligible for east coast effort unit allocation, fishers must own the effort units on this date. To be eligible for Moreton Bay effort unit allocation, fishers must have an M1 or M2 symbol on your primary fishing boat licence on this date. See Attachment B-Trawl fishery Effort unit allocation for more information 22 April 2021– Freeze on permanent transfer of existing effort units. 31 July 2021 Temporary transfer of symbols and east coast effort units to facilitate normal fishing operations will be permitted. May 2021 Effort history notice issued Licence holders receive catch notice and have 28 days to apply for amendment or substitution (not applicable to M1/M2) May 2021– Effort allocation - T1/T2 catch notice and nomination period Mid July 2021 June 2021– Effort allocation - QRIDA assesses Mid July 2021 Mid June 2021– Effort allocation - DAF assesses July 2021 By 1 August 2021 Effort unit allocation certificates issued – new regional effort units will be tradable once issued 1 September 2021 Significant date for commencement of changes - quota and regional effort units commence along with associated changes to vessel size Holdings as of this date will represent entitlements at the commencement of the new season 1 September 2021 Regional Harvest Strategies scheduled to begin implementation - Commencement of the trawl fishing season in the Moreton Bay Trawl Region Southern Offshore Trawl Region 1 November Southern Inshore Trawl Region 20 November Northern and Central Trawl Region 1 March 2022

This submission constitutes an application for reassessment of the current WTO for the ECOTF which has allowed for some of the ongoing management reform processes for the fishery to be completed. The submission has been prepared according to requirements of the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries 2nd Edition.

Details of the progress of the broader regulatory reform program and other initiatives currently being undertaken by DAF are described below.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 5

1.1 Queensland Sustainable Fisheries Strategy 2017-2027 - Progress of regulatory reform

In June 2017, the Queensland Government released the Queensland Sustainable Fisheries Strategy 2017–2027 (the Strategy), a program of fisheries reform that will deliver a more modern and responsive approach to fisheries management in Queensland. The strategy includes 33 actions spanning 10 areas of foundational reform. Details of the strategy are available at https://www.daf.qld.gov.au/business- priorities/fisheries/sustainable/sustainable-fisheries-strategy-overview

In January 2019, the Queensland Government released a Directions Paper outlining proposed fishery reform options to support delivery of the Strategy. This paper is available at https://www.daf.qld.gov.au/__data/assets/pdf_file/0009/1427238/queensland-government-direction-on- fisheries-reform-2018.pdf

The paper noted that the ECOTF currently operates across the east coast under an individual transferable effort unit system, except for some trawling in Moreton Bay. It noted that no changes to the beam trawl fisheries were considered and that the key reforms included the following:

Sustainable catch limits

• divide the east coast into five management regions based on target species;

• allocate existing effort units into those regions based on catch history from vessel tracking (and for unused effort based on a split of 36% southern offshore, 21% southern inshore, 21% central and 22% northern);

• set regional effort caps based on at least achieving maximum sustainable yield and adjust these as needed through harvest strategies;

• require the surrender of a T1 symbol for new boats or adding larger boats to existing licences to reduce the number of unused T1 symbols;

• extend the existing effort unit management framework to Moreton Bay, following an initial allocation process for M1 and M2 fishers to establish Moreton Bay Effort Units (existing M1/T1 operators will have their symbol split up allowing the T1 and existing effort units to be formally incorporated into the East Coast) and remove the 2 for 1 boat replacement for M2 symbol holders; and

• review blue swimmer crab trip limits and set a cap on trawl catch of 10% the Total Allowable Commercial Catch (TACC).

The paper also proposed to reduce unnecessary regulations by removing the 70 hull unit maximum (but maintaining the 20m maximum length) to allow for greater efficiency and extend the current effort unit / hull unit relationship beyond 70 hull units; and by removing the current horsepower limit.

In June 2019, the Queensland Government released a discussion paper on the proposed amendments to the Fisheries Regulation 2008. This was the final round of public consultation on proposed changes to implement the fisheries reforms in the Fisheries Regulation 2008 (see https://www.publications.qld.gov.au/dataset/fisheries-regulation-2008-consultation/resource/3eb3b37c- bd47-4b16-b090-8b3b2e3e3aea . The discussion paper included a total of 102 proposed amendments and was accompanied by a supporting Impact Statement (see https://www.publications.qld.gov.au/dataset/fisheries-regulation-2008-consultation/resource/255aadeb- 077a-411f-a593-3b341c4b55cc

Results of consultation on the discussion paper are provided at https://www.daf.qld.gov.au/__data/assets/pdf_file/0004/1454962/fisheries-strategy-consultation-report.pdf

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 6

Following the consultation processes and subsequent meetings of the Trawl Fishery Working Group https://www.daf.qld.gov.au/business-priorities/fisheries/sustainable/fishery-working-groups/trawl-working- group an initial tranche of regulatory reform was enacted.

To facilitate adaptive management of Queensland’s fisheries resources and create a more flexible, responsive decision-making framework, a key action of the Strategy (Action 8.1) commits to amend the Fisheries Act 1994 (the Act) and Fisheries Regulation 2008 to clarify the roles of the responsible minister and Fisheries Queensland in the decision-making process. The rationale for this action is to ensure that decision-making occurs at an appropriate level, is timely, evidence-based, and that the rules can be changed via declaration as far as possible to improve flexibility in management.

As the first step in delivering this action, the Queensland Government amended the Act to;

• modernise the objectives of the Act and recognise the interests of key stakeholder groups

• clarify the roles of the Fisheries Minister and the chief executive in the management of the state’s fisheries and to allow for more responsive decision-making using harvest strategies

• strengthen enforcement powers and penalties to address serious fisheries offences such as black- marketing

• reduce complexity and remove redundant provisions.

Initial changes to the Act took effect from 28 May 2019, including new penalties to combat black-marketing and a 20m exclusion zone around shark control equipment. Amendments to the Fisheries Regulation 2008 also took effect from 28 May 2019. There were no changes to fishing rules, only an updated structure, the East Coast Trawl Management Plan was incorporated, and parts of the regulation were moved to declarations.

On 1 September 2019, new fishing regulations commenced that included further changes to the structure of fisheries legislation, along with some changes to recreational, charter and commercial fishing rules. The Fisheries Regulation 2008 was replaced by two pieces of legislation – the Fisheries (General) Regulation 2019 and Fisheries (Commercial Fisheries) Regulation 2019. Some amendments were also made to the Fisheries Declaration 2019.

As a result of these changes, Queensland's fisheries are now regulated by the following pieces of legislation:

• Fisheries Act 1994

• Fisheries (General) Regulation 2019

• Fisheries (Commercial Fisheries) Regulation 2019

• Fisheries Declaration 2019

• Fisheries Quota Declaration 2019

The Fisheries Act 1994 sets out Fisheries Queensland's responsibilities for the economically viable, socially acceptable and ecologically sustainable development of Queensland's fisheries resources.

The Fisheries (General) Regulation 2019 outlines general regulatory requirements relevant to the management and use of Queensland's fisheries resources

The Fisheries (Commercial Fisheries) Regulation 2019 outlines the regulatory requirements that apply to Queensland’s commercial fisheries, including how activities are to be carried out.

The Fisheries Declaration 2019 outlines restrictions on particular fishing activities across all sectors. Schedule 1 outlines regulated waters that apply in Queensland. Schedule 2 outlines the regulated fish

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 7 declarations (size, possession and form requirements etc.) that apply to commercial and recreational fishers in Queensland.

The Fisheries (Quota) Declaration 2019 outlines the quota entitlements for particular commercial fisheries, including the commercial catch limits.

Following the suite of regulatory changes described above, the fishery formerly referred to as the East Coast Otter Trawl Fishery is now described in the Fisheries (Commercial Fisheries) Regulation 2019 as the East Coast Trawl Fishery. Key components of the fishery management regime including the fishery symbols, fishery area, what may be taken and by whom, and the way fish may be taken are described in Schedule 2.

Further changes to fisheries regulations were announced on 30 September 2020 to ensure the sustainability of Queensland’s commercial fishing industry. Several red tape reductions and streamlining measures will commence immediately to support the economic recovery of the commercial fishing industry, following the Novel Coronavirus (COVID 19) pandemic, while changes necessary to protect and maintain export approvals will commence on 1 September 2021.

2 Brief description of the fishery

There are nine fishery symbols that can be used in the East coast trawl fishery (M1, M2, T1, T2, T5, T6, T7, T8 and T9), comprised of the four used in ECOTF (M1, M2, T1, and T2) and the remaining five used in the river and inshore beam trawl fishery (T5, T6, T7, T8 and T9). For clarity, this submission is for the ECOTF only (M1, M2, T1, and T2). The river and inshore beam trawl fishery is assessed separately (WTO expires 11/02/2022).

Key components of the fishery management regime including the fishery area, fishery symbols, what may be taken and the way fish may be taken are described in Schedule 2, Part 1-7 of the Fisheries (Commercial Fisheries) Regulation 2019 (see https://www.legislation.qld.gov.au/view/whole/pdf/asmade/sl-2019-0178 and APPENDIX 1).

The ECOTF is Queensland’s largest commercial fishery, both in terms of the volume of product caught and the economic value of the product. The ECOTF operates along the Queensland east coast within the area bounded by the Offshore Constitutional Settlement. Depending on the species targeted, the fishery mainly uses three or four nets (triple and quad net arrangements) held open with otter boards, towed behind vessels up to 20 metres in length (Figure 1 is an example of quad gear). Target species include several large penaeid prawn species (family Penaeidae), saucer scallop, Moreton Bay bug and squid. Several other by-product species are retained including cuttlefish, octopus, red champagne lobster and Balmain bug.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 8

Figure 1 - Quad otter trawl gear used in the ECOTF.

. 3 Legislation and Advisory Bodies

The ECOTF is managed in accordance with the objectives of the Fisheries Act 1994 and subordinate legislation including the Fisheries (General) Regulation 2019, Fisheries (Commercial Fisheries) Regulation 2019, Fisheries Declaration 2019; and Fisheries Quota Declaration 2019. The Trawl Fishery Working Group provides advice on aspects of fisheries management.

4 Key Management Controls

The ECOTF is managed by a range of input (effort) and output (harvest) controls directed at ensuring the ecologically sustainable harvest of target and by-product species whilst minimising the impacts on bycatch and the environment. These include:

• Limited entry: restrictions on the number and size of boats which can operate in the fishery. • The fishery area consists of the area of the tidal waters east of longitude 142º31.89' east. More specifically, Queensland's trawl fisheries operate in all tidal waters out to the Queensland east

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 9

coast offshore constitutional settlement boundary between Cape York and the New South Wales border, with the following exceptions: o areas closed to trawling under fisheries legislation o areas closed to fishing in Queensland marine parks (administered by the Department of Environment and Science) o areas closed to fishing under the Great Barrier Reef Marine Park Zoning Plan 2003, which is administered by the Great Barrier Reef Marine Park Authority (GBRMPA) o waters over 300m deep (trawling at such depths is not feasible) o otter trawl fishing is not permitted in estuaries.

Trawling in the Gulf of Carpentaria is jointly managed by the state and federal governments.

• T1, T2, M1 and M2 symbols endorse a vessel to fish within the ECOTF area4 (Appendices 2–4) • Gear restrictions: vessel length, net and head rope lengths and mesh restrictions apply depending on the areas of operation. The permitted apparatus is trawl nets (trawling) as prescribed in the Fisheries (Commercial Fisheries) Regulation 2019. See APPENDIX 1 for more detail. • Quota management: o The ECOTF (excluding Moreton Bay) is managed using effort units (EU). Licence holders hold a certain number of nights that they can fish each year in the form of tradeable effort units (EU). These are split between East Coast (symbols T1 and M1) and Concessional (T2) users. Only East Coast fishers may fish in the Great Barrier Reef Marine Park (GBRMP). The quota of effort units for East Coast (T1) and Concessional (T2) sectors of the fishery in 2018 was 2.74 million units and 67,866 units, respectively5. o Effort capped at the 1996 level less 5% o No catch quotas exist for ECOTF target species • Species/size limits: o Only species permitted under the Fisheries (Commercial Fisheries) Regulation 2019 may be taken (See APPENDIX 1 for more detail). o Minimum legal sizes apply to Saucer Scallop (9cm shell height and no more than 7% of the catch may be undersize) and Moreton Bay Bugs 7.5cm Carapace Width (CW) o Minimum legal sizes apply to Balmain Bugs (smooth bug 10.5cm CW, shovel-nosed lobster and deepwater bug 7.5cm CW), Blue Swimmer Crab (11.5cm CW), Three-Spotted Crab (10cm CW) and Red Champagne Lobster (7.5cm CW); o In possession limits apply to octopus, pipefish, mantis shrimp, Blue Swimmer Crab and Slipper Lobster; and o Prohibited take of females applies to Blue Swimmer Crab and egg-bearing Three-Spotted Crab, Balmain Bug, Red Champagne Lobster and Slipper Lobster. • Other restrictions/closures or management arrangements: numerous and extensive seasonal and permanent area closures apply to the fishery, particularly in waters of the Great Barrier Reef World Heritage Area and Great Sandy and Moreton Bay Marine Parks. These include: o Seasonal closures: in place during summer and autumn north of 22°S latitude and during spring and summer south of this latitude. o Daytime and weekend closures: apply to trawling in estuaries and some inshore areas (e.g. Moreton Bay) to reduce any interactions with recreational users.

4 Areas of operation associated with ECOTF symbols may be viewed at: https://www.business.qld.gov.au/industry/fisheries/commercial-fishing/licences-and-fees/commercial- fishing-licences/fisheries-symbols

5 Annual Fisheries summary data can be viewed at: https://www.daf.qld.gov.au/business-priorities/fisheries/monitoring-compliance/data/sustainability- reporting/queensland-fisheries-summary-report East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 10

o Effort in Moreton Bay is limited to fishing activities from 6pm Sunday to 6pm Friday. • Mandatory use of turtle exclusion devices (TEDs) and bycatch reduction devices (BRDs). • A range of by-product harvesting protection arrangements (see Table below) • Logbooks, surveillance by fisheries enforcement officers (Queensland Boating and Fisheries Patrol) and remote tracking of otter trawl vessel movements – vessel monitoring system (VMS) are used to monitor effort and compliance of fishing operations. • Satellite based VMS installation and maintenance requirements on T1 and T2 licensed vessels are formalised in the new regulations.

Table 3 - Output controls on permitted species harvested in the ECOTF

4.1 Recent Management Changes

This section outlines changes to the management of the ECOTF which were made during the 2018-2020 WTO approval, as well as upcoming changes for 2021. As detailed in Section 0, legislative changes took effect from May 2019. There were no changes to fishing rules, only an updated structure, the East Coast Trawl Management Plan was incorporated, and parts of the Regulation were moved to declarations. From 1 September 2019, new fishing regulations commenced that included further changes to the structure of fisheries legislation, along with some changes to recreational, charter and commercial fishing rules. The Fisheries Regulation 2008 was replaced by two pieces of legislation – the Fisheries (General) Regulation 2019 and Fisheries (Commercial Fisheries) Regulation 2019. Some amendments were also made to the

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 11

Fisheries Declaration 2019. Individual links to these pieces of legislation are in Section 0 or can be found on the Queensland Government internet site: www.legislation.qld.gov.au

Further changes to fisheries regulations were announced on 30 September 2020 to ensure the sustainability of Queensland’s commercial fishing industry. Several red tape reduction and streamlining measures will commence immediately, to support the economic recovery of the commercial fishing industry following the Novel Coronavirus (COVID 19) pandemic, while changes necessary to protect and maintain export approvals will commence on 1 September 2021. Over the next 12 months, the Department of Agriculture and Fisheries (DAF) will be implementing regional harvest strategy management in the East Coast Trawl Fishery.

Public consultation on 13 draft harvest strategies and a draft harvest strategy policy took place from 30 September 2020 to 31 January 2021. There were 6 draft harvest strategies for Queensland’s trawl fisheries including:

- draft Northern Trawl Region Harvest Strategy - draft Central Trawl Region Harvest Strategy - draft Southern Offshore Trawl Region Harvest Strategy - draft Southern Inshore Trawl Region Harvest Strategy - draft Moreton Bay Trawl Region Harvest Strategy - draft Stout Whiting Harvest Strategy

Feedback for the Harvest Strategies for all sectors comprised a total of 138 surveys, 16 brief comments and 30 emailed letters. There were 22 responses in total for the trawl fisheries covering a broad range of topics.

Harvest strategies have been submitted for approval by the Minister consistent with the requirements outlined in the Fisheries Act 1994. They are required to be approved and in place to enable fishing under the new management arrangements to commence on 1 September 2021. Final harvest strategies will be discussed in detail at the regional trawl Harvest Strategy Workshops, which are currently proposed for May 2021.

Following implementation of the reforms and harvest strategies on 1 September 2021, the work program for the trawl fisheries in 2021-2022 will focus on developing a Protected Species Management Strategy, similar to the East Coast inshore Fishery, and management of bycatch.

Draft harvest strategies can be downloaded and reviewed at https://daf.engagementhub.com.au/draft-trawl- harvest-strategies. More information about the reforms is available at https://www.daf.qld.gov.au/business- priorities/fisheries/sustainable/fisheries-reforms

4.2 Changes to commercial fishing rules 4.2.1 Trawl

• New management regions established in the East Coast Trawl Fishery (replacing the existing Northern and Southern Regional Waters):

o Southern Inshore Trawl Region

o Southern Offshore Trawl Region

o Central Trawl Region

o Northern Trawl Region

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 12

• A no-take scallop closure implemented from to 1 May to 20 November in the Southern Inshore and Southern Offshore trawl regions • A no fishing closure in the Southern Inshore trawl region extended by 19 days to run from 20 September to 20 November and an additional 12-day closure from 23 December to 3 January in place. • Trawling in the Southern Offshore trawl region restricted to with a regulated period allowing trawling between 6pm and 8am only • Introduced a scallop effort cap in the Southern Inshore Trawl Region of 80 000 units (if effort reaches the cap between 20 November and 24 April scallop will become no take)

• Introduced strip closures to protect small prawns in the Southern Offshore Trawl Region between 2 November and 1 March in the following areas: o Stradbroke Island o Caloundra to Moreton Island o Fraser Island 4.2.2 Vessel tracking

Vessel tracking requirements amended to apply to all commercial fishing vessels (not including charter) from 1 January 2020 – fisheries that require vessel tracking from 1 January 2020 are D, A1, A2, R, B1, J1, M2, T5, T6, T7, T8 and T9 which includes Moreton Bay vessels and all beam trawl vessels. 4.2.3 Saucer scallop

Ballot’s Saucer Scallop (Ylistrum balloti) is an important commercially harvested species inhabiting sandy substrates up to 100m deep, particularly around central and southern Queensland. The saucer scallop was formerly the state’s most valuable commercially fished species. In 1993, annual landings peaked at just under 2000 tonnes (meat weight), with an approximate value of $30 million. In recent years, landings have dropped to less than 546 tonnes of scallop meat, dipping to 134 tonnes as the fishery hit historical lows. The logbook records show that commercial catch rates of scallops were at the lowest in the 39-year recorded history of the fishery6. The declines in harvest between 2012–2016 raised concerns over the sustainability of scallops.

To address these concerns QDAF conducted and released an independently peer-reviewed scallop stock assessment in 2016. The assessment suggested that the spawning biomass was potentially as low as 5-6% of unfished levels7. This assessment resulted in scallops being classed as overfished7. The eastern Australian Ballot’s Saucer Scallop stock is classified as depleted in the most recent Status of Australian Fish Stocks (SAFS)8 APPENDIX 5).

Since 2016 DAF has introduced significant new research and monitoring programs to inform management changes that will assist rebuilding of scallop stocks. DAF has implemented an iterative approach whereby annual fishery independent surveys along with logbook data inform regular stock assessment updates, which are in turn considered by DAF and the fishery working group to recommend new management measures. A summary of these measures is provided below (Table 4). Results of fishery independent surveys, stock assessments and communiqués from fishery working group meetings have all been made publicly available.

A suite of management changes was introduced in January 2017. The new management arrangements were expected to reduce the total scallop catch by as much as 40 % to prevent further declines in scallop stocks. To allow for recovery of the declining fishery, all six scallop replenishment areas (SRAs) located off Yeppoon, Bustard Head and , were closed to all scallop fishing until further notice. This included the three

6 Queensland Fisheries Summary Report 2020 (data for the 2018/19 Financial Year) 7 Quantitative assessment of the Queensland saucer scallop (Amusium balloti) fishery can be viewed at: https://www.daf.qld.gov.au/business-priorities/fisheries/monitoring-compliance/data/sustainability-reporting/stock-assessment-program 8 Status of Australian Fish Stocks Reports are available at: https://www.fish.gov.au

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 13

SRAs that were due to open on 3 January 2017. A winter no take closure between 1 May and 31 October also commenced. DAF also committed to annual stock assessments for the scallop stock to track the rebuilding, implemented an annual fishery independent scallop survey and a project commenced to further improve the Queensland scallop stock assessment– Improving mortality rate estimates for management of the Queensland Saucer Scallop fishery.

Saucer scallop monitoring and results

High scallop catch areas have been surveyed between 1997–2006 and 2017–2020 to investigate the recruitment and abundance of saucer scallops in central and southern Queensland. The survey runs around September to October in up to 18 areas (strata), intending to trawl more than 300 sites in open commercial fishing areas and Scallop Replenishment Areas (SRAs). Biological data on blue swimmer crabs (Portunus armatus), Moreton Bay bugs (Thenus sp.) and species of conservation interest (SOCI) such as sea snakes and pipefish, are also collected.

Prior to 2006, the survey was conducted from offshore Yeppoon to Hervey Bay with most of the fishery occurring in these areas. In 2017, the survey restarted with trawled strata moved as far south as Noosa to reflect the southern movement of the fishery’s major harvest.

Due to the length of time that the survey has been running and the changing dynamics of the fishery due to catch rates and management decisions, the results of the survey have been presented in many forms. All 1997–2006 survey data is presented in the Scallop Survey Results (1997-2006) report. The results update for 2017–2019 survey data is available in the 2019 Queensland Saucer scallop fishery-independent survey and includes comparison to 2017 and 2018.

A report on Improving the Natural Mortality rate estimates of the Queensland Saucer Scallop Fishery was released in March 2021. This research project focused on an annual fishery-independent trawl survey of scallop abundance, relationships between scallop abundance and physical properties of the seafloor and deriving an updated estimate of the scallop’s natural mortality rate. Results from the study are used to improve monitoring, stock assessment and management advice for the fishery. Further details of the study are available at: Improving mortality rate estimates for management of the Queensland saucer scallop fishery (frdc.com.au)

Stock assessment and management update

The preliminary results from the scallop assessment for the Southern Inshore Region (Region 3) were presented to the June 2020 Trawl fishery working group. They suggested that the spawning biomass estimate had dropped from the 2018 level (22%) to 17% based on 2019 data. This is below the National Standard for maintaining access to fisheries resources and the limit reference point indicated in Queensland’s harvest strategy policy and guidelines. The assessment also incorporated a new natural mortality estimate that was higher than previous estimates. The working group discussed options and prepared a paper for further consideration by Government. The 2020 stock assessment recommended effort and associated harvest, to rebuild the stocks to a target of 40 per cent unfished biomass, is 80 000 effort units. Under this effort scenario, harvest would be 150 tonne in 2020, a decrease from the 2019 harvest, which was 246 tonne. This data assumes average recruitment for the region.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 14

Table 4 - Preliminary results from the 2020 scallop assessment Southern Inshore Region (Region 3)

Estimated current spawning biomass (relative to unfished) 17 per cent Current total harvest (2019) 246 tonne Current scallop effort units 118 635 effort units Potential harvest at B40 454 tonne Effort units to build to B40 80 000 Harvest in 2020 with 80 000 effort units 150 tonne Time to build to B40 8 years

The 2019 and 2020 seasonal harvests were above the yield calculated to maintain the stock at its current biomass (174 tonnes). This suggests that overfishing is still occurring at the current effort rate and that stock rebuilding is unlikely to occur while fishing at this level.

The working group noted that there is considerable stock variability, giving uncertainty about year-on-year rebuilding of this stock. While fishing is an influence, several non-fishing related influences may also be affecting recruitment and natural mortality. Although the stock appeared to rebuild from 2016 to 2018 (from 6% to 22% biomass) since the initial management action in 2016, the 2020 stock assessment and independent survey indicated a decline in biomass and surveyed scallop densities from to 17% in 2019.

As a result, the Queensland Government approved amendments to legislation in September 2020 that: • reduce the scallop effort cap from 118 865 to 80 000 effort units; • implement additional no fishing closures in the Southern Inshore Trawl Region, comprising a 19- day extension of the existing six-week closure and an additional 12-day closure over the Christmas/New Year period; and

• reduce the period of trawling in the Southern Offshore Fishery Region from 24 hours to 14 hours, to establish a standard 14-hour trawling rule across the ECOTF (6pm-8am).

Non-fishing related influences may be affecting rebuilding of this stock and any management action directed at fishing pressure may not be sufficient to support rebuilding. At the last Trawl Working Group Meeting, DAFadvised stakeholders that if management arrangements do not demonstrate an improvement in the stock following the 2020-21 season and the biomass remains at, or lower than, 20 per cent biomass, closure of the stock may be recommended for the 2021-22 season.

The latest fishery independent scallop surveys were completed in October 2020 to inform a 2021 update of the stock assessment. The stock assessment report is currently undergoing peer review prior to public release. However, results from the draft stock assessment were discussed with the fishery working group at their meeting of 28–29 April 2021. Notes from this meeting will be publicly available at: Trawl fishery working group communiques | Department of Agriculture and Fisheries, Queensland (daf.qld.gov.au) Working group recommendations for further management actions will be progressed by DAF as necessary.

4.2.4 White spot disease restrictions

White Spot Disease (WSD) is caused by infection with White Spot Syndrome Virus (WSSV), a highly contagious virus of decapod crustaceans including, but not limited to, prawns, lobsters and crabs. Marine worms are also thought to be carriers of the disease.

To reduce the likelihood of WSD spreading, movement restrictions are in place for certain species. Prawns, yabbies and marine worms cannot be removed from restricted areas and because of this, commercial catches may have been impacted within the past few years. Exemptions on movement restrictions apply to spanner crabs, three spotted crabs, blue swimmer crabs, mud crabs, red champagne lobsters, slipper lobsters, tropical rocklobsters, redclaws and bugs.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 15

4.2.5 Licence and Fishery symbols

Queensland's commercial trawl fisheries are bound by licensing arrangements.

The following licensing arrangements apply to Queensland's commercial trawl fisheries:

• The fisher must have a commercial fisher licence. • The boat must be licensed under a commercial fishing boat licence (CFBL). • The boat licence must be officially endorsed for the fishery (i.e. marked with the symbol that stands for that fishery).

No new licences or symbols are issued for existing fisheries. Entry to the trawl fishery requires the correct licence (CFBL), fishery symbols and effort units from an existing licence holder. Licences can be transferred from person to person, and fishery symbols can be transferred from one licence to another licence.

Fishery symbols appear in the Fisheries Queensland register for a CFBL to show that the boat is authorised to operate in the named fishery or fisheries. Commercial fishers who wish to access the ECOTF require a T1, T2, M1 or M2 fishing symbol. These symbols restrict access to a specific region along the Queensland east coast (Appendices 9-11 or view at https://www.business.qld.gov.au/industries/farms- fishing-forestry/fisheries/licences/fisheries-symbols)

In each fishery, the total number of symbols represents the number of fishers that could potentially access the fishery at any one time. This differs from data on the number of ‘active’ licences, which represents the number of operators that have used their symbol to access the fishery over a 12-month period.

Table 5 - Overview of the total number of active licences, effort (days fished) and catch (tonnes) for the whole ECOTF (M1, M2, T1, T2) from 1988–2019

Year Number of active Effort (days) Catch (t) licences 1988 863 76760 8695 1989 867 84545 9519 1990 841 88266 11043 1991 848 87839 9833 1992 779 80909 9279 1993 731 87867 10689 1994 684 86089 10520 1995 678 89667 12173 1996 696 96480 12335 1997 688 101906 11024 1998 666 98244 11499 1999 647 92312 9460 2000 689 87384 7991 2001 581 67670 8036 2002 521 67351 8516 2003 508 66265 8768 2004 486 63865 9060 2005 449 54347 7810 2006 422 46550 7031

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 16

2007 377 39966 5862 2008 342 36091 6188 2009 347 38957 8149 2010 333 38030 7202 2011 331 36064 6459 2012 311 34220 6536 2013 301 33065 7775 2014 288 34975 6703 2015 293 33826 6483 2016 296 36462 6198 2017 307 37749 7456 2018 308 35016 6296 2019 299 35780 5987

Without management intervention, the number of active fishing symbols available for use in the ECOTF is expected to remain at or around 2017 levels (Table 5). The primary reason for this is that Queensland operates under a limited licensing policy that prevents new licences being issued for the fishery. While this does not prevent the re-activation of underutilised licences, it will help prevent licence numbers expanding into the future.

Reporting systems used by DAF will classify a licence as ‘active’ when the operator has reported catch and effort from a fishery. This will be done irrespective of the days fished, the frequency of the fishing events or the amount of catch that is reported. Consequently, data on the number of ‘active’ licences may include operators that have fished infrequently, have small catch quantities or undertake very limited fishing events.

5 Catch and Effort

Commercial catch and effort statistics in the ECOTF for the last ten years (2010–2019 inclusive) are detailed in Table 6 below. These include annual catch (tonnes), catch of the most valuable target species, total effort (days), GVP ($A million) and the number of boat licences active in the ECOTF for 2010–2019.

Since 2008, these indicators have been relatively stable when compared to the previous ten-year period where longer term trends of declining catch, effort, and number of boat licences working the fishery were evident (Figure 2). With the exception of declines in the catch of Tiger Prawn, Banana Prawn and Saucer scallop (Table 6 and Figure 2), most target species catches are relatively stable for the last ten years (2010– 2019).

The ECOTF is managed using effort units (EU) which are split between East Coast (symbols T1 and M1) and Concessional (T2) users. The quota effort units for East Coast (T1) and Concessional (T2) sectors of the fishery in 2019 (season 01/01/19–01/01/20) were 2.74 million units and 67,866 units, respectively. For this season, percentage usage for each was 60% for East Coast and 53% for Concessional. Concessional unit usage has increased in recent years as fishers are increasing access to the Eastern King Prawn (EKP) fishery (APPENDIX 6).

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 17

Table 6 - Total retained catch (tonnes) and effort (days) by major individual species in the East Coast Otter Trawl Fishery (Source: Fisheries Queensland CFISH Database, 5 August 2020).

Red Total Total GVP Eastern Western Squid, Licences Banana Endeavour Greasy Tiger spot Saucer Balmain Moreton Year effort catch ($A king king unspec (active) prawn prawn prawn prawn king scallop bug Bay bug (days) (tonnes) million) prawn prawn -ified prawn 2010 38035 7204 333 91 678 2679 590 54 1291 348 153 429 85 461 81 2011 36064 6459 331 76 1179 2002 520 185 1233 114 76 275 101 300 70 2012 34217 6536 311 83 227 2613 458 136 834 263 137 738 102 468 97 2013 33064 7775 301 93 1027 2924 508 188 986 220 144 486 69 502 83 2014 34972 6703 288 86 505 2571 463 69 1300 168 178 334 89 570 65 2015 33825 6483 293 82 519 2362 541 101 1352 148 151 230 84 527 65 2016 36459 6198 296 80 315 2208 526 81 1455 222 181 201 68 539 69 2017 37744 7456 307 96 649 2973 401 93 1628 204 176 252 47 558 82 2018 35009 6296 308 81 550 2427 443 65 1271 99 145 357 54 536 84 2019 35758 5983 299 77 360 2523 447 45 1157 127 125 209 64 514 125

Figure 2 - Effort (days fished) and catch (tonnes) for the ECOTF 1988–2019.

Prawns consistently make up the majority of the ECOTF principal species harvest—86% in 2019. Over the last ten years (2010—2019), the average prawn species catch as a percentage of the total principal species catch was 84%. In 2019, Moreton Bay bugs, scallops, squid and Balmain bugs made up 9%, 4%, 2% and 1% of the remaining principal species catch respectively (Figure 3).

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 18

Figure 3 - Percentage of total catch weight of principal otter trawl species groups (Source: Fisheries Queensland CFISH Database, 5 August 2020).

Figure 4 - Annual landed catches of principal otter trawl species, 2010–19 (Source: Fisheries Queensland CFISH Database, 5 August 2020).

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 19

Prawns caught in ECOTF are a complex of species. From 2010–19, catches of prawn species taken in the ECOTF have shown different trends (see Figure 4). Catches of individual species vary in the degree to which they are influenced by a range of economic and environmental factors (e.g. fuel cost, market price and rainfall in adjacent catchments). Together these factors determine the size of the fishable stock and the catch of each species from year-to-year. In 2019, prawn landings were composed of 51% Eastern king, 24% Tiger, 9% Endeavour, 7% Banana and 3% Red spot king, 3% Western king prawn and 1% Greasy. The remaining 2% of prawn landings were reported under other catch categories. The percentage of combined prawn landings from the GBRMP in 2019 was 2576 t, which was 52% of the total prawn catch for 2019. The total catch taken by the ECOTF for all species combined in the GBRMP was 3227 t in 2019, which was 54% of the total catch taken.

Catches over the ten-year period 2010–2019 have been relatively stable for most prawn species caught in ECOTF, despite catches fluctuating in a few individual years i.e. 2011 and 2012 when Eastern Queensland received adverse weather linked to a strong La Nĩna episode (BoM, 2012) (Figure 4).

Figure 5 - Nominal catch per unit effort (kg/day) of ECOTF principal species, 2010–2019 (Source: Fisheries Queensland CFISH Database, 5 August 2020).

Catch rates for target (principal) species vary according to inter-annual changes in abundance, due mainly to climatic and seasonal targeting factors. In general, catch rates over the ten-year period 2010–2019, have been relatively stable for most species (Figure 5).

Although EKP catch rates have declined over the last three years, they remain high and are relatively stable across the ten-year period. Banana Prawn catch rates declined between 2013 - 2016, although they have since stabilised. Tiger Prawn catch rates decreased 6% in 2019 from 2018 and 12% from the previous year, however, catch rates across the ten-year period appear stable. Saucer scallop catch rates decreased by 17% in 2019 from 2018. Red spot king prawn catch rates in 2019 remain the same as 2018. Western king prawn catch rates have decreased in 2019 but remain stable over the ten-year period. Endeavour prawn catch rates also remain stable over the ten-year period and have been increasing since 2017. Moreton Bay bug and Balmain bug catch rates remain stable. Catch rates for squid have increased in 2019 and are similar to those of 2012/2013.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 20

Logbook data for 2019, recorded 18,132 effort days in the GBRMPA region with a total catch of 3,227 t, attributed to 179 licences. The Moreton Bay region recorded 4,249 effort days, with a total catch of 583 t attributed to 82 licences while the remaining East Coast other region recorded 13,387 effort days, 2,173 t total catch attributed to 187 licences (Figure 6 and Figure 7).

Figure 6 - Effort (days fished) recorded in logbooks in the ECOTF regions of GBRMPA, Moreton Bay and Other East Coast 2010– 2019.

Figure 7 - Total Catch (tonnes) recorded in logbooks in the ECOTF regions of GBRMPA, Moreton Bay and Other East Coast 2010– 2019.

The grid that recorded the most catch (t) in ECOTF in 2019 was W37 with a total of 583 tonnes followed by X36, W33, X38, X37, W34 and D11 recording 444, 376, 311, 224, 213 and 204 tonnes respectively. The majority of the catch in all of these grids were prawns (all species combined), with W37, X36, W33, X38, X37 and D11 recording 79%, 97%, 83%, 85%, 96% and 99% of their total grid catch as prawns respectively.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 21

All other grids recorded less than 200 tonnes individually, with the majority (92%) of the remaining grids that reported catch, reporting less than 100 tonnes each.

In 2019, the VMS recorded 36,676 fishing days under the ECOTF T1 quota symbol, of which 20,047 days (55%) were in the GBRMPA world heritage area. The total number of units used was 1,683,550 with 974,650 (58%) recorded as GBRMPA WHA units (APPENDIX 6).

Figure 8 - Effort (days fished) and Number of Active Licences for the ECOTF 1988–2019

Historically, effort in terms of days fished decreased since its peak in 1997 and has stabilised since 2014. Number of active licences has decreased since 1988 and has also since stabilised around 2014.

6 Target, Byproduct and Bycatch Species

The ECOTF provides significant benefits to the Queensland economy. Risks associated with the fishery are assessed and managed at both a whole-of-fishery and species-specific level with high emphasis placed on the long-term sustainability of both target and non-target species. The ECOTF (excluding Moreton Bay) is managed using effort units (EU). No catch quotas exist for the ECOTF target or permitted species.

Species that interact with the ECOTF can be divided into three key categories: principal species, permitted species and bycatch. Trawl fishers target major commercial species (principal species), but operators in the east coast otter trawl fishery are allowed to keep and sell several byproduct species (permitted species).

Under the Fisheries (Commercial Fisheries) Regulation 2019, ECOTF operators (symbols M1, M2, T1 and T2) are permitted to retain the following principal fish:

(i) prawns (ii) scallops (iii) bugs other than Balmain bugs (each a principal bug), (iv) squid

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 22

6.1 Major commercial species 6.1.1 Prawns

• Tiger prawn (Penaeus esculentus, P. semisulcatus or P. monodon) caught in the east coast otter trawl fishery make up about 90% of Queensland's tiger prawns and are harvested from the waters inside the Great Barrier Reef, offshore from their estuarine nurseries. • Endeavour prawn (Metapenaeus endeavouri and M. ensis) are caught in the east coast otter trawl fishery and the river and inshore beam fishery. Most of the endeavour prawn harvest comes from the waters from north, where the adults tend to inhabit inshore reef lagoons. • Red spot king prawn (Penaeus longistylus) - also known as the northern king prawn, prefer hard- bottomed areas near reefs, in waters 35-55m deep. They are found from Mackay north and are caught in the east coast otter trawl fishery. • Banana prawn (Penaeus merguiensis). The banana prawn tends to be an inshore species, favouring the turbid waters that flow from estuaries. In some areas the size of the catch increases significantly after heavy rainfall. They are caught in the east coast otter trawl fishery as well as the river and inshore beam fishery. • Eastern king prawn (Penaeus plebejus) are caught in the east coast otter trawl fishery where their catch varies throughout the year - the highest being taken January-April and the lowest August- November. • Bay prawn (Metapenaeus bennettae and M. macleayi). Moreton Bay is the source of about 90% of the bay prawn harvest. Most are greasyback prawns (M. bennettae), but there are also school prawns (M. macleayi) and young prawns of various other species. Most are caught in spring and summer. They are caught in the east coast otter trawl fishery as well as the river and inshore beam fishery. 6.1.2 Scallops

Scallops (Amusium balloti and A. pleuronectes) are caught in the east coast otter trawl fishery and are found at depths of 20-100m from Bowen south to northern New South Wales. They are abundant around Yeppoon and Bundaberg on the central coast. Saucer scallops are taken by trawlers using otter trawl nets with large mesh but also commonly appear as prawn trawlers' incidental catch. 6.1.3 Moreton Bay bugs

Moreton Bay bugs (Thenus australiensis and T.parindicus) are another target species in the east coast and Moreton Bay trawl fisheries. However, most bugs are taken as an incidental part of the prawn and scallop catch although since the decline in the scallop fishery the importance of bug catches has increased and are becoming a more targeted stock. 6.1.4 Squid

Squid caught in Queensland waters include: • pencil squid (Photololigo spp.) • tiger squid or northern calamari (Sepioteuthis spp.) • arrow squid (Ommastrephes bartramii, Sthenoteuthis oualaniensis)

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 23

6.1.5 Permitted species

Under the Fisheries (Commercial Fisheries) Regulation 2019, ECOTF operators (symbols M1, M2, T1 and T2) are also allowed to take any of the following if they are taken while taking a principal fish:

(i) Balmain bugs; (ii) blue swimmer crabs; (iii) cuttlefish; (iv) mantis shrimps; (v) octopus; (vi) pipefish; (vii) red champagne lobsters; (viii) slipper lobsters; (ix) threadfin bream; (x) three-spotted crabs.

Some of these species are subject to minimum legal sizes, take and possession limits and other restrictions, to ensure they do not become a target species over time.

Principal (target) species frequently make up 97% of the total annual catch in the ECOTF. During the ten- year period 2010–2019, the non-principal (permitted) species component averaged 3% of the annual total catch. In 2019, the most notable byproduct species are Balmain bugs, cuttlefish and blue swimmer crabs, although combined they only make up 2% of the total catch (Figure 9).

Figure 9 - Percentage of Predominant Permitted Species caught in ECOTF and Total Permitted Species Catch (t) 2010–2019

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 24

6.2 Bycatch

Bycatch in the ECOTF comprises many species and includes species of conservation concern such as sea turtles and sea snakes, undersized principal/permitted species and a wide range of invertebrate and fish species. Detailed lists of the bycatch species encountered in the ECOTF and their frequency of capture can be found in the appendices of Courtney et al. (2007).

There is a comprehensive range of measures, including limits on operating time, area closures, boat size, gear restrictions and catch limits currently in place to regulate the trawl fishery and additionally a range of devices required to minimise ecological impacts. In the ECOTF, the most notable of these are provisions mandating the use of bycatch reduction devices (BRD) and turtle excluder devices (TED).

An Ecological Risk Assessment of the Southern Queensland East Coast Otter Trawl Fishery and River and Inshore Beam Trawl Fishery was prepared in 2015 based on the management regime used in the East Coast Trawl Fishery (ECTF) at that time. The report describes outcomes of a comprehensive qualitative ecological risk assessment undertaken as part of a formal review of the Fisheries (East Coast Trawl) Management Plan 2010. The assessment included all waters fished by otter trawls between the southern limit of the GBRMP and the New South Wales border, as well as areas of the River and Inshore Beam Trawl Fishery. The assessment focused specifically on the prawn and tropical saucer scallop trawl fishery, including both target and non-target species that interact with or have the potential to interact with the ECTF during normal fishing operations.

The assessment expanded on similar reports prepared by Pears et al. (2012a) and Astles et al. (2009) to assess trawl risk in the GBRMP and the NSW Ocean Trawl Fishery respectively. Together these three assessments create a composite model of trawl related risks to marine species and habitats on the east coast of Australia. This is a substantial body of information that can be used effectively as part of a broader ecosystem-based fishery management (EBFM) approach. The primary aim of the study was to build on the results obtained by Pears et al. (2012a) and Astles et al. (2009) by assessing the risks associated with trawl fishing in areas not included in those assessments, namely areas fished by otter trawlers in southern Queensland and beam trawl operations.

The assessment did not consider the Sustainable Fisheries Strategy 2017–2027 which was released by the Queensland Government in June 2017. This Strategy includes a detailed commitment to publish a guideline on Ecological Risk Assessments and undertake ERAs for priority fisheries or species by 2020. The methodology used to construct these ERAs differs from that used in the ECTF.

The Fisheries Queensland Ecological Risk Assessment Guideline described above was published in 2018. The guideline includes:

• principles for prioritising ERAs according to risk, • assessment methods that reflect national standards, and • a formal approach for identifying and prioritising management actions to address ERA outcomes.

The ERA guideline provides insight into how risk assessments will be constructed for target and by-product species, and bycatch species including species of conservation interest, as well as marine habitats and ecosystem processes.

Additional work has also been undertaken in the ECTF since the commissioning of Ecological Risk Assessment of the Southern Queensland East Coast Otter Trawl Fishery and River and Inshore Beam Trawl Fishery, including a quantitative ERA in 2017 involving high-risk bycatch species within the otter trawl fishery, Estimating the impacts of management changes on bycatch reduction and sustainability of high-risk bycatch species in the Queensland East Coast Otter Trawl Fishery. As such, the results of the initial report should be considered in conjunction with the later.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 25

Campbell et al 2018 noted that significant resources have been expended in trialling technologies that mitigate the incidental capture of species of conservation concern by commercial prawn trawlers. Turtle excluder devices (TEDs) and bycatch reduction devices (BRDs) have been mandatory in north Australian prawn trawl fisheries since the early 2000s and their efficacy has been the subject of several research projects. This research has shown that well-designed TEDs are efficient at removing large animals such as turtles and large rays and sharks from trawls while BRDs allow some fish and sea snakes to escape.

Reducing discards has been a priority in the ECOTF. In 2000, the Queensland Government implemented significant management changes via the Fisheries (East Coast Trawl) Management Plan 1999 (hereafter referred to as the “Trawl Plan”), which has reduced nominal effort in the fishery by about 50%. TEDs and BRDs were also introduced as part of the Trawl Plan. By 2002, all vessels operating in the ECOTF were required to have both a TED and at least one of seven prescribed BRDs installed in their nets. At this time, significant resources were expended in determining the effects of TEDs and BRDs through a dedicated research project conducted by DAF. This project showed that the introduction of TEDs and BRDs resulted in significant decreases in the amount of discards produced in the ECOTF. For example, the use of an efficient TED and a square mesh codend BRD resulted in a 78% reduction of discards produced in the scallop sector in central Queensland or approximately 10,588 tonnes, annually. (Campbell et al 2018)

Campbell et al 2018 also highlighted that this research demonstrated that TEDs and BRDs are ineffective at reducing the number of predominantly small elasmobranchs (i.e. sharks and rays) caught incidentally by prawn and scallop trawls.

Key findings from this study indicate long-term trends in discards from the ECOTF declined markedly between 1988 and 2014. Total estimated mean discards peaked at 87,175 tonnes in 1997 and declined thereafter to ~25,000 in 2014. The decline has coincided with a marked decline in nominal fishing effort over this period. Factoring in the mandatory introduction of TEDs and BRDs in the early 2000s in the methods used to derive discards also contributed to the reduction, particularly in the scallop sector. Discard catch rates were highest in the shallow sectors such as the banana prawn and shallow water EKP sectors, while the deep water EKP sector produces the lowest discards.

The study also revealed that of the 47 elasmobranch species assessed, the Piked Spurdog was found to be at high risk from trawling in southern Queensland. A further six species (Brown Stingray, Crested Hornshark, Eastern Spotted Gummy Shark, Collar Carpetshark, Sandyback Stingaree and Patchwork Stingaree) were assessed as being at medium risk. In most cases, these species are found in deeper water where fishing effort is high. The two most common species, the Common Stingaree and the Eastern Shovelnose Ray, were found to be at low risk.

In addition to the above, an ecological risk assessment of the East Coast Otter Trawl Fishery in the Great Barrier Reef Region was undertaken in 2010 and 2011, led by the GBRMPA. The report can be accessed via the GBRMPA website.

In the ten-year period 2010–2019, the fishery reported interactions with eighteen different groups of Species of Conservation Interest (SOCI) (Table 7). The number of interactions reported declined by 80% between 2010 and 2012, then steadily increased by 355% until 2018, before declining again by 64% in 2019. The number of licences and days both decreased from 2010 until 2013, then both increased until 2017, before both decreasing again in 2018 and 2019 (Figure 10). The SOCI species groups that recorded the highest number of interactions over this ten-year period were Sea snake (n=9436), followed by Leafy Sea Dragon (n=43) and Sawfish (all species combined n=43) and then Turtles (all species combined n=43) (Figure 11). Of the total interactions 2010–2019, the majority were reported as being released alive (85%), while 8% were reported as injured and 7% as dead (Figure 12).

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 26

The only groups of SOCI species recorded to interact with the ECOTF in 2019 were sea snake (n=544) and leafy sea dragon (n=5). The majority of these were released alive, with sea snakes and leafy sea dragons recording 95% and 100% respectively.

Table 7 - Total and individual species number of interactions with Species of Conservation Interest (SOCI) in the East Coast Otter Trawl Fishery 2010–2019 (Source: Fisheries Queensland CFISH Database, 5 August 2020).

Species 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 Total Bentfin Devilray 4 4 Dolphins - unspecified 1 1 Flatback turtle 3 3 3 4 3 4 1 3 24 Green turtle 1 4 10 15 Japanese Devilray 3 3 Loggerhead turtle 1 2 3 Off-shore bottlenose dolphin 1 1 Pacific ridley turtle 1 1 Pygmy Devilray 6 6 Ray - manta 2 2 Sawfish - green 2 5 5 12 Sawfish - narrow 2 1 2 5 4 6 2 18 40 Sawfish - wide 1 1 Sea dragon - leafy 48 5 53 Sea snake 1661 385 336 431 797 940 1359 1470 1513 544 9436 Seahorse - unspecified 4 1 1 6 Shark - whale 1 1 Short-beaked common dolphin 1 1 Total 1670 388 339 438 806 995 1376 1507 1542 549 9610

Figure 10 - Total Number of Interactions with Species of Conservation Interest (SOCI),Total Effort (days) and Number of Licences that recorded SOCI interactions in the ECOTF 2010–2019

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 27

Figure 11 - Total Number of Interactions with most commonly interacted SOCI species groups in ECOTF 2010-2019

Figure 12 - Total Number of Interactions with Species of Conservation Interest (SOCI) by Fate in ECOTF 2010–2019 7 Status of target stocks

The key target species in the ECOTF are prawns (Eastern King, Banana, Endeavour, Brown and Grooved Tiger, Western King, Greasy and School), Moreton Bay Bugs, and Saucer Scallop. The sustainability status of key target stocks is assessed every two years as part of the national Status of Australian Fish Stocks (SAFS) reporting process. The status for each of the ECOTF target species’ stocks for 2018 are detailed below. Details of the data and protocols used to make this assessment are available at: http://www.fish.gov.au/ReportStock. The 2020 SAFS process is ongoing and due for release in June 2021.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 28

Table 8 - SAFS classifications for East Coast Trawl Fishery species:

Species Status Reference

Eastern King Prawn (Melicertus plebejus) Sustainable Prosser and Taylor, 2018

Banana Prawn (Fenneropenaeus merguiensis) Sustainable Larcombe, Walton and Kangas, 2018

Moreton Bay Bugs (Thenus australiensis and T. parindicus) Sustainable Zeller, Larcombe, and Kangas, 2018

Endeavour Prawns (Metapenaeus endeavouri, M. ensis) Sustainable Roelofs, Larcombe and Kangas, 2018

Saucer Scallop (Ylistrum balloti) Depleted Kangas and Zeller, 2018

Balmain Bug (Ibacus chacei, I. brucei and I. alticrenatus) Sustainable Stewart, Zeller, Noell, Ingram and Kangas, 2018)

Brown and Grooved Tiger Prawn (Penaeus esculentus and Sustainable Larcombe, Zeller, Taylor and Kangas, P. semisulcatus) 2018

Western King Prawn (Melicertus latisulatus) Sustainable Noell, Beckmann, McLeay, Albury and Kangas, 2018

Redspot King Prawn (Melicertus longistylus) Not assessed in 2018 Greasy Prawn (Metapenaeus bennettae) Not assessed in 2018 School Prawn (Metapenaeus macleayi) Sustainable Taylor, Roelofs, and Ingram 2018

8 Research and Monitoring

DAF has an ongoing state-wide fishery monitoring program. Ongoing monitoring programs currently being delivered by DAF include:

• Collecting frames from commercial fishers and recreational anglers to provide length and age data. • Collecting other samples from commercial fishers, seafood processors, seafood wholesalers and retail outlets • Regular boat ramp surveys • Regular state-wide recreational fishing surveys • Commercial and charter fishing logbooks

In June 2017, the Queensland Government released the Queensland Sustainable Fisheries Strategy 2017- 2027 (the Strategy). Stakeholder feedback received during development of the Strategy almost universally identified a need to address existing knowledge gaps and improve public confidence in the information being used to manage Queensland’s fisheries resources. The Strategy recognises this feedback and includes commitments to improve monitoring and research programs, develop new data validation protocols, trial novel monitoring technology, implement a social and economic monitoring program, prepare regular stock assessments and implement a program of ecological risk assessments.

Action 1.1 in the Strategy committed to developing a monitoring and research plan to outline standards for improved data collection and guide the identification of data needs, resources and priorities. This plan was prepared and released as per the commitment. Since that period DAF has cooperated with research partners to implement appropriate research programs. Research and monitoring priorities are now drawn from information needs in the fishery harvest strategies, recommendations from ERAs, conditions of wildlife

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 29 trade operation approvals, outcomes of stock assessments and the national Status of Australian Fish Stocks (SAFS) process.

At the February 2019 trawl fishery working group meeting, members discussed research priorities for the fishery and identified the following:

• Sea grass impacts from recent flooding and impacts on fisheries production

• Economic and social information including labour force to attract and retain employees

• Co-management models from other fisheries and opportunities for the trawl fishery

• Benefits of line-trawling in reducing bycatch and reducing trawl footprint

• Understanding sensitive benthic habitats in southern parts of the fishery

• Building export opportunities

• White Spot Disease and impacts on wild populations

Action 1.2 in the Strategy committed to additional biological monitoring of key stocks. Collection of additional biological data is now being undertaken in partnership with commercial, recreational and indigenous fishers. An example relevant to the trawl fishery is provided below.

To improve understanding of some target & byproduct species harvested in Queensland’s commercial trawl fisheries, fishery independent monitoring programs exist for eastern king prawns and scallops. These consist of annual trawl surveys which collect information on stock levels with the scallop project also investigating the relationships between scallop abundance and physical properties of the seafloor and deriving an updated estimate of the scallop’s natural mortality rate (see Saucer Scallop section above for more detailed information). These data sets are incorporated into stock assessments for scallops and the prawn survey is an important dataset for the EKP assessment which is currently being updated. These assessments provide biomass outputs that feed into the draft harvest strategy harvest control rules for the target species in each trawl region and help inform management advice for the fishery. Further work is underway to update assessment outputs for Tiger Prawn and Moreton Bay Bugs. A 3-year independent project on Moreton Bay Bugs has also commenced. This project aims to map the distribution of the two different bug species landed in Queensland. This will help improve catch rate estimates along with hopefully being able to better define bug and scallop grounds to improve the management of the region.

The eighth state-wide recreational fishing survey began in February 2019 and was completed in April 2020. This survey report provides additional information on recreational fishing effort and catch on the Queensland east coast.

The boat ramp survey program is ongoing more than 40 boat ramps across 15 regions in Queensland. The program collects data on more than 40 different species of fish and crustaceans, which are identified by trained interviewers. They record the number of each of these species that are kept or released. They also measure the length of 36 of these species.

The Strategy commits to developing a program of routine stock assessments that can be regularly updated (annually or at least every two years). New stock assessment specialists were appointed to deliver this program along with a dedicated stock assessment team manager. The team has undergone training in off the shelf stock assessment software and are developing processes to automate all stages of the stock assessment process. Completed stock assessments for species completed thus far can be found at https://www.daf.qld.gov.au/business-priorities/fisheries/monitoring-compliance/data/sustainability- reporting/fish-stock-assessment-reports

Roll out of compulsory Vessel Tracking commenced in Queensland on 1 January 2019. Vessel Tracking data now provides 100% coverage of real time satellite vessel monitoring for all commercial primary and

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 30 dory vessels. The data represent fishery independent electronic monitoring that can validate the time and location of commercial fishing platforms. These data are being used to validate commercial logbook data and will be used to update species exposure to fishing related impacts in ecological risk assessments.

Action 1.3 in the Sustainable Fisheries Strategy committed to develop partnerships to trial the use of novel technologies for fisheries monitoring, such as apps, robotic vision, spatial interfaces and mapping, social media and citizen science. Since rollout of the Strategy, there are now a number of ongoing projects contributing to this commitment. Potential for robotic vision and on-board electronic monitoring has been assessed via two contracts, progressed as a partnership between DAF and the Advance Queensland Small Business Innovation Research (SBIR) program (see further details at https://advance.qld.gov.au/sbir- recipients ). Report results and recommendations were provided to DAF in 2020 and are being incorporated in a broad data validation program in development.

Action 1.4 committed to development of a data validation plan. This plan has been published and is available at https://www.publications.qld.gov.au/dataset/queensland-sustainable-fisheries- strategy/resource/dfbddda3-f0e4-47a2-ba25-644b999734d8 Elements of the data validation plan are currently being progressed.

Action 1.5 committed to developing and implementing a practical and cost-effective system for collection of economic and social data. Comprehensive descriptions of economic and social indicators for Queensland’s fisheries are now available at Fisheries economic and social data | Department of Agriculture and Fisheries, Queensland (daf.qld.gov.au)

Design and implementation of an improved data validation program has since commenced with a dedicated project manager and procurement support in place. An internal Working Group and Steering Committee have been established to oversee the program and a separate working group has been established with other jurisdictions to share resources and solve common challenges. Current priorities are to finalise a project plan for operationalising the pilot, identify suitable E-monitoring systems, and develop a roadmap for the regulatory changes required to enable full implementation of digital observers following the pilot. Data collected by the monitoring programs are entered into the Fisheries Queensland data system, where they are subject to various quality control measures. Quality control in the data systems is being further enhanced by measures described in the Sustainable Fisheries Strategy Data Validation Plan (see https://publications.qld.gov.au/dataset/queensland-sustainable-fisheries-strategy/resource/dfbddda3-f0e4- 47a2-ba25-644b999734d8 ). Fisheries data are available publicly via the QFish system at http://qfish.fisheries.qld.gov.au/. Some restrictions are placed on the availability of data obtained through QFish to protect confidentiality. Data can also be extracted from the system on request via the Fisheries Data Coordinator.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 31

9 References BoM, 2012, Record-breaking La Nĩna events. An analysis of the La Nĩna life cycle and the impacts and significance of the 2010-11 and 2011-12 La Nĩna events in Australia. Bureau of Meteorology, Melbourne.

Campbell, M., Courtney, A., Wang, N., McLennan, M. & Zhou, Shijie. (2018). Estimating the impacts of management changes on bycatch reduction and sustainability of high-risk bycatch species in the Queensland East Coast Otter Trawl Fishery. FRDC Final Report Project number 2015/014, Brisbane, Queensland. 64 pp. Courtney, A. J., Haddy, J. A., Campbell, M. J., Roy, D. P., Tonks, M. L., Gaddes, S. W., Chilcott, K. E., O’Neill, M. F., Brown, I. W. & McLennan, M. (2007). Bycatch weight, composition and preliminary estimates of the impact of bycatch reduction devices in Queensland’s trawl fishery. Brisbane, Queensland: Department of Primary Industries and Fisheries, Queensland Government.

Department of Agriculture and Fisheries (2016a). Outcomes of the Fisheries 2015 QRAA Assistance Schemes (associated with the introduction of net-free zones). Available at https://www.business.qld.gov.au/industries/farms-fishing-forestry/fisheries/net-free-zones/assistance (Accessed 21 November 2018).

Department of Agriculture and Fisheries (2016b). Outcomes of the Fisheries 2016 QRAA Assistance Scheme (associated with the introduction of Net Free Zones). Available at https://www.business.qld.gov.au/industries/farms-fishing-forestry/fisheries/net-free-zones/assistance (Accessed 21 November 2018).

Department of Agriculture and Fisheries (2018). Queensland Fisheries Summary. In Queensland Government. Brisbane.

Department of Agriculture and Fisheries (2019a). Fisheries reform: changes to fisheries regulations, September 2019. Available at https://www.daf.qld.gov.au/business- priorities/fisheries/sustainable/sustainable-fisheries-strategy/fisheries-reforms (Accessed 4 July 2020).

Department of Agriculture and Fisheries (2019b). QFish. Available at http://qfish.fisheries.qld.gov.au/ (Accessed 7 June 2020).

Department of Agriculture Fisheries and Forestry (2012). Queensland commercial fishing entitlements 2004–2012 overview. Brisbane, Queensland: Department of Agriculture Fisheries and Forestry, Queensland Government.

Fisheries Research and Development Corporation (2003). The National Recreational and Indigenous Fishing Survey. In NSW Fisheries Report Series (Henry, G. W. & Lyle, J. M., eds.).

Jacobsen, I., Zeller, B., Dunning, M., Garland, A., Courtney, T. & Jebreen, E. (2018). An Ecological Risk Assessment of the Southern Queensland East Coast Otter Trawl Fishery and the River & Inshore Beam Trawl Fishery. p. 206. Brisbane, Queensland: Department of Agriculture and Fisheries, Queensland Government.

Pears, R. J., Morison, A. K., Jebreen, E. J., Dunning, M. C., Pitcher, C. R., Courtney, A. J., Houlden, B. & Jacobsen, I. P. (2012). Ecological Risk Assessment of the East Coast Otter Trawl Fishery in the Great Barrier Reef Marine Park: Technical Report.

Webley, J., McInnes, K., Teixeira, D., Lawson, A. & Quinn, R. (2015). Statewide Recreational Fishing Survey 2013-14. In Queensland Government. Brisbane, Australia.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 32

10 Progress against conditions of approval Queensland East Coast Otter Trawl Fishery

Number Condition Progress

1 Operation of the fishery will be carried out in The management regime for the fishery has changed. On 1 September 2019, the accordance with the management regime in force Fisheries Regulation 2008 was repealed and replaced with the Fisheries (Commercial under the Queensland Fisheries Act 1994 and the Fisheries) Regulation 2019, Fisheries (General) Regulation 2019, Fisheries Declaration Fisheries Regulation 2008. 2019 and Fisheries Quota Declaration 2019. The ECOTF continues to be managed in accordance with the Queensland Fisheries Act 1994 and its subordinate legislation listed above. Schedule 2 of the Fisheries (Commercial Fisheries) Regulation 2019 now defines the fishery, fishery symbol(s), fishery area, what fish may be taken and other conditions. The fishery is now categorised under the new title “East Coast Trawl Fishery”, which also includes the River and Inshore Beam Trawl Fishery. 2 The Queensland Department of Agriculture and DAF continues to inform DAWE (formerly DoEE) of any intended material changes to Fisheries (DAF) to inform the Department of any the East Coast Otter Trawl management arrangements. intended material changes to the East Coast Otter In June 2017, the Queensland Government released the Queensland Sustainable Trawl management arrangements that may affect Fisheries Strategy 2017-2027 (the Strategy). The Strategy describes the government’s the assessment against which Environment reform agenda for fisheries management and paves the way for Queensland to have Protection and Biodiversity Conservation Act 1999 world class fisheries management systems. The Strategy sets out clear targets to be decisions are made. achieved by 2020 and 2027 and specific actions to deliver on the vision and targets. There are 33 actions covering 10 major areas of reform (for details see https://www.daf.qld.gov.au/business-priorities/fisheries/sustainable/sustainable- fisheries-strategy ). Delivering commitments described in the Strategy will require some legislative amendments, regulatory reform and changes to management arrangements. Some changes have already been implemented, such as the introduction of the Fisheries (Sustainable Fisheries Strategy) Amendment Bill 2018 (the Bill – see details below) and the restructuring of subordinate legislation under the Fisheries Act 1994 (details below). DAF will ensure DAWE are notified of all intended material changes to the East Coast Trawl Fishery. Fisheries (Sustainable Fisheries Strategy) Amendment Bill 2018 On 28 February 2019, the Queensland Parliament passed the Fisheries (Sustainable Fisheries Strategy) Amendment Bill 2018. The Bill was implemented (7 March 2019)

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 33

and details are available at https://www.legislation.qld.gov.au/view/pdf/bill.first/bill-2018- 047 Changes introduced by the Bill enabled DAF to; • modernise the objectives of the Fisheries Act 1994 and recognise the interests of key stakeholder groups; • clarify the roles of the Fisheries Minister and the chief executive in the management of the State’s fisheries to allow for more responsive decision-making through the use of harvest strategies; • establish penalties to address serious fisheries offences such as black marketing; and • reduce complexity and remove redundant provisions. Fisheries Act 1994 and subordinate legislation On 1 September 2019, the Queensland Fisheries Regulation 2008 was repealed and replaced by: • Fisheries (Commercial Fisheries) Regulation 2019 • Fisheries (General) Regulation 2019 • Fisheries Declaration 2019 • Fisheries Quota Declaration 2019 All four are available at https://www.legislation.qld.gov.au/view/html/inforce/current/act- 1994-037 under ‘subordinate legislation’. 3 The Queensland Department of Agriculture and DAF continues to produce and present reports annually to the DAWE as per the Fisheries to produce and present reports to the condition. Department of the Environment and Energy annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 34

4 DAF to: DAF has: a. complete and publish the ecological risk a. Completed and published an ecological risk assessment for the area of the fishery assessment for the area of the fishery south of south of the Great Barrier Reef Marine Park. The Ecological Risk Assessment of the Great Barrier Reef Marine Park, and the Southern Queensland East Coast Otter Trawl Fishery and River and Inshore

Beam Trawl Fishery was prepared in 2015 and published in 2018, which is based on

the management regime used in the East Coast Trawl Fishery (ECTF) at that point in time. The report describes outcomes of a comprehensive qualitative ecological risk assessment, which was undertaken as part of a formal review of the Fisheries (East Coast Trawl) Management Plan 2010. The assessment included all waters fished by otter trawls between the southern limit of the Great Barrier Reef Marine Park and the New South Wales border, as well as areas of the River and Inshore Beam Trawl Fishery. The assessment focused on the prawn-trawl and tropical saucer scallop fishery, including both targeted and non-targeted species that interact with or have the potential to interact with the ECTF during normal fishing operations. The assessment expanded on similar reports prepared by Pears et al. (2012a) and Astles et al. (2009) to assess trawl risk in the Great Barrier Reef Marine Park and the NSW Ocean Trawl Fishery respectively. Together these three assessments create a composite model of trawl related risks to marine species and habitats on the east coast of Australia. This is a substantial body of information that can be used effectively as part of a broader ecosystem-based fishery management (EBFM) approach. The primary aim of the current study was to build on the results obtained by Pears et al. (2012a) and Astles et al. (2009) by assessing the risks associated with trawl fishing in areas not included in those assessments, namely areas fished by otter trawlers in southern Queensland and beam trawl operations. The assessment did not consider the Sustainable Fisheries Strategy 2017 – 2017 which was released by the Queensland Government in June 2017. This Strategy includes a detailed commitment to publish a guideline on Ecological Risk Assessments and undertake ERAs for priority fisheries or species by 2020. The methodology used to construct these ERAs will differ from that used in the ECTF. Additional work has also been undertaken in the ECTF since the Ecological Risk Assessment of the Southern Queensland East Coast Otter Trawl Fishery and River and Inshore Beam Trawl Fishery, was published including a quantitative ERA assessing high-risk bycatch species within the otter trawl fishery, Estimating the impacts of management changes on bycatch reduction and sustainability of high-risk bycatch species in the Queensland East Coast Otter Trawl Fishery. As such, the results of the initial report should be considered in conjunction with the later. DAF researchers assessed aspects of the environmental impacts of ECOTF for the study Estimating the impacts of management changes on bycatch reduction and

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 35

sustainability of high-risk bycatch species in the Queensland East Coast Otter Trawl Fishery. A suite of management measures implemented in 2001 resulted in a reduction in discards from a peak of 87,175 tonnes in 1997 to 25,271 in 2014, or 71%. This reduction was measured using quantitative methods based on catch, fishing effort and swept area. The risk posed to elasmobranchs from trawling operations south of the Great Barrier Marine Park was also assessed using a quantitative method known as Sustainability Assessment for Fishing Effects (SAFE). Of the 47 species assessed, one, the Piked Spurdog, was found to be at high risk. A further six species were found to be at medium risk, with the remainder at low risk. b. address risk to species and habitats identified as b. A priority of the Strategy was to publish a guideline on assessing the ecosystem being at or above intermediate risk from the impact of fishing activities including the process for prioritising and undertaking impacts of fishing in the risk assessments (areas ecological risk assessments. The Fisheries Queensland Ecological Risk south of the Great Barrier Reef and within the Assessment Guideline was completed and published in 2018 and provides an Great Barrier Reef Marine Park) according to overview of Queensland’s ERA framework including the risk prioritisation process, protocols described in the Fisheries Queensland methodology and timeframes. The guideline also provides an overview of how ERAs Ecological Risk Assessment Guideline and will connect and contribute to other reform areas outlined in the strategy. encourage additional research through the Results of the Ecological Risk Assessment of the Southern Queensland East Coast Fisheries Queensland Monitoring and Research Otter Trawl Fishery and River and Inshore Beam Trawl Fishery indicate that trawling Plan. represents a relatively low risk for the majority of ecological subcomponents that were assessed. Of the 171 ecological subcomponents that were assessed, 87.8% were at low to intermediate risk from trawling. Only 9.9% of the ecological subcomponents were assessed as high risk over the same period. Based on the results, the following broader observations could be made with respect to the overall risks and the potential impacts of trawling within the study area over the next 20 years:

• the vast majority of harvest species and bycatch ecological subcomponents were assessed as being at low to intermediate risk due to trawl fishing activities; • most of the 17 species where overall risk was rated as high were from the species of conservation concern ecological component; • elasmobranchs (sharks and rays) had the highest representation with respect to the number of species (n = 15) at high risk from trawling; • a high number of the high risk ratings obtained for elasmobranchs are considered to be conservative in nature and were heavily influenced by data deficiencies;

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 36

• half of the marine habitat ecological subcomponents had an intermediate risk from trawling; however, • risk ratings for the marine habitat ecological subcomponents should be considered preliminary as the broader applicability of these evaluations was limited by regional data deficiencies.

APPENDIX 7 details the summary of the overall risk ratings for each ecological component assessed as part of the southern Queensland and RIBTF ERA. APPENDIX 8–APPENDIX 11 details individual species where the overall risk ratings were considered at or above intermediate risk for each ecological component assessed as part of the Southern Queensland and RIBTF ERA. The Queensland Government is committed to ensuring fisheries resources are managed in a sustainable and responsible manner that recognises the interests of all Queenslanders. A key action of the Sustainable Fisheries Strategy is to improve stakeholder engagement through fishery-specific working groups. The purpose of the Trawl fishery working group is to provide advice on the operational aspects of the management of the ECOTF.

The objectives of the working group are as follows: 1. To assist with the development of management options for the ECOTF consistent with the Strategy. 2. To assist with the development of a harvest strategy for the ECOTF by the end of 2018. 3. To provide advice to Fisheries Queensland on operational issues and management of ECOTF. The role of working group members is to: • Provide operational advice to Fisheries Queensland on particular fisheries and fishing methods. • Assist with the development and implementation of harvest strategies. • Consider information and provide advice on fishery performance (e.g catch rates, fishing power). • Provide advice on management actions or reforms needed to achieve the established management objectives for the fishery. • Assist with identifying ways to best manage broader ecosystem impacts of fishing.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 37

• Provide advice on emerging issues (e.g compliance, data, legislation, research). • Assist with disseminating factual information back to other stakeholders in the fishery.

Since established, the trawl fishery working group have met nine times between October 2017 and April 2021, with an additional five regional workshops in 2019. Updates on the latest scallop situation and management action required to support rebuilding were discussed at each meeting.

Expressions of interest for the new Fishery Working Group for trawl were released on 23 December 2020 and closed on 31 January 2021. Membership of working groups was finalised in February 2021 and the working group held a meeting on April 27–28 2021. 5 DAF to: DAF has:

a. build stock resilience by working towards a. built stock resilience by working towards maximum sustainable yield in the short maximum sustainable yield in the short term and term and building to maximum economic yield for all fished stocks. building to maximum economic yield for all fished stocks For the past two years, Fisheries Queensland has worked with stakeholders to develop draft harvest strategies for most of Queensland’s fisheries. Fishery working b. implement management measures to support the groups, meetings with stakeholders and the Sustainable Fisheries Expert Panel recovery of saucer scallops to ecologically have played an important role in identifying objectives, timeframes, indicators, sustainable levels and prevent future overfishing reference points (including maximum sustainable yield and maximum economic yield) that form the basis of each harvest strategy. Harvest Strategies have been c. develop and implement finer scale management drafted for the ECOTF but have not yet been finalised. tools to improve spatial control of effort across all sectors of the fishery b. implemented management measures to support the recovery of saucer scallops to ecologically sustainable levels and prevent future overfishing d. ensure that total effort in the Great Barrier Reef World Heritage Area does not increase above the Measures taken to meet this condition are summarised in the table below: historic proportion of total fishing effort in the East Coast Otter Trawl Fishery

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 38

Year Research and Monitoring actions Management changes 2016 In October 2016 a stock In December 2016, DAF introduced assessment was prepared in initial management action in response to industry concern over response to the stock assessment declining trends in landings since released in October. Temporal and 2012. The assessment estimated spatial closures of the fishery were biomass may be as low as 5-6% of implemented to reduce fishing unfished (1977) biomass. effort, which included: Quantitative assessment of the • closing all scallop Queensland saucer scallop replenishment areas (Amusium balloti) fishery - DAF • introducing a winter no-take closure from 1 May to 31 eResearch Archive (eRABBB) October each year

Scallops were classified as overfished in the 2016 Status of Australian Fish Stocks report SAFS Report - Prod (fish.gov.au)

2017 Fishery-independent trawl survey of From 3 January 2017, all six scallop abundance was scallop replenishment areas reintroduced and undertaken in (SRAs) located off Yeppoon, 2017 Bustard Head and Hervey Bay (Qld government provided funding closed to all scallop fishing. This for survey which was subsequently included the three SRAs that were repeated in 2018 and 2019. The due to open on 3 January 2017. survey had initially been comprehensively carried out from 1997–2000, but from 2001–2006, the number of strata and sample sites were reduced and in 2006 the survey ceased.) 2017/18 A three-year research and monitoring program commenced by a collaborative team from DAF, FRDC and universities (JCU and UQ). The project’s aims were to

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 39

improve stock assessment and management advice by: 1. improving the fishery- independent survey design and analyses, (surveys conducted annually in September-October) 2. examining relationships between scallops and seafloor properties and developing predictive models of scallop habitat, and 3. deriving an additional, updated estimate of scallop natural mortality rate

Scallops were classified as a depleted stock in the 2018 Status of Australian Fish Stocks report. Ballots Saucer Scallop 2018 (fish.gov.au)

2018 Fishery-independent trawl survey of scallop abundance undertaken in 2018 (second since the reintroduction) 2019 Updated stock assessment (2018 Despite the improvement, data) estimated biomass had modelling indicated that the increased to 22% of unfished management arrangements biomass following an extension of currently in place, have not been the management actions sufficient to enable saucer scallops implemented from 2016. to rebuild to sustainable levels, and further management action is required.

On 1 December 2019, a scallop effort cap of 118 635 effort units (2145 boat-days) was implemented for region 3.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 40

The winter no-take closure was also extended for an additional month from October to November in order to provide further protection. 2019 Fishery-independent trawl survey of scallop abundance undertaken in 2019 (third since the reintroduction) 2020 Updated stock assessment released In June 2020, consultation was in July 2020 (2019 data) estimated undertaken with the Trawl Working biomass had declined to 17% of the Group, including advice from the unfished level and that stock Southern Inshore Trawl Harvest building is unlikely to occur unless Strategy members, to consider the further management action is taken. results of the 2020 (2019 data) Stock Assessment of Ballot's saucer stock assessment. scallop (Ylistrum balloti) in Queensland - DAF eResearch In September 2020, following consultation, further management Archive (eRABBB) actions were introduced to help rebuild the scallop biomass. These Concern raised that environmental included: influences, such as rising sea • reducing the scallop effort cap surface temperature, may be from 118,865 to 80,000 effort negatively affecting scallop stocks, units (150 tonnes in 2020) for and the sustainable yields, the southern offshore and estimated through the stock inshore trawl regions allowing assessment, may be lower than the population to build to 40% projected in 8 years.

• implementing an additional

four weeks of no fishing

closures in the southern

Inshore Trawl Region (no

fishing from midday

20 September until midday 20

November and from midday

23 December until midday 3

January); and

• reducing the time-period permitted for trawling in the

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 41

Southern Offshore Fishery Region (from 24 hours to 14 hours). • shortening the closure period for taking or possessing saucer scallops for the southern offshore and inshore trawl regions by 10 days. This will balance the need to protect scallop stocks by the reduction in the scallop effort entitlement, which has the potential of affecting the livelihood of fishers who do not travel outside the southern inshore region, with additional fishing days. • implementing an additional 31 days restriction on the possession or use of trawl nets in the Southern Inshore Trawl Region. This is comprised of a 19-day extension of the existing six week closure, which reduces fishing pressure on all stocks, including scallops, while still allowing fishers to continue to fish during the peak market period leading up to Christmas. This is combined with a 12 day restriction during the Christmas/new year period to allow fishers to have time off without risk of the total effort entitlement being reached during this time and to allow scallop meat quality to improve. The restrictions will not apply to a person

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 42

possessing or using an otter trawl net under a T6, T7, or T8 licence. Fishers will still be able to continue to fish for other species outside of the Southern Inshore Trawl Region during the closure periods. • providing for midday commencement and end time for the effort cap period to avoid trawlers, which fish at night, having to stop and return to port after only fishing for half the night when the effort cap period expires. 2020 Fishery-independent trawl survey of scallop abundance undertaken in 2020 (fourth since the reintroduction) 2021 Results from the three-year The scallop effort cap in the research and monitoring program Southern Inshore trawl region was made publicly available in March reached on 4 April 2021. 2021: Commercial fishers cannot take Improving mortality rate estimates scallops in the Southern Inshore or for management of the Queensland Southern Offshore trawl regions saucer scallop fishery - DAF from midday 4 April 2021, until after the winter spawning closure ends eResearch Archive (eRABBB) on 20 November 2021.

2021 Updated stock assessment (2020 Results from the draft 2021 stock data) currently in review (April 2021) assessment provided to the Trawl and results not yet published. Working Group meeting 27-28 April 2021.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 43

c. The Strategy notes this fishery requires finer scale management of effort to reduce the risk to target, byproduct and bycatch species. The introduction of finer scale management controls across all sectors of the Fishery would be beneficial in ensuring the long-term ecological sustainability of the fishery.

In March 2018, public consultation was undertaken to seek feedback on reforms to several fisheries including the East coast trawl fishery. The proposed reforms included splitting the management of some fisheries into regions, introducing quotas or limits on fishing days, improving fishing gear technology, reviewing fish size and possession limits, and temporary/flexible closures for fishing. Almost 500 online survey responses were received, and 340 face-to-face meetings were held across the state.

The Discussion Paper that was developed for ECOTF, was the first step in reforming the fishery. Management regions were proposed, based on input from the Trawl Working Group and were drafted by looking at the stock boundaries for various species, overlayed with practical considerations associated with the existing licensing and gear rules. It was noted that regions based strictly on a single species stock boundary are not practical for this fishery because of the distribution of stocks and limited ability to target species with trawl gear.

Consultation was open for 8 weeks, with 75 people filling in the East Coast Trawl survey. There was mixed feedback relating to the ECOTF. Most of the feedback was in relation to whether the existing effort units should be allocated to the proposed management regions or not. There were concerns that allocation of ITE would bias larger boat operators over smaller boat operators in the fleet. Some of the other options outlined (eg. ITQ) in the paper were not supported. There was some support for regional effort caps without allocating effort units to the regions. Feedback from the discussion paper was considered by the relevant working groups with a package of recommended options considered by the Sustainable Fisheries Expert Panel.

In January 2019, the Queensland Government released a directions paper to ensure all fishers and the broader community were aware of the government’s direction on how best to manage priority fisheries, including the ECOTF. It outlined the key reforms, which for the ECOTF included some specifics on management regions including splitting the trawl fishery into five regions, allocating effort units to those regions and setting regional effort caps based on at least achieving maximum sustainable yield and adjust as needed through harvest strategies.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 44

Another discussion paper was released June 2019, on proposed amendments to the Fisheries Regulation 2008. As a result of this consultation, a number of changes were made to the structure of fisheries legislation (establishing two separate Regulations), along with changes to some recreational, charter and commercial fishing rules.

Changes to commercial fishing trawl rules were as follows: To allow management of fish stocks at a regional level, • New management regions were established in the East Coast Trawl Fishery (replacing the existing Northern and Southern Regional Waters): o Southern Inshore Trawl Region o Southern Offshore Trawl Region o Central Trawl Region o Northern Trawl Region To help rebuild scallop stocks: • Extended winter no-take of scallop by a month to 1 May and 30 November in the Southern Inshore and Southern Offshore trawl regions • Introduced a scallop effort cap in the Southern Inshore Trawl Region of 118 635 units (if effort reaches the cap between 1 December and 24 April scallop will become no take)

To prevent targeting of small prawns in the southern offshore region: • Introduced strip closures to protect small prawns in the Southern Offshore Trawl Region between 2 November and 1 March in the following areas: o Stradbroke Island o Caloundra to Moreton Island o Fraser Island

These new fisheries Regulations commenced on 1 September 2019. Further changes to the scallop sector were also made in September 2020 and are detailed earlier in this submission.

d. ensured that total effort in the Great Barrier Reef World Heritage Area (GBRWHA) does not increase above the historic proportion of total fishing effort in the East Coast Otter Trawl Fishery

DAF reintroduced an effort cap in the GBRWHA in 2009. This cap took account of effort units bought out by the Australian Government after rezoning of the Great

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 45

Barrier Reef Marine Park on 1 July 2004. The cap reduces annually to allow for effort creep in the fishery.

DAF continues to ensure that any changes to total allowable effort in the ECOTF or changes to the fishery’s management structure do not result in an increase in the effort in the GBRWHA above the historic proportion of total fishing effort in the fishery.

In addition, the reforms outlined earlier in this submission will provide the necessary tools to manage Queensland’s fisheries resources sustainably. These reforms are a significant step forward on delivering three actions in the Reef 2050 Long Term Sustainability Plan and demonstrates the Queensland Government’s commitment to the Great Barrier Reef. In particular, actions to reduce impacts on non-target species, and review of the regulatory structure of fishing to ensure the sustainability of Queensland’s fisheries.

6 In consultation with relevant stakeholders, DAF to For the past two years, Fisheries Queensland has worked with stakeholders to develop develop and implement a statistically robust draft harvest strategies for Queensland’s major fisheries. Harvest strategies have been monitoring regime with appropriate levels of prepared for the ECOTF and subjected to public consultation. Legislative amendments fisheries independent data to inform the introduction to define trawl regions that align with the proposed harvest strategies are in place to of harvest strategies for target species, including allow the strategies to function at the appropriate scale when in place. robust and quantitative data on byproduct and bycatch species (including EPBC Act protected Within the trawl fishery, fishery independent monitoring programs exist for eastern king species). prawns and scallops. These consist of annual trawl surveys which collect information on stock levels with the scallop project also investigating the relationships between scallop abundance and physical properties of the seafloor and deriving an updated estimate of the scallop’s natural mortality rate. These data set feed into an annual stock assessment for scallops and the prawn survey is an important dataset for the EKP assessment which is currently being updated. These assessments provide biomass outputs that feed into the draft harvest strategy harvest control rules for the target species in each trawl region and help inform management advice for the fishery. Further work is underway to update assessment outputs for Tiger Prawn and Moreton Bay Bugs.

A 3 year independent project on Moreton Bay Bugs has also commenced. This project aims to map the distribution of the two different bug species landed in Queensland. This will help improve catch rate estimates along with hopefully being able to better define bug and scallop grounds to improve the management of the region.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 46

Independent work has also commenced on the collection and analysis of fishery economic data from trawl operators throughout Queensland. This information may support bio-economic assessment models being developed with the ability to produce associated MEY harvest and effort estimates for key stocks in the fishery.

7 Risks associated with habitat to be re-evaluated There has not been an ERA prepared for the ECOTF using the SFS methods. once new assessments under the Fisheries As described in the response to Condition 4a, there are alternative ERA reports and Queensland ERA Guideline are progressively other scientific documents already published which assess risk mitigation strategies in implemented from 2018. DAF to commit to the ECOTF. DAF is reviewing these reports to determine the best method to prepare a mitigating unacceptable risks to species and contemporary risk assessment for the fishery. A whole-of-fishery ERA for the ECOTF habitats resulting from fishing activities. Under the may not be warranted under the current circumstances and a number of alternative Queensland Sustainable Fisheries Strategy 2017- options are being considered. These include limiting the focus to an area of concern 2027, species and habitat considered to be at high within the fishery, for example: risk will be prioritised for management action. • Complex-specific ERAs (e.g. elasmobranchs, sea snakes etc.) • Sector-specific ERAs as per their primary target species and respective fishing grounds (e.g. eastern king prawn, scallop etc.) • Regional-specific ERAs as per their respective harvest strategies (e.g. Central Trawl Region, Moreton Bay Trawl Region etc.) When the harvest strategies are finalised in 2021, the fishery working group will commence work on a bycatch mitigation strategy for the fishery. The updated ERA will be incorporated into that process.

11 Progress against conditions of approval for Part 13

Number Condition Progress

A The Queensland Department of Agriculture and Fisheries The Queensland Department of Agriculture and Fisheries (DAF): (DAF) to:

a. provide effective education to fishers to increase the a. provides educational material for fishers to assist with identification. A accuracy of reporting of protected species interactions in comprehensive fish identification guide is available at logbooks, https://www.daf.qld.gov.au/fish-identification-information/fish-species- guide including identification material for protected species and sharks and rays.

DAF is using the fishery working groups to promote the importance of accurate reporting of protected species interactions in logbooks. During the reform process, meetings have been held throughout Queensland in which

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 47

attendees were briefed about the importance of accurate reporting of protected species interactions in logbooks.

A process has commenced to update Species Of Conservation Interest (SOCI) logbooks to include more specific fate codes and better species identification images and methods to allow more accurate reporting by fishers. This process will also better clarify the criteria for reporting in the SOCI logbooks, improve definitions and align to the MoU between DAWE and DAF for reporting of interactions with SOCI.

b. continue to support research or monitoring that b. continues to support research or monitoring that investigates the ecological investigates the ecological risk posed by the fishery to risk posed by the fishery to sea snakes or develops new mitigation sea snakes, or develops new mitigation methods, and methods.

DAF have initiated trials of the Kons Covered Fisheye (as used in the Northern Prawn Fishery) to test its effectiveness in the tiger prawn fishery in North Queensland. The initial stage of trials which commenced in early 2020 involve the use of permits for individual fishers to test the design to see if it has potential for use on the east coast. Initial anecdotal feedback has been positive with definite reductions in bycatch observed. DAF will continue to work with fishers to refine the design of this BRD and look to conduct a broader trial program including additional fishers. c. continue to monitor and report on the uptake and correct c. continues to monitor and report on the uptake and correct use of bycatch use of bycatch reduction devices to assist achieving reduction devices to assist achieving reductions in sea snake bycatch. reductions in sea snake bycatch DAF have increased compliance checks and enforcement of gear and associated gear sheet data as recorded in the fishery logbook. Enforcement action has been taken focussed on the completion of gear sheet data in the fishery logbook along with regularly cross checking the gear used against gear recorded during compliance inspections. Outputs used based on gear sheet information are providing more accurate usage numbers on the types and frequency of BRDs used in various sectors of the fishery.

DAF have previously legislated the use of only proven BRDs to reduce seasnakes catches in the central and northern trawl regions where interactions are most common.

B The Queensland Department of Agriculture and Fisheries The Queensland Department of Agriculture and Fisheries (DAF) continues to (DAF) to work with relevant stakeholders to determine and work with relevant stakeholders to determine and implement an improved data implement an improved data collection and validation

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 48

approach that can provide a robust monitoring regime to collection and validation approach that can provide a robust monitoring regime inform risk assessments of impacts on EPBC Act protected to inform risk assessments of impacts on EPBC Act protected species. species. In March 2018 DAF released its Data Validation Plan. The plan provides a framework for the validation and collection of more accurate fisheries information by implementing: • Processes to independently validate catch and effort fishing data including interactions with protected species. • Education programs to improve submission of accurate catch data; and • Robust systems for checking and forensically analysing incoming data.

The Data Validation Plan is not a static document and identifies immediate priorities. Subsequent annual reviews will assess the success of the actions taken and develop a future work plan that will inform deliverables in the Strategy e.g. harvest strategies. More information about the Data Validation Plan can be found at https://www.publications.qld.gov.au/dataset/queensland-sustainable-fisheries- strategy/resource/dfbddda3-f0e4-47a2-ba25-644b999734d8

Vessel tracking is now required and in place on all commercial fishing vessels (and tenders) as of 1 January 2020. Vessel tracking data are being used to validate commercial catch and effort log books, inform annual harvest strategy performance and to update ecological risk assessments for all fisheries.

Potential for robotic vision and on-board electronic monitoring has been assessed via two contracts, progressed as a partnership between DAF and the Advance Queensland Small Business Innovation Research (SBIR) program (see further details at https://advance.qld.gov.au/sbir-recipients ).

The proof of concept stage of the SBIR program produced promising results by April 2020. The two successful applicants Anchor Lab and Fish-e have been working closely with Fisheries Queensland to develop fit for purpose systems to monitor commercial fishing location, effort and catch. Electronic monitoring technology, including cameras, sensors and image recognition software were installed on a range of commercial fishing vessels during the testing phase.

DAF has appointed a project manager to oversee further development of independent monitoring systems in Queensland fisheries. There is now a multijurisdictional working group meeting regularly to share resources and solve

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 49

common problems with the challenge of implementing independent monitoring in a range of fisheries.

DAF remains committed to pursuing the completion of these programs in a safe, diligent and reasonable manner by developing fit for purpose monitoring systems that are reliable, meet appropriate safety standards, are cost-effective and minimise disturbance to fishing operations.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 50

12 List of Appendices APPENDIX 1 — Commercial East Coast Otter Trawl Fishery authorisation, communication conditions, gear and fishing area regulations according to Fisheries (Commercial Fisheries) Regulation 2019. APPENDIX 2 — Map showing Area of the M1 and M2 Trawl Fishery Symbol APPENDIX 3 — Map showing Area of the T1 Trawl Fishery Symbol APPENDIX 4 — Map showing Area of the T2 Trawl Fishery Symbol APPENDIX 5 — Principal and permitted species assessed as part of the National Status of Australian Fish Stocks (SAFS) and management methods for the Commercial East Coast Trawl Fishery.

APPENDIX 6 — Total entitlement report 01 January 2019—01 January 2020 Trawl Fishing Days By Month APPENDIX 7 — Summary of the overall risk ratings for each ecological component assessed as part of the southern Queensland and RIBTF ERA. APPENDIX 8 — Principal (targeted) species retained for sale in the southern Queensland ECOTF and the RIBTF with overall risk rating at or above intermediate risk. APPENDIX 9 — Permitted (non-targeted byproduct) species retained for sale in the southern Queensland ECOTF and the RIBTF with overall risk rating at or above intermediate risk. APPENDIX 10 — Bycatch species caught in the southern Queensland ECOTF and the RIBTF with overall risk rating at or above intermediate risk. APPENDIX 11 — Species of conservation concern with overall risk rating at or above intermediate risk in the southern Queensland ECOTF and the RIBTF.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 51

APPENDIX 1 Commercial East Coast Otter Trawl Fishery authorisation, communication conditions, gear and fishing area regulations according to Fisheries (Commercial Fisheries) Regulation 2019.

M1, M2, T1, T2, T5, T6, T7, T8 and T9 licence

Fish allowed to be Only the following fish (each a permitted fish) may be taken under the licence— taken (a) any of the following fish (each a principal fish)— (i) prawns; (ii) scallops; (iii) bugs other than Balmain bugs (each a principal bug); (iv) squid; (b) any of the following fish, if the fish are taken while taking a principal fish— (i) Balmain bugs; (ii) blue swimmer crabs; (iii) cuttlefish; (iv) mantis shrimps; (v) octopus; (vi) pipefish; (vii) red champagne lobsters; (viii) slipper lobsters; (ix) threadfin bream; (x) three-spotted crabs.

Who may take fish Permitted fish may be taken by trawling, and permitted fish taken by trawling may be possessed, only by a commercial fisher.

Fish may be taken Permitted fish may be taken in an effort year under a T1 or T2 licence only if the fish are taken under effort units with unused only with unused entitlements for the effort unit year. effort unit entitlements

Area The fishery area consists of the area of the tidal waters east of longitude 142º31.89' east. Queensland's trawl fisheries operate in all tidal waters out to the Queensland east coast offshore constitutional settlement boundary between Cape York and the New South Wales border, with the following exceptions: • areas closed to trawling under fisheries legislation • areas closed to fishing in Queensland marine parks (administered by the Department of Environment and Science) • areas closed to fishing under the Great Barrier Reef Marine Park Zoning Plan 2003, which is administered by the Great Barrier Reef Marine Park Authority • waters over 300m deep (trawling at such depths is not feasible) • otter trawl fishing is not permitted in estuaries. Trawling in the Gulf of Carpentaria is jointly managed by the state and federal governments. For particular areas within the fishery area, see Schedule 2 Part 4 Division 1 Description of particular areas

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 52

M1, M2, T1 or T2 licence

Communication Obligation to nominate communication mode for boat conditions (1) The holder of the licence must, by notice to the chief executive, nominate a mode by which the chief executive or an inspector may communicate with the person in control of the primary boat identified in the licence whenever the person is on the boat. (2) The mode— (a) can not be by the use of a radio or vessel tracking equipment; and (b) must be able to be received on the boat instantaneously after the communication is sent by the chief executive or inspector. Examples of modes that may be nominated— a facsimile, mobile phone, radiophone or satellite phone (3) More than 1 mode may be nominated. (4) The holder may change the nominated mode by giving notice of a new nominated mode to the chief executive. (5) However, the new nominated mode must not be used until the chief executive has advised the holder that the notice of the change has been received by the chief executive.

Obligation to ensure communication with person in control The holder of the licence and the person in control of the primary boat identified in the licence must take all reasonable steps to ensure the chief executive or an inspector is, whenever the person is on the boat, able to communicate with the person by using a mode of communication nominated for the boat under section 8.

M1 or M2 licence

Where permitted fish Permitted fish may be taken only in the M1 and M2 area. may be taken

M1 and M2 area The M1 and M2 area means Moreton Bay (trawling) within the following boundary— • from latitude 27º04.93' south on Bribie Island’s western shore (approximately latitude 27º04.93' south, longitude 153º09.48' east) to latitude 27º09.19' south, longitude 153º03.91' east (the special mark flashing yellow light beacon off the Caboolture River) • to latitude 27º10.97' south, longitude 153º06.14' east (the special mark yellow flashing light beacon No. 1 at the entrance of the Scarborough Boat Harbour) • to latitude 27º11.03' south, longitude 153º07.97' east (the North Reef flashing green light beacon) • to latitude 27º14.51' south, longitude 153º07.40' east (the Garnet Rock flashing green light beacon off Margate) • to latitude 27º16.51' south, longitude 153º06.75' east (the Otter Rock flashing green light beacon off Woody Point) • to latitude 27º15.99' south, longitude 153º06.12' east • to latitude 27º19.44' south, longitude 153º06.44' east (the special mark flashing yellow light beacon off the banks of Cabbage Tree Creek) • to latitude 27º20.00' south, longitude 153º11.50' east (the Western Coffee Pot flashing green light beacon near the banks of the Brisbane River, marking the main shipping channel) • to latitude 27º18.63' south, longitude 153º12.48' east (No. 1 Entrance West flashing white and red light beacon of the main shipping channel of the Brisbane River) • to latitude 27º18.65' south, longitude 153º12.62' east (No. 2 Entrance East flashing yellow light beacon of the main shipping channel of the Brisbane River)

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 53

• to latitude 27º20.07' south, longitude 153º11.62' east (the Eastern Coffee Pot flashing red light beacon) • to latitude 27º21.64' south, longitude 153º10.53' east (the east inner bar flashing red light beacon of the main shipping channel of the Brisbane River) • to latitude 27º22.19' south, longitude 153º14.18' east (the north cardinal beacon north of St Helena Island) • to latitude 27º24.34' south, longitude 153º14.50' east (the south cardinal light beacon south-east of St Helena Island) • to latitude 27º24.86' south, longitude 153º14.56' east (the red light beacon north-east of Green Island) • to latitude 27º26.93' south, longitude 153º14.70' east (the A S Huybers flashing red light beacon off King Island, near Wellington Point) • to latitude 27º30.30' south, longitude 153º19.35' east (the flashing green light beacon off the western tip of Peel Island) • to latitude 27º32.48' south, longitude 153º20.20' east (the west cardinal light beacon off the northern tip of the bank commonly known as Banana Bank) • to latitude 27º35.20' south, longitude 153º22.83' east (the green light beacon on the south-western side of the Pelican Banks) • to latitude 27º35.65' south, longitude 153º23.83' east (the south cardinal beacon at the southern tip of the Pelican Banks) • to latitude 27º34.70' south, longitude 153º24.27' east (the flashing red light beacon on the eastern side of the Pelican Banks) • to latitude 27º34.20' south, longitude 153º24.37' east (the flashing green light beacon off the western shore of North Stradbroke Island) • to latitude 27º32.17' south, longitude 153º24.07' east (the flashing green light beacon off Wallen Wallen) • to latitude 27º31.14' south, longitude 153º23.07' east (the special mark flashing yellow light beacon at the southern tip of Goat Island) • to latitude 27º30.20' south, longitude 153º23.99' east (the southern end of Harold Walker Jetty, Dunwich, North Stradbroke Island) • along the southern side of Harold Walker Jetty to latitude 27º30.14' south on North Stradbroke Island’s western shore (approximately latitude 27º30.14' south, longitude 153º24.08' east) • along North Stradbroke Island’s western shore to latitude 27º29.60' south, longitude 153º24.15' east (the jetty at One Mile Anchorage) • along the southern side of the jetty at One Mile Anchorage to latitude 27º29.58' south, longitude 153º24.13' east (the western end of the jetty at One Mile Anchorage) • to latitude 27º29.51' south, longitude 153º22.89' east (the south cardinal light beacon known as Douglas Light) • to latitude 27º27.25' south, longitude 153º19.98' east (the green light beacon that flashes every 6 seconds off Maroom Bank) • to latitude 27º25.99' south, longitude 153º17.41' east (the isolated danger beacon on Hope Banks) • to latitude 27º25.31' south, longitude 153º18.26' east (the flashing green light beacon north of Chain Banks) • to latitude 27º24.22' south, longitude 153º20.10' east (the northernmost red lateral beacon at the entrance to Rous Channel) • to latitude 27º18.70' south, longitude 153º23.10' east (the northernmost green lateral beacon at the entrance to Fraser’s Gutter) • to latitude 27º15.90' south, longitude 153º23.06' east • east along latitude 27º15.90' south to latitude 27º15.90' south, longitude 153º23.61' east (Moreton Island’s western shore) • along Moreton Island’s western shore to latitude 27º03.68' south (Comboyuro Point approximately latitude 27º03.68' south, longitude 153º21.71' east) • to latitude 27º05.08' south on Bribie Island’s eastern shore (Skirmish Point approximately latitude 27º05.08' south, longitude 153º12.43' east) • along Bribie Island’s eastern, southern and western shores to latitude 27º04.93' south on Bribie Island’s western shore.

For other particular areas within the fishery area, see Schedule 2 Part 4 Division 1 Description of particular areas

Taking permitted fish (1) Permitted fish may be taken only by using beam trawl nets or otter trawl nets.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 54

(2) Permitted fish may be taken by a net only if the net and its use comply with this division (Division 2).

Permitted gear Beam trawl Otter trawl

Net length must be no longer than 10m Net length must not be no longer than 32.5m

Mesh size at least 38mm but no more than 60mm.

Each sweep used on a net must be no longer than 3m

Covering net (1) The part of a net within 150 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of at least 38mm but no more than 60mm. (2) The bottom half of a net, other than within 150 rows of mesh from its drawstring, must not be completely covered.

Use of chains for net (1) More than 1 line of ground chain and 1 line of tickler chain must not be used across the mouth of each net. (2) The links of the ground chain must not have a diameter of more than 10mm. (3) The links of the tickler chain must not have a diameter of more than— (a) if a ground chain is used—6mm; or (b) if something else is attached at 1 or more points to the bottom rope of an otter trawl net so that the thing is suspended below the bottom rope when the net is in use—10mm. (4) The chains must not be used with a weight or an attachment, other than an attachment for joining the chain to the net.

More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length for that type of net permitted under section 42.

A crab bag must not be used with a net unless the crab bag is a compliant crab bag.

If a beam, otter board or trawl sled is used with a net, the net may be used only if: (a) the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and (b) no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

A net, other than a try net, must include or be used with a BRD.

A net, other than a try net, must include or be used with a TED.

(1) A person may possess a beam, otter board or trawl sled used with a net only if— (a) the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and (b) no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe. (2) A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

A primary boat longer than 14m must not be used.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 55

T1 licence

Where permitted fish Permitted fish may be taken only in the T1 area. may be taken

• from latitude 27º57.91' south, longitude 154º00.06' east to latitude 28º09.88' south, longitude 153º33.10' east (point on the shore at the State’s border with New South Wales at high water mark) • along the shore and breakwall to latitude 27º56.12' south, longitude 153º25.99' east (seaward end of the southern Gold Coast Seaway breakwall) • to the northern tip of Gold Coast Seaway breakwall latitude 27º56.06' south, longitude 153º25.83' east • along the eastern shore of South Stradbroke Island to latitude 27º44.83' south, longitude 153º26.90' east • to latitude 27º43.43' south, longitude 153º27.26' east • along the eastern shore of North Stradbroke Island to latitude 27º23.64' south, longitude 153º26.40' east (Amity Point) • to latitude 27º21.82' south, longitude 153º25.68' east (Reeders Point) • along the eastern shore of Moreton Island to latitude 27º03.68' south, longitude 153º21.71' east (Comboyuro Point) • to latitude 27º05.08' south, longitude 153º12.43' east (Skirmish Point) • along the eastern shore of Bribie Island to latitude 26º50.05' south, longitude 153º07.78' east • to latitude 26º48.38' south, longitude 153º08.36' east (southern end of Kings Beach) • along the shore and breakwall to latitude 26º40.74' south, longitude 153º07.95' east (southern breakwall of Mooloolaba Harbour) • to latitude 26º40.80' south, longitude 153º07.93' east (northern breakwall of Mooloolaba Harbour) T1 area • along the shore to latitude 25º48.68' south, longitude 153º03.89' east (F↑B sign at Inskip Point) • to latitude 25º47.52' south, longitude 153º04.62' east (F↑B sign at Hook Point) • along the eastern shore of Fraser Island to latitude 25º13.50' south, longitude 152º59.50' east (Sandy Point) • to latitude 25º14.47' south, longitude 152º49.21' east (Point Vernon) • along the shore to latitude 24º45.45' south, longitude 152º24.76' east (South Head) • to latitude 24º44.83' south, longitude 152º23.84' east • along the shore to latitude 24º00.15' south, longitude 151º44.50' east (Chews Point) • to latitude 24º01.31' south, longitude 151º43.65' east (Pancake Point) • along the shore to latitude 24º00.50' south, longitude 151º36.22' east • to latitude 24º03.30' south, longitude 151º37.90' east (Blackney Point) • along the shore to latitude 24º02.22' south, longitude 151º33.87' east (Innes Head) • to latitude 24º01.98' south, longitude 151º32.75' east (Norton Point) • along the shore to latitude 23º59.46' south, longitude 151º26.43' east (Tiber Point) • to latitude 23º59.38' south, longitude 151º25.67' east • along the shore to latitude 23º56.23' south, longitude 151º21.42' east

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 56

• to latitude 23º56.13' south, longitude 151º21.26' east (near Boyne Island) • along the shore to latitude 23º51.12' south, longitude 151º18.70' east (South Trees Wharf) • to latitude 23º51.22' south, longitude 151º17.77' east (Parsons Point) • along the shore to latitude 23º49.93' south, longitude 151º15.22' east (Auckland Point) • to latitude 23º47.80' south, longitude 151º17.08' east (Tail Point, Chinaman Island) • along the eastern shore of Curtis Island to latitude 23º30.90' south, longitude 150º59.64' east (unnamed point on the shore of Curtis Island about 1.25n miles north of Maria Inlet) • to latitude 23º28.77' south, longitude 150º52.38' east • along the shore and breakwall to latitude 23º09.52' south, longitude 150º47.33' east (southern tip of Rosslyn Bay breakwall) • to latitude 23º09.52' south, longitude 150º47.10' east (northern end of Rosslyn Bay breakwall) • along the breakwall and shore to latitude 22º57.85' south, longitude 150º46.65' east (Sandy Point) • to latitude 22º56.62' south, longitude 150º47.64' east • along the shore to latitude 22º32.18' south, longitude 150º47.36' east (Cape Clinton) • to latitude 22º28.21' south, longitude 150º45.42' east (Northeast Point) • along the shore to latitude 22º20.67' south, longitude 149º54.78' east • to latitude 22º23.01' south, longitude 149º48.55' east (Charon Point) • along the shore to latitude 22º20.90' south, longitude 149º41.53' east • to latitude 22º00.00' south, longitude 149º29.68' east • along the shore to latitude 21º28.42' south, longitude 149º20.53' east (Allom Point) • to latitude 21º25.91' south, longitude 149º20.20' east (Freshwater Point) • along the shore to latitude 21º14.71' south, longitude 149º15.36' east (Dudgeon Point) • to latitude 21º12.60' south, longitude 149º11.73' east • along the shore to latitude 21º08.84' south, longitude 149º12.63' east • to latitude 21º08.86' south, longitude 149º13.26' east (East Point) • along the shore and breakwall to latitude 21º06.38' south, longitude 149º14.10' east (southern breakwall at Mackay outer harbour) • to latitude 21º06.27' south, longitude 149º13.95' east (northern breakwall at Mackay outer harbour) • along the breakwall and shore to latitude 20º29.44' south, longitude 148º42.91' east • to latitude 20º28.89' south, longitude 148º44.21' east • along the shore to latitude 20º06.80' south, longitude 148º26.81' east • to latitude 20º09.54' south, longitude 148º25.36' east • along the shore and wharf to latitude 20º01.38' south, longitude 148º15.11' east • to latitude 20º01.48' south, longitude 148º15.95' east (Dalrymple Point) • along the shore to latitude 19º16.24' south, longitude 146º50.15' east • to latitude 19º16.13' south, longitude 146º50.13' east

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 57

• to latitude 19º15.32' south, longitude 146º50.80' east • to latitude 19º14.57' south, longitude 146º50.14' east • to latitude 19º14.62' south, longitude 146º50.00' east • to latitude 19º15.01' south, longitude 146º49.74' east • to latitude 19º14.97' south, longitude 146º49.43' east • to latitude 19º14.98' south, longitude 146º49.35' east • along the shore to latitude 17º36.09' south, longitude 146º07.95' east (Hall Point) • to latitude 17º35.98' south, longitude 146º07.73' east (Goodman Point) • along the shore to latitude 17º30.65' south, longitude 146º04.22' east • to latitude 17º30.31' south, longitude 146º04.63' east (Flying Fish Point) • along the shore to latitude 16º55.36' south, longitude 145º47.21' east (Stafford Point) • to latitude 16º55.07' south, longitude 145º46.92' east (northern breakwall end at the entrance to Cairns Port) • along the breakwall and shore to latitude 16º28.69' south, longitude 145º27.85' east (Island Point) • to latitude 16º28.83' south, longitude 145º27.34' east • along the shore to latitude 15º27.43' south, longitude 145º15.33' east (northern tip of Cooktown Headland) • to latitude 15º27.60' south, longitude 145º14.45' east (Point Saunders) • along the shore to latitude 10º41.25' south, longitude 142º31.86' east (tip of Cape York Peninsula) • to latitude 10º41.25' south, longitude 145º00.06' east • to latitude 12º59.91' south, longitude 145º00.06' east • to latitude 14º59.91' south, longitude 146º00.06' east • to latitude 18º19.91' south, longitude 148º20.04' east • to latitude 18º44.90' south, longitude 152º35.04' east • to latitude 22º14.90' south, longitude 154º40.08' east • to latitude 27º47.32' south, longitude 154º40.08' east • to latitude 27º47.90' south, longitude 154º22.08' east • to latitude 27º57.91' south, longitude 154º00.06' east.

(1) Permitted fish may be taken only by using beam trawl nets or otter trawl nets. (2) However, scallops may be taken only by using otter trawl nets. Taking permitted fish (3) Permitted fish may be taken by a net only if— (a) its primary purpose is to take principal fish; and (b) the net and its use comply with this division.

Permitted gear Net and head rope lengths (1) In the following areas, a beam trawl net must be no longer than 10m and an otter trawl net must be no longer than 32.5m— (a) the Comboyuro Point to Caloundra Head area; (b) the Hervey Bay area;

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 58

(c) the Facing Island area; (d) the area; (e) the Repulse Bay area; (f) the Cleveland Bay area. (2) A net used in the Laguna Bay area must be no longer than 18.6m and have a head rope that is no longer than 8m. (3) A net used in the following waters must be no longer than 39m— (a) waters within the following boundary— (i) from latitude 16º51.83' south, longitude 145º54.97' east (Cape Grafton), along the mainland shore to latitude 16º28.93' south, longitude 145º28.00' east (Island Head Point); (ii) to latitude 16º43.75' south, longitude 145º40.71' east (Double Island); (iii) to latitude 16º51.83' south, longitude 145º54.97' east (Cape Grafton); (b) Etty Bay area regulated waters, within the following boundary— (i) from latitude 17º30.28' south, longitude 146º04.66' east (Flying Fish Point); (ii) along the shore of Etty Bay to latitude 17º33.33' south, longitude 146º05.42' east; (iii) to latitude 17º33.33' south, longitude 146º05.76' east; (iv) to latitude 17º33.72' south, longitude 146º05.85' east; (v) to latitude 17º33.72' south, longitude 146º05.61' east; (vi) along the shore of Etty Bay to latitude 17º35.47' south, longitude 146º07.62' east (near Mourilyan Harbour); (vii) to latitude 17º30.28' south, longitude 146º04.66' east (Flying Fish Point). (4) A beam trawl net used in an area other than an area mentioned in subsection (1), (2) or (3) must be no longer than 40m. (5) An otter trawl net must— (a) for a net used in the deep water net area—be no longer than 184m; or (b) for a net used in an area other than the deep water net area or an area mentioned in subsection (1), (2) or (3)— (i) for the primary purpose of taking principal bugs or scallops—be no longer than 109m; or (ii) for the primary purpose of taking principal fish, other than principal bugs or scallops—be no longer than 88m.

Net mesh size (1) A net used for the primary purpose of taking principal fish other than principal bugs or scallops must have— (a) for a net used in the following areas—a mesh size of at least 38mm but no more than 60mm— (i) the Comboyuro Point to Caloundra Head area; (ii) the Hervey Bay area; (iii) the Facing Island area; (iv) the Keppel Bay area; (v) the Repulse Bay area; (vi) the Cleveland Bay area; (vii) the deep water net area; or (b) for a net used in the Laguna Bay area—a mesh size of at least 28mm; or (c) for a net used in an area, other than an area mentioned in paragraph (a) or (b)— (i) a mesh size of at least 43mm but no more than 60mm; and (ii) a cod end with a mesh size of at least 38mm and no more than 150 rows of mesh from the drawstring. (2) A net used for the primary purpose of taking principal bugs or scallops must have a mesh size of at least 75mm.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 59

Length of sweeps of net Except for the Laguna Bay area: Each sweep used on a net must be no longer than— (a) if the net is used in the Hervey Bay area—3m; or (b) if the net is used in any other waters—10m.

Covering net (1) The part of a net within 150 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of at least 38mm but no more than 60mm. (2) The bottom half of a net, other than within 150 rows of mesh from its drawstring, must not be completely covered.

Use of chains for net (1) More than 1 line of ground chain and 1 line of tickler chain must not be used across the mouth of each net. (2) The links of the ground chain must not have a diameter of more than— (a) if the net is used in the deep water net area—12mm; or (b) if the net is used in any other waters—10mm. (3) The links of the tickler chain must not have a diameter of more than— (a) if a ground chain is used—6mm; or (b) if something else is attached at 1 or more points to the bottom rope of the net so that the thing is suspended below the bottom rope when the net is in use—10mm. (4) The chains must not be used with a weight or an attachment, other than an attachment for joining the chain to the net.

More than 1 net or more than 1 head rope must not be used from the same boat unless the combined length of the nets or head ropes is no longer than the length for that type of net or head rope permitted under section 57.

A crab bag must not be used with a net unless the crab bag is a compliant crab bag.

If a beam, otter board or trawl sled is used with a net: The net may be used only if— (a) the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and (b) no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe.

A net, other than a try net, must include or be used with a BRD.

A net, other than a try net, must include or be used with a TED.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 60

Possession of particular fishing apparatus or attachments A person may possess a beam, otter board or trawl sled used with a net only if— (a) the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and (b) no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe. A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

A primary boat longer than 20m must not be used.

Restrictions on processing scallops on commercial fishing boat Scallop processing must take place in specific waters (those mentioned in Part 7 Division 2) and where the person in control of the boat is a commercial fisher.

Tin Can Bay public wharf area Tin Can Inlet within a 1n mile radius of the public wharf at Tin Can Bay township.

Parts of Hervey Bay (1) Hervey Bay within the following boundary— • from latitude 25º19.00' south, longitude 152º55.00' east then eastward along latitude 25º19.00' south to the intersection with the western shore of Big Woody Island • north along the western shore of Big Woody Island to the northern tip of Big Woody Island • to latitude 25º17.49' south, longitude 152º55.66' east • to latitude 25º18.10' south, longitude 152º55.66' east • to latitude 25º18.10' south, longitude 152º55.00' east • to latitude 25º19.00' south, longitude 152º55.00' east. (2) Hervey Bay within the following boundary— • from the special mark known as EU1 to the south cardinal mark known as S6 • to the special mark known as S4 • to the special mark known as EU1

Burnett River from near Bundaberg to near Millaquin Sugar Mill The Burnett River, Bundaberg between the railway bridge and the shortest straight line across the river from the pump station at the Millaquin Sugar Mill.

Area near Gladstone The area near Gladstone within the following boundary— • from the green beacon near the northern shore at the mouth of Auckland Inlet to the rear lead at Targinie Channel, Middle Bank • to Permain Point on the southern tip of Picnic Island • along the western shore of Picnic Island to its northern tip • to the northern tip of Clinton Coal Wharf • to the shore on the northern side of the wharf • to the green beacon near the northern shore at the mouth of Auckland Inlet

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 61

Area near Yeppoon Waters near Double Head, near Yeppoon, within the following boundary— • from the intersection of latitude 23º10.40' south with the mainland shore (near Bluff Point) • to latitude 23º10.40' south, longitude 150º48.56' east • to latitude 23º09.65' south, longitude 150º48.56' east • to Double Head • to Wreck Point • along the shore to latitude 23º10.40' south

Area near Bowen Waters west of Stone Island, near Bowen, within the following boundary— • from Dalrymple Point to the western side of South Head, Stone Island • along the western shore of Stone Island to the tip of the sand spit at the island’s south-western tip • to the lead known as M5 • to Dalrymple Point.

Area west of Cape Cleveland Waters west of Cape Cleveland within the following boundary— • from Cape Cleveland along the shore to longitude 147º00.07' east • along longitude 147º00.07' east to latitude 19º11.91' south • along latitude 19º11.91' south to the shore • along the shore to Cape Cleveland.

Area west of Waters west of Magnetic Island within the following boundary— • from latitude 19º07.91' south, on the western shore of Magnetic Island, along the latitude to longitude 146º46.07' east • along longitude 146º46.07' east to latitude 19º08.91' south • along latitude 19º08.91' south to the shore of Magnetic Island • along the shore to latitude 19º07.91' south.

Part of North East Bay () North East Bay (Great Palm Island) within the following boundary— • from longitude 146º41.07' east, on the northern shore of Great Palm Island, along the longitude to latitude 18º42.91' south • along latitude 18º42.91' south to longitude 146º40.07' east • along longitude 146º40.07' east to the shore of Great Palm Island • along the shore to longitude 146º41.07' east.

Lucinda Services Jetty area Waters within a 1km radius of the seaward end of the Lucinda Services Jetty, Lucinda.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 62

T2 licence

Where permitted fish Permitted fish may be taken only in the T2 area. may be taken

T2 area The T2 area means waters within the following boundary— • from latitude 27º57.91' south, longitude 154º00.06' east to latitude 28º09.88' south, longitude 153º33.10' east (point on the shore at the State’s border with New South Wales at high water mark) • along the shore and breakwall to latitude 27º56.12' south, longitude 153º25.99' east (seaward end of the southern Gold Coast Seaway breakwall) • to the northern tip of Gold Coast Seaway breakwall latitude 27º56.06' south, longitude 153º25.83' east • along the eastern shore of South Stradbroke Island to latitude 27º44.83' south, longitude 153º26.90' east • to latitude 27º43.43' south, longitude 153º27.26' east • along the eastern shore of North Stradbroke Island to latitude 27º26.06' south, longitude 153º32.78' east (Point Lookout) • to latitude 27º01.67' south, longitude 153º28.09' east () • to latitude 26º48.15' south, longitude 153º09.03' east (Caloundra Head) • along the shore and breakwall to latitude 26º40.74' south, longitude 153º07.95' east (southern breakwall of Mooloolaba Harbour) • to latitude 26º40.80' south, longitude 153º07.93' east (northern breakwall of Mooloolaba Harbour) • along the shore to latitude 25º48.62' south, longitude 153º03.89' east (F↑B sign at Inskip Point) • to latitude 25º47.52' south, longitude 153º04.62' east (F↑B sign at Hook Point) • along the eastern shore of Fraser Island to latitude 24º41.83' south, longitude 153º16.00' east () • to latitude 24º44.83' south, longitude 152º23.84' east (Burnett Heads) • along the shore to latitude 24º21.40' south, longitude 151º58.66' east • to latitude 24º21.40' south, longitude 154º40.08' east • to latitude 27º47.32' south, longitude 154º40.08' east • to latitude 27º47.90' south, longitude 154º22.08' east • to latitude 27º57.91' south, longitude 154º00.06' east.

Taking permitted fish (1) Permitted fish may be taken only by using otter trawl nets. (2) Permitted fish may be taken by a net only if the net and its use comply with this division.

Gear permitted Net length (1) A net used in the deep water net area must be no longer than 184m. (2) A net used in an area other than the deep water net area must be no longer than— (a) if the net is used for the primary purpose of taking principal bugs or scallops—109m; or (b) if the net is used for the primary purpose of taking permitted fish, other than principal bugs or scallops— 88m.

Net mesh size

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 63

(1) A net used for the primary purpose of taking permitted fish other than principal bugs or scallops must— (a) have a mesh size of at least 43mm but no more than 60mm; and (b) have a cod end with a mesh size of at least 38mm and no more than 150 rows of mesh from the drawstring. (2) A net used for the primary purpose of taking principal bugs or scallops must have a mesh size of at least 75mm.

Length of sweeps of net Each sweep used on a net must be no longer than 10m.

Covering net (1) The part of a net within 150 rows of mesh from its drawstring must not be covered with netting material, unless the material has a mesh size of— (a) if the net is used for the primary purpose of taking principal bugs or scallops—at least 75mm; or (b) if the net is used for the primary purpose of taking permitted fish, other than principal bugs or scallops—at least 38mm but no more than 60mm. (2) The bottom half of a net, other than within 150 rows of mesh from its drawstring, must not be completely covered.

Use of chains for net (1) More than 1 line of ground chain and 1 line of tickler chain must not be used across the mouth of each net. (2) The links of the ground chain must not have a diameter of more than— (a) if the net is used in the deep water net area—12mm; or (b) if the net is used in any other waters—10mm. (3) The links of the tickler chain must not have a diameter of more than— (a) if a ground chain is used—6mm; or (b) if something else is attached at 1 or more points to the bottom rope of the net so that the thing is suspended below the bottom rope when the net is in use—10mm. (4) The chains must not be used with a weight or an attachment, other than an attachment for joining the chain to the net.

More than 1 net must not be used from the same boat unless the combined length of the nets is no longer than the length permitted under section 72 for a net.

A crab bag must not be used with a net unless the crab bag is a compliant crab bag.

Use of nets with particular fishing apparatus or attachments (1) This section applies if a beam, otter board or trawl sled is used with a net. (2) The net may be used only if— (a) the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and (b) no part of the beam, otter board or trawl sled, including anything attached to the beam,

A net, other than a try net, must include or be used with a BRD.

A net, other than a try net, must include or be used with a TED.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 64

Possession of particular fishing apparatus or attachments (1) A person may possess a beam, otter board or trawl sled used with a net only if— (a) the trawl shoe of the beam, otter board or trawl sled is flat and smooth; and (b) no part of the beam, otter board or trawl sled, including anything attached to the beam, otter board or trawl sled, extends below the trawl shoe. Examples of trawl sleds a person may not possess— • a trawl sled that has spikes attached to its trawl shoe • a trawl sled that has spikes attached to any part of the trawl sled if the spikes extend below its trawl shoe (2) A person must not possess a thing designed to attach to a beam, otter board or trawl sled if the thing, when attached, extends below the trawl shoe of the beam, otter board or trawl sled.

A primary boat longer than 20m must not be used. Use of BRDs BRD Options

Otter trawl net used to trawl prawns Otter trawl net used to trawl principal Beam trawl net bugs or scallops

Square mesh cod end Square mesh cod end—northern area or Scallop square mesh cod end Square mesh cod end central area (1) The cod end of a net is a recognised (1) The cod end of a net is a (1) The cod end of a net used in the BRD if the cod end complies with this recognised BRD if the cod end northern area or central area is a section. complies with this section. recognised BRD if the cod end complies (2) The cod end must be made of square (2) The cod end must be made of with this section. mesh of— square mesh of— (2) The cod end must be made of square (a) a mesh size of at least 88mm; (a) a mesh size of at least 31mm; mesh of— and and (a) a mesh size of at least 50mm; and (b) at least— (b) at least— (b) at least— (i) 50 bars in circumference; and (i) 100 bars in circumference; (i) 80 bars in circumference; and (ii) 1,500mm long. and (ii) 50 bars long. (3) The square mesh must be no more (ii) 50 bars long. (3) The square mesh must be no more than than 15 meshes from the cod end (3) The square mesh must be no more 25 meshes from the cod end drawstrings of the net. than 25 meshes from the cod end drawstrings of the net. (4) If the square mesh is single strand or drawstrings of the net. (4) If the square mesh is single strand or otherwise knotted, the cod end must (4) The square mesh must have otherwise knotted, the cod end must contain 4 evenly spaced belly ropes. installed in it a panel made of contain 4 evenly spaced belly ropes. (5) During trawling, nothing must cover square mesh of— (5) During trawling, nothing must cover any any of the square mesh other than a (a) a mesh size of at least 45mm; of the square mesh. compliant chaffing mat. and (6) In this section— compliant chaffing (b) at least— mat, for a cod end, means a mat that (i) 300mm wide; and is attached to the bottom half of the (ii) 300mm long. circumference of the cod end—

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 65

(a) only— (5) If the square mesh is single strand (i) along the leading edge of the or otherwise knotted, the cod end mat; and must contain 4 evenly spaced belly (ii) halfway along the length of ropes. each side of the mat; and (6) During trawling, nothing must cover (iii) at a point on each rear corner any of the square mesh. of the mat; and (b) along no more than half of the length of the cod end.

Square mesh cod end—deep water net area (1) The cod end of a net used in the deep water net area is a recognised BRD if the cod end complies with this section. (2) The cod end must be made of square mesh of— (a) a mesh size of at least 45mm; and (b) at least— (i) 80 bars in circumference; and (ii) 50 bars long. (3) The square mesh must be no more than 25 meshes from the cod end drawstrings of the net. (4) If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes. (5) During trawling, nothing must cover any of the square mesh.

Square mesh cod end—outside of northern area, central area and deep water net area (1) The cod end of a net used outside of the northern area, central area and deep water net area is a recognised BRD if the cod end complies with this section. (2) The cod end must be made of square mesh of— (a) a mesh size of at least 38mm; and (b) at least— (i) 80 bars in circumference; and (ii) 50 bars long.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 66

(3) The square mesh must be no more than 25 meshes from the cod end drawstrings of the net. (4) The square mesh must have installed in it a panel made of square mesh of— (a) a mesh size of at least 45mm; and (b) at least— (i) 300mm wide; and (ii) 300mm long. (5) If the square mesh is single strand or otherwise knotted, the cod end must contain 4 evenly spaced belly ropes. (6) During trawling, nothing must cover any of the square mesh.

Square mesh panel Square mesh panel—outside of central Square mesh panel area (1) A panel of a net is a recognised (1) A panel of a net used outside of the BRD if the panel complies with this central area is a recognised BRD if the section. panel complies with this section. (2) The panel must be in the top of the (2) The panel must be in the top of the cod cod end of the net. end of the net. (3) The panel must consist of a (3) The panel must consist of a surrounding surrounding panel around a centre panel around a centre panel. panel. (4) The panel must be installed so that— (4) The surrounding panel must be (a) the trailing edge of the made of square mesh of— surrounding panel is no more (a) a mesh size of at least than 35 meshes from the cod end 40mm; and drawstrings of the net; and (b) at least— (b) the trailing edge of the centre (i) 450mm wide; and panel is no more than 40 meshes (ii) 600mm long. from the cod end drawstrings of (5) The centre panel must be made of the net. square mesh of— (5) The surrounding panel must be made of (a) a mesh size of at least square mesh of— 50mm; and (a) a mesh size of at least 45mm; (b) at least— and (i) 200mm wide; and (b) at least— (ii) 300mm long. (i) 550mm wide; and (6) The panel must be installed so (ii) 700mm long. that— (6) The centre panel must be made of (a) the trailing edge of the square mesh of— surrounding panel is no more than 60 meshes from

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 67

(a) a mesh size of at least 55mm; the cod end drawstrings of and the net; and (b) at least— (b) the trailing edge of the (i) 250mm wide; and centre panel is no more than (ii) 300mm long. 65 meshes from the cod end (7) During trawling, nothing must cover any drawstrings of the net. of the square mesh. (7) During trawling, nothing must cover any of the square mesh.

Fisheye Fisheye Fisheye (1) An opening, commonly known as a (1) An opening, commonly known as a fisheye, in a net is a recognised BRD if fisheye, in a net is a recognised the opening complies with this section. BRD if the opening complies with (2) The opening must be— this section. (a) held open by a rigid frame that (2) The opening must be— consists of— (a) held open by a rigid frame (i) a semicircular-shaped frame; that consists of— and (i) a semicircular-shaped (ii) an isosceles triangle-shaped frame; and frame; and (b) no more than (ii) an isosceles triangle- 66 meshes from the cod end shaped frame; and drawstrings of the net. (b) no more than 80 meshes (3) The rigid frame must be installed so that from the cod end the apex of the equal sides of the drawstrings of the net. isosceles triangle-shaped frame point (3) The rigid frame must be installed so towards the opening of the net. that the apex of the equal sides of (4) The semicircular-shaped frame must the isosceles triangle-shaped be— frame point towards the opening of (a) at least— the net. (i) 350mm wide; and (4) The semicircular-shaped frame (ii) 150mm high; and must be— (b) divided in half by a rigid bar; and (a) at least— (c) attached, by a rigid bar— (i) 230mm wide; and (i) from the midpoint of the (ii) 100mm high; and semicircular-shaped part of (b) divided in half by a rigid bar; the frame; and and (c) attached, by a rigid (ii) to the apex of the equal sides bar— of the isosceles triangle- (i) from the midpoint of the shaped frame. semicircular-shaped part of (5) The shortest side of the isosceles the frame; and triangle-shaped frame must be— (ii) to the apex of the equal (a) equal to the width of the sides of the isosceles semicircular-shaped frame; and triangle-shaped frame.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 68

(b) attached, perpendicularly, to the (5) The shortest side of the isosceles widest part of the semicircular- triangle-shaped frame must be— shaped frame. (a) equal to the width of the (6) During trawling, nothing must cover any semicircular-shaped frame; part of the opening. and (b) attached, perpendicularly, to the widest part of the semicircular-shaped frame. (6) During trawling, nothing must cover any part of the opening.

Bigeye Bigeye Bigeye (1) An opening, commonly known as a (1) An opening, commonly known as a bigeye, in a net is a recognised BRD if bigeye, in a net is a recognised the opening complies with this section. BRD if the opening complies with (2) The opening must be— this section. (a) in the top of the net; and (2) The opening must be— (b) at least 350mm across the width (a) in the top of the net; and of the net; and (b) at least 230mm across the (c) no more than 66 meshes from the width of the net; and cod end drawstrings of the net. (c) no more than 80 meshes (3) The edges of the opening must not from the cod end overlap by more than 200mm. drawstrings of the net. (4) During trawling— (3) The edges of the opening must not (a) the part of the opening closest to overlap by more than 200mm. the mouth of the net must be (4) During trawling— weighted by chain links or other (a) the part of the opening weights; and closest to the mouth of the (b) the part of the opening closest to net must be weighted by the cod end drawstrings of the chain links or other weights; net must be buoyed by at least 2 and floats, each of which is at least— (b) the part of the opening (i) 90mm wide; and closest to the cod end (ii) 50mm in diameter; and drawstrings of the net must (c) nothing must cover any part of be buoyed by at least 1 float the opening. that is at least— (i) 90mm wide; and (ii) 50mm in diameter; and (c) nothing must cover any part of the opening.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 69

V-cut and bell cod end V-cut and bell cod end—outside of V-cut and bell cod end central area and deep water net area (1) A combination of the cod end of a (1) A combination of the cod end of a net net and a V-cut opening in the cod and a V-cut opening in the cod end end is a recognised BRD if— used outside of the central area and (a) the following number of the deep water net area is a recognised meshes of the net before the BRD if— cod end drawstrings of the net (a) the last 33 meshes of the net from have a circumference of at the cod end drawstrings of the net least 150% of the rest of the have a circumference of at least cod end— 150% of the rest of the cod end; (i) if the net has a mesh size and of less than 31mm—50; (b) the opening complies with (ii) if the net has a mesh size subsections (3) and (4); and of 31mm or more—40; (c) nothing covers any part of the and opening during trawling. (b) the opening complies with (2) However, subsection (1)(c) does not subsections (3) and (4); and apply if— (c) nothing covers any part of the (a) the meshes are left attached along opening during trawling. the forward edge of the opening (2) However, subsection (1)(c) does leaving a flap of net; and not apply if— (b) the edges of the flap do not extend (a) the meshes are left attached wider than the opening during along the forward edge of the trawling. opening leaving a flap of net; (3) The opening must— and (b) the edges of the flap (a) be in the top of the net; and do not extend wider than the (b) have 2 diagonal forward opening during trawling. measurements of 10 bars of the (3) The opening must— net; and (a) be in the top of the net; and (c) have a lateral measurement along (b) have 2 diagonal forward its forward edge of 11 meshes of measurements of the following the net. number of bars of the net (4) The apex of the opening must not be each— more than 45 meshes of the net from (i) if the net has a mesh size the drawstrings. of less than 31mm—15; (ii) if the net has a mesh size of 31mm or more—12; and (c) have a lateral measurement along its forward edge of the following number of meshes of the net—

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 70

(i) if the net has a mesh size of less than 31mm—16; (ii) if the net has a mesh size of 31mm or more—13. (4) The apex of the opening must not be more than the following number of meshes of the net from the drawstrings— (a) if the net has a mesh size of less than 31mm—65; (b) if the net has a mesh size of 31mm or more—55.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 71

Use of TEDs

Licence subject to TED It is a condition (the TED use condition) of the licence that the use of the net must achieve the purpose of a TED. use condition Compliance with TED use condition (1) The TED use condition is taken to have been complied with if— (a) a net includes or is used with a device (a recognised TED) that complies with this part; and (b) if an accelerator funnel is attached to a recognised TED—the accelerator funnel complies with section 171. (2) A device is a recognised TED if it consists of— (a) a grid that complies with section 167(1) and (2); and (b) an opening (the escape hole) in the net that complies with section 168; and (c) if the escape hole is in the bottom of the net— (i) a grid that complies with section 167(3); or (ii) floats that comply with section 170; and (d) a flap covering the escape hole that complies with section 169.

Requirements for Grid requirements recognised TEDs (1) The grid must— (a) be at least 810mm wide and 810mm high; and (b) have vertical bars, spaced no more than 120mm apart, extending from the top to the bottom of the net; and (c) be constructed as a single solid unit without any hinged or collapsible components; and (d) be attached to the entire circumference of the net; and (e) be installed and kept at an angle of between 30º and 55º in the net so that it is inclined towards the escape hole. (2) The grid must be constructed of rigid material. (3) Also, if the escape hole is in the bottom of the net, the grid must be— (a) constructed of a material with a density of no more than the density of seawater; and (b) appropriately marked with— (i) the density of the material, expressed in g/cm3 or kg/cm3; and (ii) the name of the grid’s manufacturer.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 72

Escape hole requirements (1) The escape hole must allow turtles to escape immediately after the turtles are taken in the net. (2) The escape hole must consist of— (a) a horizontal cut that is— (i) at the trailing edge of the escape hole and immediately in front of and parallel to the trailing edge of the grid; and (ii) at least 610mm wide; and (iii) no narrower than the grid, other than for 100mm at either side of the grid; and (b) 2 cuts that are each— (i) in front of and perpendicular to the trailing edge of the grid; and (ii) of equal length; and (iii) at least 660mm long if the escape hole is covered with a single flap, or at least 510mm long if the escape hole is covered with a double flap; and (c) a leading edge cut that, when the net is stretched, is at least— (i) if the escape hole is covered with a single flap— 1,810mm; or (ii) if the escape hole is covered with a double flap— 1,420mm. (3) Alternatively, the escape hole may consist of— (a) a horizontal cut that is— (i) at the trailing edge of the escape hole and immediately in front of and parallel to the trailing edge of the grid; and (ii) at least 1,020mm wide; and (b) 2 all bar cuts that each— (i) are of equal length and at least 1,360mm long; and (ii) taper from either end of the horizontal cut mentioned in paragraph (a) to where they meet. (4) Alternatively, the escape hole may consist of— (a) a horizontal cut that is— (i) at the trailing edge of the escape hole and immediately in front of and parallel to the trailing edge of the grid; and (ii) at least 610mm wide; and (iii) no narrower than the grid, other than for 100mm at either side of the grid; and (b) 2 cuts that are each— (i) in front of and perpendicular to the trailing edge of the grid; and (ii) of equal length; and (iii) at least 660mm long if the escape hole is covered with a single flap, or at least 510mm long if the escape hole is covered with a double flap; and (c) 2 all bar cuts that— (i) each intersect with, and are in front of, the perpendicular cuts mentioned in paragraph (b); and (ii) are each of equal length and at least 500mm long; and (iii) allow the escape hole, at the intersections mentioned in subparagraph (i), to stretch to, if the escape hole is covered with a single flap, 1,810mm, or if the escape hole is covered with a double flap, 1,420mm. (5) In this section— all bar cut means a cut through parallel opposing bars in a row of meshes.

Flap requirements (1) The escape hole must be covered by a rectangular flap attached to the outside of the net. (2) The flap must consist of 1 panel that— (a) has a mesh size of no more than—

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 73

(i) for a net used to trawl for prawns—50mm; or (ii) for a net used to trawl for scallops—90mm; and (b) is at least 3,380mm by 1,320mm; and (c) does not overlap the escape hole by more than 130mm on either side; and (d) is not sewn down the outside edges more than 150mm past the trailing edge of the grid; and (e) is attached, by the longer edge, to the net in front of the leading edge of the escape hole. (3) Alternatively, the flap may consist of 2 equal-sized panels that— (a) each have a mesh size of no more than— (i) for a net used to trawl for prawns—50mm; or (ii) for a net used to trawl for scallops—90mm; and (b) are each at least 1,470mm wide; and (c) do not overlap by more than 380mm along the leading edge of the panels, when each panel is fully stretched; and (d) are sewn together only along the leading edges of the panels; and (e) are attached to the net in front of the leading edge of the escape hole. (4) The trailing edge of a flap must not extend more than 610mm behind the trailing edge of the grid.

Float requirements (1) If the escape hole is in the bottom of the net, the following floats must be attached to the grid— (a) if the grid has a circumference of no more than 3,050mm, at least— (i) 2 small floats; or (ii) 1 medium float; (b) if the grid has a circumference of more than 3,050mm, at least— (i) 4 small floats; or (ii) 2 medium floats. (2) Alternatively, the following floats may be attached to the grid— (a) 3 small plastic floats; (b) 2 medium plastic floats; (c) 1 large plastic float. (3) Alternatively, 1 or more floats, with a total buoyancy at least equal to the weight of the recognised TED, may be attached to the grid if— (a) the buoyancy, expressed in grams or kilograms, of each float is appropriately marked on the float; and (b) the weight of the recognised TED is appropriately marked on the grid. (4) In this section— attached means attached to the top half of the grid— (a) inside the net and behind the grid; or (b) outside the net but not attached to a flap. large plastic float means a float made of hard plastic that is at least 250mm in diameter. medium float means a float made of ethylene vinyl acetate or polyvinyl chloride that is at least— (a) 222mm long; and (b) 172mm in diameter. medium plastic float means a float made of hard plastic that is at least 200mm, but less than 250mm, in diameter. small float means a float made of ethylene vinyl acetate or polyvinyl chloride that is at least— (a) 180mm, but less than 222mm, long; and

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 74

(b) 147mm, but less than 172mm, in diameter. small plastic float means a float made of hard plastic that is at least 150mm, but less than 200mm, in diameter. weight means weight expressed in grams or kilograms.

Accelerator funnel requirements (1) The accelerator funnel must be made of mesh of a mesh size of at least 38mm but no more than 50mm. (2) The accelerator funnel must be installed in the leading edge of the net in front of the recognised TED so that— (a) the leading edge of the accelerator funnel is attached at least 18 meshes in front of the closest point of the grid; and (b) the trailing edge of the accelerator funnel does not extend past the bars of the grid. (3) If the recognised TED has an escape hole in the top of the net, the bottom of the trailing edge of the accelerator funnel must be attached to the bottom of the recognised TED by no more than one-third of the circumference of the trailing edge. (4) If the recognised TED has an escape hole in the bottom of the net, the top of the trailing edge of the accelerator funnel must be attached to the top of the recognised TED by no more than one-third of the circumference of the trailing edge. (5) The circumference of the trailing edge of the accelerator funnel must be at least— (a) for an accelerator funnel with a mesh size of at least 38mm but less than 43mm—100 meshes; or (b) for an accelerator funnel with a mesh size of at least 43mm but less than 48mm—93 meshes; or (c) for an accelerator funnel with a mesh size of at least of 48mm but less than 50mm—83 meshes; or (d) for an accelerator funnel with a mesh size of at least 50mm—80 meshes.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 75

APPENDIX 2 Map showing Area of the M1 and M2 Trawl Fishery Symbol

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 76

APPENDIX 3 Map showing Area of the T1 Trawl Fishery Symbol

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 77

APPENDIX 4 Map showing Area of the T2 Trawl Fishery Symbol

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 78

APPENDIX 5 Principal and permitted species assessed as part of the National Status of Australian Fish Stocks (SAFS) and management methods for the Commercial East Coast Trawl Fishery.

Species SAFS Stock name 2018 SAFS status

Banana Prawn East coast Sustainable (Panaeus indicus and P. merguiensis) Eastern King Prawn (Melicertus plebejus) Eastern Australia Sustainable

Endeavour Prawn (Metapenaeus East Coast Otter Trawl Fishery Sustainable endeavouri, M. ensis) (Red and Blue Endeavour Prawn) Brown and Grooved Tiger Prawn East Coast Otter Trawl Fishery Sustainable (Penaeus esculentus and P. semisulcatus) (Brown and Grooved Tiger Prawn)

Western King Prawn (Melicertus latisulatus) East Coast Otter Trawl Fishery Sustainable

Red Spot King Prawn (Melicertus longistylus) Not assessed in 2018

School Prawn Queensland Sustainable (Metapenaeus macleayi)

Balmain Bug East coast Sustainable (Ibacus chacei, I. brucei and I. alticrenatus)

Moreton Bay Bugs East Coast Otter Trawl Fishery (Thenus australiensis and T. parindicus) Sustainable

Saucer Scallop East Coast Otter Trawl Fishery (Ylistrum balloti) Depleted

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 79

APPENDIX 6 Total entitlement report 01 January 2019—01 January 2020 Trawl Fishing Days By Month

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 80

APPENDIX 7 Summary of the overall risk ratings for each ecological component assessed as part of the southern Queensland and RIBTF ERA.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 81

APPENDIX 8 Principal (targeted) species retained for sale in the southern Queensland ECOTF and the RIBTF with overall risk rating at or above intermediate risk.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 82

APPENDIX 9 Permitted (non-targeted byproduct) species retained for sale in the southern Queensland ECOTF and the RIBTF with overall risk rating at or above intermediate risk.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 83

APPENDIX 10 Bycatch species caught in the southern Queensland ECOTF and the RIBTF with overall risk rating at or above intermediate risk.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 84

APPENDIX 11 Species of conservation concern with overall risk rating at or above intermediate risk in the southern Queensland ECOTF and the RIBTF.

East Coast Otter Trawl Fishery WTO Submission, Department of Agriculture and Fisheries, 2021 85