Assessment of the NSW Ocean Trawl Fishery

Fisheries NSW

Assessment of the NSW Ocean Trawl Fishery PREPARED FOR THE DEPARTMENT OF THE AGRICULTURE, WATER AND THE ENVIRONMENT FOR THE PURPOSE OF ASSESSMENT UNDER PART 13 AND 13(A) OF THE ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999

Assessment of the NSW Ocean Trawl Fishery

Published by the NSW Department of Primary Industries Assessment of the NSW Ocean Trawl Fishery - Prepared for the Department of Agriculture, Water and Environment for the purpose of assessment under Part 13 and 13(A) of the Environment Protection and Biodiversity Conservation Act 1999

First published April 2021 More information Fiona McKinnon, Fisheries NSW www.dpi.nsw.gov.au OUT21/3020

© State of New South Wales through Regional NSW 2021. The information contained in this publication is based on knowledge and understanding at the time of writing (April 2021). However, because of advances in knowledge, users are reminded of the need to ensure that the information upon which they rely is up to date and to check the currency of the information with the appropriate officer of the Department of Regional NSW or the user’s independent adviser.

1 | NSW Department of Primary Industries, April 2021 Assessment of the NSW Ocean Trawl Fishery

Contents

1 Introduction ...... 5 2 Description of the Fishery ...... 6 2.1 Species ...... 6 2.2 Fishing gear ...... 8 2.3 Fishing area ...... 8 2.4 Management arrangements ...... 8 2.4.1 Input controls ...... 8 2.4.1.1 Limited entry ...... 8 2.4.1.2 Controls on fishing boats ...... 8 2.4.1.3 Controls on fishing gear ...... 8 2.4.1.4 Temporal and spatial closures ...... 9 2.4.2 Output controls ...... 9 2.4.2.1 Total Allowable Catch ...... 9 2.4.2.2 Total Allowable Effort ...... 10 2.4.2.3 Size limits ...... 10 2.4.2.4 Commercial catch limits and restrictions ...... 10 2.5 Number of fishers ...... 11 2.6 Licensing arrangements ...... 12 2.7 Allocation between sectors ...... 12 2.7.1 Recreational fishing...... 12 2.7.2 Aboriginal cultural fishing ...... 12 2.7.3 Policy for Fisheries Resource Sharing in NSW ...... 13 2.8 Governing legislation ...... 13 3 Management ...... 13 3.1 Commercial Fisheries Business Adjustment Program ...... 13 3.1.1 Share class linkage arrangements ...... 14 3.2 Marine estate reforms...... 14 3.2.1 NSW Marine Estate Management Strategy ...... 15 3.3 Compliance ...... 15 3.3.1 Compliance rates ...... 16 3.5 Consultation processes ...... 17

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3.5.1 Ministerial Fisheries Advisory Committee ...... 17 3.5.2 Commercial Fishing NSW Advisory Council ...... 17 3.5.3 Working groups ...... 17 3.6 Cross jurisdictional management arrangements ...... 17 3.7 Threatened, endangered and protected species ...... 18 3.7.1 Frequency and nature of interactions ...... 19 3.7.2 Scientific observer program ...... 20 3.7.3 Management actions taken to reduce interactions and results of such actions ...... 20 3.7.4 Priorities Action Statement ...... 21 4 Research and Monitoring ...... 22 4.1 Research programs ...... 22 4.2 Relevant research ...... 22 4.3 Monitoring programs...... 23 4.3.1 Stock assessment and reporting ...... 23 4.3.2 Scientific observer program ...... 23 4.3.3 Collection of catch and effort data...... 24 5 Catch Data ...... 24 5.1 Total catch and value of the OT Fishery ...... 24 5.2 Total catch and fishing effort data of primary and key secondary species ...... 24 5.3 Harvest by each sector ...... 25 5.3.1 Recreational fishing...... 25 5.3.2 Aboriginal cultural fishing ...... 25 5.3.3 Illegal catch ...... 25 6 Harvest Strategies ...... 25 7 Status of Target Stock ...... 25 7.1 Species assessed as ‘depleted’ ...... 27 7.1.1 Grey (Rubberlip) Morwong ...... 27 7.1.2 Silver Trevally ...... 27 7.1.3 Redfish ...... 27 7.1.4 Gemfish ...... 28 7.1.5 Mulloway ...... 28 8 Impacts of the Fishery on the Ecosystem ...... 28

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8.1 Results of any ecological risk assessments ...... 28 8.2 Nature of the impacts on the ecosystem including impacts on any key conservation values ...... 29 8.2.1 Management actions taken to reduce the impacts ...... 29 9 Report against OT Fishery Conditions of WTO Declaration...... 30 References ...... 31

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1 Introduction This submission has been prepared by NSW Department of Primary Industries (NSW DPI) on behalf of shareholders in the NSW Ocean Trawl Fishery (the OT Fishery) in order to assist industry to obtain export approval by leveraging off the comprehensive legislative and policy framework for fisheries management in NSW. The following provides a report of the OT Fishery for assessment under Part 13 and 13 (A) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Information provided follows the recommended content for reports detailed in Appendix B of the Guidelines for the Ecologically Sustainable Development of Fisheries – 2nd Edition and consistent with these Guidelines this submission references sections of related documents including the Environmental Impact Statement on the OT Fishery (EIS), the Fishery Management Strategy for the OT Fishery (FMS) and the Status of Fisheries Resources in NSW and Status of Australian Fish Stocks reports. Table 1 Summary of the OT Fishery as at March 2021

Ocean waters from NSW coastal baseline seaward to the 4,000 metre isobath, subject to Area closures to certain methods at some or all times.

• Otter trawl net (fish) Gear • Otter trawl net (prawn) • Danish seine trawl net (fish)

• Total Allowable Commercial Catch (Eastern School/Stout whiting, Bluespotted flathead, Tiger flathead, Silver Trevally, Gemfish) • Limited entry Management • Controls on fishing boats and gear Controls • Spatial and temporal closures • Size limits • Catch limits

• Eastern king prawn • Silver trevally • School prawn • Tiger flathead • Royal red prawn • Sand/ Bluespotted flathead Primary Species • Balmain bug • Eastern school whiting • Octopus spp. • Stout whiting • Cuttlefish • Fiddler shark • Southern calamari

Catch 2019/20 - 2,984 tonnes

Value 2019/20 - $29.4 million

Sustainable 9 Depleting 1 Stock Status Recovering 0 (Primary species) Depleted 0 Undefined 3

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2 Description of the Fishery For the purposes of this submission, the OT Fishery comprises the Ocean Trawl Share Management Fishery as described in Schedule 1 of the Fisheries Management Act 1994 (the Act) and Part 3 of the Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006 (the SMP). The OT Fishery also includes the Southern Fish Trawl Restricted Fishery (SFT Fishery) as described in Division 2 of Part 9 (cl.144 – 153) of the Fisheries Management (General) Regulation 2019 (the FM (G) Regulation). As described in Schedule 1 of the Act, the OT Share Management Fishery consists of: a) the use of an otter trawl net (prawns) to take fish from any of the following waters: (i) inshore waters (ii) offshore waters (iii) the waters of Coffs Harbour, b) the use of an otter trawl net (fish) to take fish from ocean waters that are north of a line drawn due east from Barrenjoey Headland (other than any waters in which use of an otter trawl net (fish) is prohibited under the regulations), and c) the use of a danish seine trawl net (fish) to take fish from ocean waters that are north of a line drawn due east from Barrenjoey Headland. As described in Division 2 of Part 9 of the FM(G) Regulation, the Southern Fish Trawl Restricted Fishery is comprised of the use of an otter trawl net (fish) or a danish seine trawl net (fish) to take fish (other than prawns) from ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east of Barrenjoey Headland.

2.1 Species A number of fish and invertebrate species are taken in the OT Fishery. The SMP details the primary and key secondary species (Table 2 and 3) in the OT Fishery, which are those species that the fishery captures in large quantities or are of high value, on a consistent basis.

Table 2 Primary species taken in the OT Fishery

Common name Scientific name

Eastern king prawn Melicertus plebejus

School prawn Metapenaeus macleayi

Royal red prawn Haliporoides sibogae

Balmain bug Ibacus sp.

Octopus spp. various (Family: OCTOPODIDAE)

Cuttlefish Sepia spp.

Southern calamari Sepioteuthis australis

Eastern school whiting Sillago flindersi

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Common name Scientific name

Stout whiting Sillago robusta

Tiger flathead Neoplatycephalus richardsoni

Sand/Bluespotted flathead Platycephalus caeruleopunctatus

Silver trevally Pseudocaranx dentex

Fiddler shark Aptychotrema rostrata

Table 3 Key Secondary species taken in the OT Fishery

Common name Scientific name

Blue swimmer crab Portunus armatus

Squid spp. various (Class: CEPHALOPODA)

Gurnard/Latchet Pterygotrigla andertoni Pterygotrigla polyomata Chelidonichthys kumu

John dory Zeus faber

Angel shark Squatina sp.

Flounder spp. various (Family: PLEURONECTIDAE/BOTHIDAE)

Red mullet various (Family: MULLIDAE)

Redfish Centroberyx affinis

Leatherjacket spp. various (Family: MONACANTHIDAE)

Ocean perch Helicolenus barathri Helicolenus percoides

Mirror dory Zenopsis nebulosus

Sole spp. various (Family: SOLEIDAE)

Rubberlip (Grey) morwong Nemadactylus douglasii

Pink tilefish Branchiostegus wardi

Boarfish Paristiopterus labiosus

Shark spp. Various

Part 2 of the FM (G) Regulation) lists fish that are protected from fishing by all sectors and from commercial fishing only.

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2.2 Fishing gear Part 4A of the SMP (Fishing Gear) prescribes current limits and/or restrictions on fishing gear used in the OT Fishery. For a full description of fishing methods and gear types in the OT Fishery refer to: • Chapter B1.1.4 a (Gear used in the fishery) (pp 58 – 59) of the EIS, and • Section 3 a) iv) (Fishing gear used in the fishery) (pg. 20) and 3 a) v) (Boats used in the fishery) (pg. 21) of the FMS.

2.3 Fishing area The overall area of the OT Fishery includes all waters north of Barrenjoey Headland (Sydney) from the coastal baseline seaward to the 4000-metre depth contour (including Coffs Harbour) and all waters south of Barrenjoey Headland (Sydney) from the coastal baseline to 3 nautical miles. The OT Fishery is also subject to many spatial and temporal closures within these waters Refer to the EIS, Chapter B 1.2 a) (Extent of the fishery, pg. 52) and Chapter B 1.3 (Existing Operational Areas) (pg. 57) as well as Chapter 3 a) ii) (Extent of the Fishery) of the FMS.

2.4 Management arrangements The OT Fishery is managed under the Act and the regulations made under this Act (refer to 2.8 Governing legislation). The NSW DPI is the State Government agency responsible for the administration of the Act. The OT Fishery is managed by a combination of input and output controls.

2.4.1 Input controls

2.4.1.1 Limited entry

The OT Fishery (excluding the SFT Fishery) is a share management fishery and access is limited to shareholders, or their nominated fishers, who hold sufficient shares to satisfy the minimum shareholding levels established in the SMP. The SFT Fishery is a restricted fishery and access is limited to business owners, or their nominated fishers, who hold an existing endorsement in the fishery.

2.4.1.2 Controls on fishing boats

Boat capacity restrictions are enacted through a combination of boat specific restrictions set out on fishing boat licences, the SMP, and, for the SFT Fishery, the FM (G) Regulation. Boats less than 20m in length have not been required to be licensed since 1 May 2019, however maximum boat limits remain in the SMP and existing licence conditions for boats greater than 20m.

2.4.1.3 Controls on fishing gear

Part 4A (Fishing gear) of the SMP and Part 3 (Fishing gear) of the FM(G) Regulation prescribes current limits and/or restrictions on fishing gear used in the OT Fishery including the

8 | NSW Department of Primary Industries, April 2021 Assessment of the NSW Ocean Trawl Fishery mandatory requirement that all otter trawl net (prawns and fish) be fitted with a bycatch reduction device (BRD) that has been approved for use in the OT Fishery. Information on BRDs approved for use in the OT Fishery may be found on the NSW DPI website at www.dpi.nsw.gov.au/fishing/closures/ocean-trawl-bycatch-reduction-devices Some modifications to otter trawl net (prawns) and otter trawl net (fish) are permitted for use in the OT Fishery, including to trial gear modifications that may support reduced bycatch and improved efficiencies. Refer to www.dpi.nsw.gov.au/fishing/commercial/fisheries/ocean-trawl

2.4.1.4 Temporal and spatial closures

The SMP, the FM (G) Regulation and the Fisheries Management (Supporting Plan) Regulation 2006 outline a range of spatial and temporal closures relevant to the OT Fishery, including waters closed permanently to all commercial fishing or class of commercial fishing. A range of spatial and temporal closures apply to the OT Fishery serving various purposes including protection of juvenile stock, resource sharing between sectors, and to protect the biophysical environment. Given the significant spatial and temporal variability in bycatch an adaptive closure program is also used to respond to short term bycatch issues (e.g. off river entrances following flood events, and to protect juvenile mulloway and prawns). Fishing closures specific to the OT Fishery that are authorised under the Act can be found on the NSW DPI website at https://www.dpi.nsw.gov.au/fishing/closures/commercial The OT Fishery is also subject to a range of spatial closures arising from the comprehensive network of marine protected areas that include marine parks and aquatic reserves in which commercial fishing is restricted or not permitted.

2.4.2 Output controls

2.4.2.1 Total Allowable Catch

Total Allowable Catch (TAC) arrangements for the OT fishery (excluding SFT) commenced on 1 May 2019. TACs are determined for each fishing period between 1 May and 30 April in each year for quota managed species (Table 4). The statutory and independent Total Allowable Fishing Committee, established under the Act, determined the TACs for the OT fishery for the 2020/21 fishing period and is responsible for determining the TAC for 2021/22 TAC. For further information refer to https://www.dpi.nsw.gov.au/fishing/commercial/total-allowable- fishing Table 4 Total Allowable Catch

2019/20 TAC 2020/21 TAC Species (tonnes) (tonnes) Eastern school and Stout whiting 1189.1 898.1 (combined)

Bluespotted flathead 108.1 108.1

Tiger flathead 166.9 166.9

Silver trevally 26.8 26.8

Gemfish 0 (Daily and possession limit of 50kg applies)

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2.4.2.2 Total Allowable Effort

Total Allowable Effort (TAE) arrangements for the prawn trawl sector of the OT fishery commenced on 1 May 2019. TAE’s are determined for each fishing period between 1 May and 30 April in each year, with the current TAE set as a transitional arrangement to 2024 (Table 5). Quota usage is determined by the size (standardised hull units) of the vessel used each fishing day.

Table 5 Total Allowable Effort

Endorsement TAE (Standardised hull unit days)

Inshore and Offshore prawn 542,000

2.4.2.3 Size limits

Minimum legal lengths (or size limits) apply to a large range of species taken in the OT Fishery as set out in clause 11 of the FM (G) Regulation. The following prawn count limits apply for all waters (other than in the Hawkesbury, Hunter and Clarence Rivers): • for king prawns - a maximum prawn count of 125 per ½ kilogram (includes mixed species catches consisting of greater than 10% king prawns by number of individuals), and • for all other prawn species - a maximum prawn count of 180 per ½ kilogram.

2.4.2.4 Commercial catch limits and restrictions

Commercial catch limits are implemented via fishing closures and regulations under Act, those applicable to the OT Fishery include: • A commercial daily catch limit for any, or any combination of Endeavour Dogfish (Centrophorus moluccensis), and Greeneye Spurdog (Squalus cholorculus), and a 0 kilogram trip limit [prohibition] on the taking of Southern Dogfish (C. zeehaani) and Harrison’s Dogfish (C. harrissoni). • A commercial daily catch and possession limit for various species established under Schedule 3 of the SMP. • A range of commercial trip limits apply to commercially important species taken predominantly in Commonwealth managed fisheries, including Redfish, Morwong, Ocean Perch and Flathead. • A trip limit of 50 kilograms (kg) for Gemfish. Details of commercial catch limits applying to the OT Fishery can be found: • On the NSW DPI website at www.dpi.nsw.gov.au/fishing/closures/commercial/ocean- trawl-fishery-closures • In the OT SMP at https://www.legislation.nsw.gov.au/view/html/inforce/current/sl- 2006-0737#sch-inc-sch.3

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The FM (G) Regulation prescribes a range of fish that are protected for conservation reasons or protected from commercial fishing for resource sharing reasons that cannot be taken in the OTF Fishery.

2.5 Number of fishers Access to the OT Fishery is limited to: • Shareholders, or their nominated fishers, who hold sufficient shares to satisfy the minimum shareholding levels established for each share class in the SMP. Minimum shareholdings apply to all share classes in the OT Fishery and are used to determine if a shareholder (or their nominated fisher) is eligible for an endorsement authorising a particular commercial fishing activity in respect of that share class. • Business owners, or their nominated fishers, who hold an endorsement in the SFT fishery. There are six types of endorsement available in the OT Fishery corresponding to each share class, with a single endorsement type for SFT. Table 6 provides a description of the commercial fishing activity authorised by each endorsement in the OT Fishery and the number of endorsement holders for each share class.

Table 6 OT Fishery endorsements, the commercial fishing activities they authorise and the number of endorsement holders (as at March 2021)

Number of Shareholders Endorsement Type Commercial Fishing Activity (and endorsement holders)

Inshore prawn An inshore prawn endorsement authorises the holder to 120 (108) take fish using an otter trawl net (prawns) from inshore waters, and to use a try net (prawns) to facilitate the taking of fish using the otter trawl net (prawns).

Offshore prawn An offshore prawn endorsement authorises the holder to 112 (98) take fish using an otter trawl net (prawns) from offshore waters that are west of the 280 metre (150 fathom) depth contour, and to use a try net (prawns) to facilitate the taking of fish using the otter trawl net (prawns).

Deepwater prawn A deepwater prawn endorsement authorises the holder to 32 (15) take fish using an otter trawl net (prawns) from offshore waters that are east of the 280 metre (150 fathom) depth contour, and to use a try net (prawns) to facilitate the taking of fish using the otter trawl net (prawns).

Fish northern zone A fish northern zone endorsement authorises the holder 34 (28) to take fish using an otter trawl net (fish) or a danish seine trawl net (fish) from ocean waters that are north of a line drawn due east from Barrenjoey Headland (latitude 33°35′ south).

Southern Fish Trawl The southern fish trawl fishery comprises the use of an 23 (23) otter trawl net (fish) or a danish seine trawl net (fish) to take fish (other than prawns) from ocean waters that are not more than 3 nautical miles from the natural coast line and are south of a line drawn due east of Barrenjoey Headland.

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2.6 Licensing arrangements For relevant licensing arrangements refer to the NSW Commercial Fisheries Administration Guide, May 2019, on the NSW DPI website at https://www.dpi.nsw.gov.au/fishing/commercial/licensing-forms

2.7 Allocation between sectors Refer to the Status of Fisheries Resources in NSW and Status of Australian Fish Stocks reports for landings of OT Fishery primary and key secondary species by other NSW commercial fisheries and, where available, estimated recreational catch. Reports are available at https://www.dpi.nsw.gov.au/content/research/fishing-aquaculture/sustainable-fish-harvest- program A number of performance indicators included in the FMS, used as part of the FMS performance monitoring process, relate to resource sharing. The purpose of these performance indicators is to detect large shifts in catch of key species, over time, between a) the commercial and non-commercial sectors, b) among each commercial fishery in NSW, and c) among methods or endorsement types within a fishery. NSW DPI’s Fisheries, Aquaculture and Aquatic Conservation Key Highlights and Statistics 2014- 15 was the last publication that provided a consolidated report on FMS performance against performance indicators and trigger points. Further information is available at www.dpi.nsw.gov.au/fishing/fisheries-key-highlights-and-statistics

2.7.1 Recreational fishing

The level of interaction between the OT Fishery and recreational fishers off NSW could be described as relatively low. Ocean trawlers generally operate further offshore than most recreational fishers, however on some occasions when trawlers are targeting inshore species (e.g. school prawns, sand flathead, southern calamari or school whiting) there is potential for interaction between the sectors. NSW DPI has completed the Survey of Recreational Fishing in New South Wales and the ACT 2013/14 (West et al., 2015) which provides a range of information, including new estimates of recreational catches. Further information is available at https://www.dpi.nsw.gov.au/fishing/recreational/resources/research-surveys/recreational- fishing-survey

2.7.2 Aboriginal cultural fishing

Aboriginal cultural fishing is defined in the Act as “fishing activities and practices carried out by Aboriginal persons for the purpose of satisfying their personal, domestic or communal needs, or for educational or ceremonial purposes or other traditional purposes, and which do not have a commercial purpose”. Daily cultural fishing needs are currently provided for by the Aboriginal Cultural Fishing Interim Access Arrangement which allows for extended bag and possession limits, as well as other special arrangements, for cultural fishing activities. Special provisions also exist under the Act to accommodate access to fisheries resources beyond what the current cultural

12 | NSW Department of Primary Industries, April 2021 Assessment of the NSW Ocean Trawl Fishery fishing rules provide for through a permit system (for events such as for a large cultural gathering or ceremonies). Aboriginal cultural fishing activity and possession of fish and/or fishing gear must comply with the current fisheries legislation i.e. size limits of fish as prescribed in the FM (G) Regulation apply to Aboriginal cultural fishing activities. While the relationship between Aboriginal cultural fishing and the OT Fishery is probably not as direct as with the inland, estuarine or beach-based fisheries, there are possible linkages with many of the species caught by the OT Fishery which spend part of their life cycle in estuaries or nearshore waters. Further information can be found on the NSW DPI website at www.dpi.nsw.gov.au/fishing/aboriginal-fishing

2.7.3 Policy for Fisheries Resource Sharing in NSW

The Ministerial Fisheries Advisory Council (MFAC) has developed a policy - Fisheries Resource Sharing in NSW - to assist decision making on sharing the State's sustainably exploitable fisheries resources between the various commercial, recreational, charter and Aboriginal cultural fishing sectors in accordance with the objects of the Act. Further information can be found on the NSW DPI website at https://www.dpi.nsw.gov.au/fishing/consultation/supporting-documents/fisheries-resource- re-allocation-proposals

2.8 Governing legislation Relevant current legal instruments include: • Fisheries Management Act 1994 • Fisheries Management (General) Regulation 2019 • Fisheries Management (Supporting Plan) Regulation 2006 • Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006

3 Management

3.1 Commercial Fisheries Business Adjustment Program The OT Fishery has recently been through one of the most comprehensive reforms in its history, known as the Commercial Fisheries Business Adjustment Program (BAP). The object of the BAP was to provide greater certainty and ensure the long-term viability and sustainability of the NSW commercial fishing industry. As a result, new consultation and governance arrangements apply, the number of shareholders in the OT Fishery has been rationalised, and new share linkages (including implementing TAC and TAE’s for the OT Fishery as described in this report) have been fully implemented, with the process to streamline current management controls to improve fishing efficiency now underway through consultative process.

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3.1.1 Share class linkage arrangements

Implemented share linkage arrangements in the OT Fishery are characterised by increases in the minimum shareholding requirements, the introduction of catch and effort quotas and ancillary changes (Table 7). Table 7 Summary of the OT Fishery share class linkage arrangements

Share Class Share Linkage

Offshore prawn / Inshore a) All fishers must hold the minimum shareholding of 50 shares to be prawn endorsed to fish from December 2017 (increased from 40 shares). b) A catch quota for tiger flathead, blue spotted flathead, Eastern school and stout whiting combined) commenced from 1 May 2019. c) Effort quota (hull unit days) commenced from 1 May 2019. d) Upon commencement of effort quota: • the current maximum headline lengths were replaced with a standard headline length of 55 metres, and • boat licences were not required for boats less than 20 metres in length. e) Engine power restrictions were removed from December 2017.

Fish trawl (Northern zone) a) All fishers must hold the minimum shareholding of 50 shares to be endorsed to fish from December 2017 (increased from 40 shares). b) A catch quota for tiger flathead, blue spotted flathead, silver trevally, gemfish, Eastern school and stout whiting combined) commenced from 1 May 2019. c) Upon commencement of catch quota boat licences were not required for boats less than 20 metres in length.

Deepwater prawn All fishers must hold the minimum shareholding of 25 shares to be endorsed to fish from December 2017 (increased from 20 shares).

Southern fish trawl Not part of the BAP

3.2 Marine estate reforms The NSW marine estate includes the ocean, estuaries, coastal wetlands (saltmarsh, mangroves and seagrass), coastline including beaches, dunes and headlands, coastal lakes and lagoons connected to the ocean and islands including Lord Howe Island. It extends seaward out to three nautical miles and from the Queensland border to the Victorian border. In March 2013, in response to the Report of the Independent Scientific Audit of Marine Parks in NSW, the NSW Government announced a new approach to managing the marine estate, driven by two new advisory bodies established under the Marine Estate Management Act 2014 – the Marine Estate Management Authority (MEMA) to oversee management of the marine estate with expert advice from the independent Marine Estate Expert Knowledge Panel. The MEMA developed a Threat and Risk Assessment Framework to provide a robust and transparent process for identifying threats and risks to the marine estate. The framework outlines how to conduct assessments to account for threats and risks to environmental, economic and social benefits associated with the marine estate that contribute to community wellbeing.

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3.2.1 NSW Marine Estate Management Strategy

The NSW Marine Estate Management Strategy 2018-2028 outlines strategies to protect and enhance waterways, coastline and estuaries over the strategy period. Actions in the Strategy have been determined by: • the range of values people have for the marine estate – social, cultural, environmental and economic • how to tackle the most significant threats to these values (identified in the statewide Threat and Risk Assessment) • widespread stakeholder and community feedback. The Strategy delivers outcomes through the following initiatives: • Improving water quality and reducing litter • Delivering healthy coastal habitats with sustainable use and development • Planning for climate change • Protecting the Aboriginal cultural values of the marine estate • Reducing impacts on threatened and protected species • Ensuring sustainable fishing and aquaculture • Enabling safe and sustainable boating • Enhancing social, cultural and economic benefits • Delivering effective governance Further information is available at https://www.marine.nsw.gov.au/marine-estate- programs/marine-estate-management-strategy

3.3 Compliance The Fisheries Compliance Unit (FCU) is focused on optimising compliance with the Act, the Marine Estate Management Act 2014 and their associated regulations. The FCU uses project tasks and sub-programs, covering functional areas such as aquaculture and commercial fishing, to achieve risk-based regulation and compliance objectives through education and enforcement. The FCU is separated into seven geographic compliance zones, with a State-wide Operations and Investigations Group that undertakes major/complex investigations, and the Conservation and Aquaculture Group that provides specialist capabilities in aquatic habitat compliance management. The FCU also provides compliance services to five of the six marine parks in NSW. Prosecutions are an important tool in providing effective deterrence and are also managed by the FCU, utilising a detailed prosecution management and review process. The FCU has consistently demonstrated its ability to operate as an effective, safe and innovative regulator, dealing with a large and sectorial client base. The FCU operates across a geographically wide, challenging and inherently dangerous environment with many ‘moving’ targets. It has also shown its operational flexibility recently in performing non-traditional operational and technical roles, including significant contributions to shark mitigation strategies to help address broader NSW Government initiatives. The FCU contribute to a range of national and international fisheries compliance forums to help develop strategies to combat illegal, unregulated and unreported fishing.

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NSW DPI Fisheries Compliance Plans are regularly reviewed for progress against the objectives of the Australian Fisheries National Compliance Strategy (AFNCS). The AFNCS is used as a reference in developing local compliance strategies and plans to ensure a consistent approach to fisheries compliance throughout Australia complementing the National Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. In July 2016 the Department for Industry created a Resources Regulator to undertake compliance and enforcement for a broad range of activities in the resource sector, including commercial and recreational fishing. The Resources Regulator Advisory Committee has been established to oversee and advise on major enforcement actions, providing confirmation to the community that these matters are conducted under law and without fear or favour. The FCU have briefed the Committee on the regulatory approach of NSW DPI Fisheries Compliance and the opportunities for improvement. The FCU are early adopters of the Quality Regulatory Services Initiative (QRSI), and the design of Fisheries Annual District Compliance Plans has been reviewed and revised several times, to improve its effectiveness as an outcomes-focused fisheries compliance management tool. Recent efforts in developing an 'analytics' environment have also allowed the FCU to better identify changes in compliance activity and outcomes over time. Regular analysis of compliance data is undertaken to review the effectiveness of compliance initiatives. To support risk-based compliance, functionality has been embedded into business processes (i.e. inspections) to identify and address knowledge gaps in fishing rules, support for fisheries management arrangements and reasons for non-compliance. These insights have been converted to actions addressing damaging behaviours through education and targeted enforcement. A copy of the Fisheries Compliance Enforcement Policy and Procedure along with other compliance statistics can be found on the NSW DPI website at https://www.dpi.nsw.gov.au/fishing/compliance/fisheries-compliance-enforcement

3.3.1 Compliance rates

The annual rate of compliance in the OT Fishery is calculated using information from quality inspections reflected on program activity reports that are completed by NSW DPI fisheries officers when undertaking inspections of fishers, boats and fishing gear in the OT Fishery (Table 8). Table 8 Rates of compliance in the OT Fishery Year Compliance rate

2016/17 75.34%

2017/18 69.00%

2018/19 81.11%

2019/20 80.30%

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3.5 Consultation processes New consultation arrangements for NSW commercial fisheries have been introduced since November 2012 following the Independent Report into NSW Commercial Fisheries Policy, Management and Administration. Further information on consultation arrangements is available on the DPI website at https://www.dpi.nsw.gov.au/fishing/commercial/consultation

3.5.1 Ministerial Fisheries Advisory Committee

The MFAC is established to provide the Minister for Primary Industries with high-level strategic policy advice on issues relating to the management of fisheries resources in NSW. This includes broad advice to assist with the management of commercial fishing, recreational/charter fishing and Aboriginal cultural fishing as well as issues which impact across fisheries and sectors such as resource sharing, co-management, cost recovery and ecosystem based fisheries management.

3.5.2 Commercial Fishing NSW Advisory Council

The Commercial Fishing NSW Advisory Council (Commfish NSW) is established to provide greater industry representation and input to the Minister for Primary Industries on strategic and policy issues relating to the commercial fishing industry in NSW. The Council operates under a Charter which sets out the objectives and mode of operation of the Council and the roles and responsibilities of members.

3.5.3 Working groups

Task based working groups are formed on an as needs basis to provide expert advice on specific issues. Once the task assigned to the working group is complete the working group will be disbanded. Working group members are appointed by the Deputy Director General, DPI Fisheries based on skill and expertise relevant to the tasks assigned to the working group. The policy Fisheries non-statutory working groups: Establishment and Governance is designed to ensure that working groups are established and operated in a consistent, efficient and effective manner in line with best practice governance arrangements.

3.6 Cross jurisdictional management arrangements NSW DPI continues to work with the Commonwealth and Fisheries Queensland to develop complementary arrangements for shared resources. For example: • NSW DPI and the Australian Fisheries Management Authority are working co- operatively to address key Offshore Constitutional Settlement (OCS) issues including rationalising the management of commercial fisheries that harvest fish stocks shared with other jurisdictions, which are governed by existing OCS agreements. • The NSW Strategy to assist the rebuilding of Harrisson’s and southern dogfish populations includes management actions that complement the Commonwealth Upper-slope Dogfish Management Strategy.

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• NSW DPI provides data for assessments by Commonwealth Resource Assessment Groups for species which occur off NSW. • NSW DPI is a participant in the development of the National Plan of Action for Reducing the Incidental Catch of Seabirds in Australian Fisheries (NPOA- Seabirds). • NSW DPI is a participant in the Australian Fisheries Management Forum (AFMF).

3.7 Threatened, endangered and protected species Chapter B2.5 (Risk Analysis of Protected and Threatened Species and Communities) (pp.160- 171) of the EIS identified threatened, endangered and protected (TEP) species that may interact with the OT Fishery, and potential direct and indirect impacts. Table B2.33 of the EIS summarises the main areas of risk for TEP species in the OT Fishery (pg.165) TEP species which interact with the OT Fishery have been subject to a detailed risk assessment in the EIS. Of the 11 TEP species identified in the EIS, all were Moderate/Low or Low risk (Table 9). Table 9 Summary of risks to threatened species from trawling (EIS)

Appendix B2.8 of the EIS provides detailed information supporting the risk assessment for TEP species. Further assessment of the OT Fishery has been undertaken through the NSW Marine Estate Statewide Threat and Risk assessment. Further information is available at https://www.marine.nsw.gov.au/marine-estate-programs/threat-and-risk-assessment

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In May 2012 the Scalloped Hammerhead Shark (Sphyrna lewini) was listed as an endangered species and the Great Hammerhead Shark (Sphyrna mokarran) was listed as a vulnerable species under the Act. Offences apply for buying, selling, possessing or harming a Great Hammerhead or Scalloped Hammerhead Shark or for damaging their habitat without a specific permit, licence or other appropriate approval. Any incidentally caught Great Hammerhead or Scalloped Hammerhead Sharks must be immediately released with least possible harm, or if deceased, must be discarded. In June 2013 Harrisson’s Dogfish (Centrophorus harrissoni) and Southern Dogfish (C. zeehaani) were listed as Conservation dependent under the EPBC Act.

3.7.1 Frequency and nature of interactions

Mandatory reporting of TEP species interactions was implemented in the OT Fishery in 2005. Interactions as reported by endorsements holders in the OT Fishery for the period 2016/17 – 2019/20 are provided in Table 10. Table 10 TEP species interactions as reported by endorsement holders in the OT Fishery*

Total Year Method Species Type of interaction interactions reported in year

2016/17 No interactions reported

2017/18 No interactions reported

2018/19 Prawn trawl Grey Nurse Shark Caught, discarded healthy 1

Syngnathidae Caught, discarded healthy 6

Syngnathidae Caught, discarded distressed 11

Syngnathidae Caught, discarded dead 4

Fish Trawl Australian Fur Seal Caught, discarded healthy 1

Turtle Not specified, healthy 1

2019/20 Prawn Trawl Syngnathidae Caught, discarded distressed 6

White Shark Caught, discarded healthy 1

Fish Trawl Australian Fur Seal Caught, discarded dead 4

Turtle Caught, discarded healthy 1

*Data subject to ongoing validation

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3.7.2 Scientific observer program

A cross-fishery scientific observer program is in place to inform composition and levels of bycatch in NSW commercial fisheries. The program focuses on one fishery or fishing method at a time. The order in which commercial fisheries are examined is based on risk and applying multi-criteria decision analysis. The OT Fishery has been the subject of recent observer coverage for fish trawl - northern (2014–2016) and prawn trawl (2017–2019). Preliminary results from completed field work is provided below and a final report is currently being prepared. Preliminary observer results for the fish trawl (northern) component of the OT Fishery found low levels of interaction between vessels and fishing gears with species listed as threatened and/or protected observed during the study. A total of three Flesh-footed Shearwaters (Puffinus carneipes) were caught and discarded dead during observed fisher days. A single Grey Nurse Shark (Carcharias taurus) was caught during observed fishing days and, one White shark (Carcharodon carcharias) was observed swimming in the vicinity of a trawl vessel while the catch was being landed. The Grey Nurse Shark was released alive upon gear retrieval and, was observed to swim down and away from the vessel upon release. Preliminary observer results for the prawn trawl component of the OT Fishery also found low levels of interaction between vessels and fishing gears with species listed as threatened and/or protected observed during the study. These interactions comprised, Grey Nurse Shark (Carcharias taurus), Herbst Nurse Shark (Brachaeluridae undifferentiated) and several species of Syngnathidae. A total of one Grey Nurse Shark and one Herbst Nurse Shark were caught during observed fishing days, each recorded during separate fisher days within the central region. Both individuals were alive upon gear retrieval and, were observed to swim down and away from the vessel upon release. During the study, 133 Syngnathids were observed to be caught from 19 separate fisher days. Observed catches in the central region were greater than the northern region with totals of 103 and 30 individuals caught, respectively. Catches of Sygnathidae included 93 Bentstick Pipefish (Trachyrhamphus bicoarctatus), 11 Common Seadragons (Phyllopteryx taeniolatus) and 29 undifferentiated Seahorses and Pipefishes (Syngnathidae – undifferentiated). The fate of discarded Syngnathidae is unknown. Additional work is currently being completed to estimate the fishery-wide catch of Sygnatghidae.

3.7.3 Management actions taken to reduce interactions and results of such actions

NSW DPI implemented mandatory reporting of TEP species interactions for all commercial fisheries in 2005 and a cross-fishery scientific observer program. Direct management actions implemented in the OT Fishery to reduce interactions with TEP species include: • Implementation of a number of fishery closures specific to Grey nurse shark. • Prohibition of mid-water trawling. • Improving gear for reducing incidental catch.

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• Management arrangements to reduce interactions and mortality associated with the capture of Harrisson’s Dogfish, Endeavour Dogfish, Southern Dogfish and Greeneye Spurdog.

3.7.4 Priorities Action Statement

As part of a process for amending threatened species legislation in NSW, the Act was amended in 2004 to include a requirement for the Director-General of NSW DPI to prepare and adopt Priorities Action Statements (PAS) for threatened species, populations, ecological communities and key threatening processes listed on the schedules of the Act. The PAS: • Sets out the strategies and actions for promoting the recovery of each threatened species, population and ecological community to a position of viability in nature and for managing each key threatening process; • Establishes priorities for implementation of recovery and threat abatement strategies; • Establishes performance indicators to facilitate reporting on achievements in implementing recovery and threat abatement strategies and their effectiveness. • Contains a status report for each species, population, ecological community and key threatening process under the Act. • Sets out a timetable for recovery and threat abatement planning and achievement. A PAS has been developed for: Greynurse Shark - listed as a critically endangered species under the Act. The PAS actions for this species prioritise the actions contained within the National Recovery Plan for Greynurse Sharks. Scalloped Hammerhead Shark - listed as an endangered species under the Act. The PAS actions for this species include, among other things, development of educational and advisory material to improve species identification. NSW DPI has produced a Hammerhead Shark identification guide to assist fishers to accurately identify all three species of Hammerhead Sharks that occur in NSW waters. Great Hammerhead Shark - listed as a vulnerable species under the Act. The PAS actions for this species include, among other things, development of educational and advisory material to improve species identification. NSW DPI has produced a Hammerhead Shark identification guide to assist fishers to accurately identify all three species of Hammerhead Sharks that occur in NSW waters. Great White Shark - listed as a vulnerable species under the Act. The PAS actions for this species prioritise the actions contained within the National Recovery Plan for Great White Sharks. Further information can be found on the NSW DPI website at https://www.dpi.nsw.gov.au/fishing/species-protection/what-current

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4 Research and Monitoring

4.1 Research programs The NSW DPI Strategic Plan 2019-2023 establishes strategic objectives for DPI’s role in creating stronger primary industries in NSW. NSW DPI undertakes and facilitates research on aquatic animals and plants, and their habitats and ecosystems to ensure management receive the best scientific advice to make informed decisions. Further information on research programs and outputs can be found on the DPI website at https://www.dpi.nsw.gov.au/content/research/fishing-aquaculture

4.2 Relevant research Scientific outputs and NSW DPI published research findings relevant to the OT Fishery can be found on the NSW DPI website at https://www.dpi.nsw.gov.au/content/research/fishing- aquaculture#Research-findings NSW DPI also provides scientific assessments to support determinations of Total Allowable Catch in the OT Fishery. Further information is available in determination reports available at https://www.dpi.nsw.gov.au/fishing/commercial/total-allowable-fishing Examples of scientific outputs and NSW DPI published research findings relevant to the OT Fishery include: • West, L.D., Stark, K.E., Murphy,J.J., Lyle, J.M. and Ochwada-Doyle, F.A. 2015. Survey of Recreational Fishing in New South Wales and the ACT 2013/14. Fisheries Final report Series No. 146 Department of Primary Industries, pp 170 • Technical workshop to explore mitigation options for TEPS in the Small Pelagic Fishery – (FRDC 2015) • Hall, K., 2015. Determining the current status of eastern Australian cephalopod stocks. Mollusc 2015 conference, 29 November to 2 December 2015, Coffs Harbour (Presentation only). • Broadhurst, M., McHugh, M., Sterling, D., 2015. An angle to address benthic-trawl impacts. Australian Marine Science Assoc Student Conference, oral presentation. • Balash, C., Sterling, D., Broadhurst, M., Dubois, A. and Behrel, M., 2015. Hydrodynamic evaluation of a simple sail used in an innovative prawn-trawl otter board. Proceedings of the 34th international conference on ocean, offshore and Arctic engineering (May 31 to June 5, 2015), St John's, Newfoundland, Canada. • McHugh, M.J., Broadhurst, M.K., Sterling, D.J., Millar, R.B., Skilleter, G., Kennelly, S.J., 2015. Relative benthic disturbances of conventional and novel otter boards. ICES Journal of Marine Science, 72: 2450-2456. • McHugh, M.J., Broadhurst, M.K., Sterling, D.J. and Millar, R.B., 2015. A 'simple anterior fish excluder' (SAFE) for mitigating penaeid-trawl bycatch. PLOS One. 10(4): e0123124. DOI:10.1371/journal.pone.0123124. • McHugh, M. J., Broadhurst, M. K., Sterling, D. J., and Millar, R. B. 2014a. Comparing and modifying penaeid beam- and otter-trawls to improve ecological efficiencies. Fish. Man. Ecol. 21: 299-311. DOI: 10.1111/fme.12079

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• Kennelly, S.J. and Broadhurst, M.K., 2014. Mitigating the bycatch of giant cuttlefish Sepia apama and blue swimmer crabs Portunus armatus in an Australian penaeid- trawl fishery. Endang Species Res, 26: 161-166. DOI: 10.3354/esr00639 • Gray C., Barnes L., van der Meulen D. E., Kendall B., Ochwada-Doyle F. A. & Robbins W. D., 2014. Depth interactions and reproductive ecology of sympatric Sillaginidae: Sillago robusta and S. flindersii. Aquatic Biology, 21: 127-142 (DOI: 10.3354/ab00578). • Broadhurst, M.K., Sterling, D.J., Millar, R.B., 2015. Traditional vs novel ground gears: maximising the environmental performance of penaeid trawls. Fisheries Research, 167: 199-206. • Broadhurst, M.K., Sterling, D.J. and Millar, R. B., 2014. Configuring the mesh size, side taper and wing depth of penaeid trawls to reduce environmental impacts. PLOS ONE, 9(6): e99434.

4.3 Monitoring programs The NSW DPI fishery monitoring program includes stock assessment work on key commercial species; use of scientific observers to record information on catches of target species and bycatch; collection of catch and effort data; and port monitoring of landed fish products (e.g. collecting data on fish length and age).

4.3.1 Stock assessment and reporting

NSW DPI assesses and reports on the stock status of 86 harvested marine fish species in NSW, annually for species managed through TACs and biennially through the national Status of Australian Fish Stocks (SAFS) initiative. For other harvested marine fish species in NSW, the most recent stock assessment information is available as part of the Status of Fisheries Resources in NSW series (most recently published in 2017) that incorporates a standardised method of reporting including an annual review and interpretation of available data by fisheries scientists. Catch from all sectors (including estimates from recreational and, where available, illegal sectors) are taken into consideration when determining the status of a species. Refer to the Status of Fisheries Resources in NSW series, NSW 2021 Stock Assessment Reports and SAFS Reports for further information at: https://www.dpi.nsw.gov.au/content/research/fishing-aquaculture/sustainable-fish-harvest- program https://www.dpi.nsw.gov.au/fishing/commercial/open-for-comment/stock-status-summary- reports https://www.fish.gov.au/

4.3.2 Scientific observer program

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The OT Fishery has been the subject of recent observer coverage for fish trawl - northern (2014–2016) and prawn trawl (2017–2019) and a final report is currently being prepared.

4.3.3 Collection of catch and effort data

Further information about FisherMobile and other reporting arrangements can be found on the NSW DPI website at: https://www.dpi.nsw.gov.au/fishing/commercial/fishonline/fishermobile https://www.dpi.nsw.gov.au/fishing/commercial/catch-effort

5 Catch Data Refer to the Status of Fisheries Resources in NSW series, NSW 2021 Stock Assessment Reports and SAFS Reports available at: https://www.dpi.nsw.gov.au/content/research/fishing-aquaculture/sustainable-fish-harvest- program https://www.dpi.nsw.gov.au/fishing/commercial/open-for-comment/stock-status-summary- reports https://www.fish.gov.au/

5.1 Total catch and value of the OT Fishery

Table 11 Reported landings (tonnes) in the OT Fishery*

Year 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20

t 3,373 3,612 3,127 2,964 2,626 2,668 2,674 3,222 3,092 3,101 2,984

Table 12 Estimated value ($m) of reported landings in the OT Fishery#

Year 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20

$m 22.4 22.4 20.5 22.0 22.2 22.8 21.0 29.2 28.7 29.9 29.4

* Reported gross landings as at October 2020. Data subject to ongoing validation. # Based on SFM monthly prices

5.2 Total catch and fishing effort data of primary and key secondary species Refer to the Status of Fisheries Resources in NSW series, NSW 2021 Stock Assessment Reports and SAFS Reports for landings of primary and key secondary species taken in the OT Fishery and by other NSW commercial fisheries.

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5.3 Harvest by each sector

5.3.1 Recreational fishing

Refer to the Status of Fisheries Resources in NSW series, NSW 2021 Stock Assessment Reports, SAFS Reports and Survey of Recreational Fishing in New South Wales and the ACT 2013/14 (West et al., 2015) for recent estimates of the recreational harvest of OT Fishery primary and key secondary species.

5.3.2 Aboriginal cultural fishing

No estimates available.

5.3.3 Illegal catch

No estimates available 6 Harvest Strategies The Draft NSW Fisheries Harvest Strategy Policy and Draft Guidelines for Implementing the NSW Fisheries Harvest Strategy Policy were launched by the Minister in November 2020 for public consultation (closed 22 January 2021). DPI will work with relevant advisory councils to review submissions and finalise the Policy and Guidelines. Harvest strategies will be developed through a stages process. A Trawl Whiting Harvest Strategy Working Group (HSWG) has been established to develop a harvest strategy for Trawl Whiting taken in all sectors. The Trawl Whiting HSWG met three times in late 2020, and again in 2021. Further information is available at https://www.dpi.nsw.gov.au/fishing/harvest-strategies

7 Status of Target Stock The stock status for each primary and key secondary species in the OT Fishery is shown in Tables 13-14 below. Refer to the Status of Fisheries Resources in NSW series, NSW 2021 Stock Assessment Reports and SAFS Reports for further information at: https://www.dpi.nsw.gov.au/content/research/fishing-aquaculture/sustainable-fish-harvest- program https://www.dpi.nsw.gov.au/fishing/commercial/open-for-comment/stock-status-summary- reports https://www.fish.gov.au/ Table 13 Stock status of primary species in the OT Fishery

Common name Scientific name Stock Status

Eastern king prawn Melicertus plebejus Sustainable (SAFS)

School prawn Metapenaeus macleayi Sustainable (SAFS)

Royal red prawn Haliporoides sibogae Sustainable (SAFS)

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Common name Scientific name Stock Status

Balmain bug Ibacus spp. Sustainable (SAFS)

Hammer Sustainable (SAFS) Octopus spp. various (Family: OCTOPODIDAE) Various Undefined (NSW)*

Cuttlefish Sepia spp. Undefined (NSW)*

Southern calamari Sepioteuthis australis Sustainable (SAFS)

Eastern school whiting Sillago flindersi Sustainable (NSW)**

Stout whiting Sillago robusta Sustainable (NSW)**

Tiger flathead Neoplatycephalus richardsoni Sustainable (NSW)**

Bluespotted flathead Platycephalus caeruleopunctatus Sustainable (NSW)**

Silver trevally Pseudocaranx dentex Depleted (NSW)**

Fiddler shark Aptychotrema rostrata Undefined (NSW)*

*Status of Fisheries Resources in NSW 2014/15 **NSW 2021 Stock Assessment

Table 14 Stock status of key secondary species in the OT Fishery

Common name Scientific name Exploitation Status

Blue swimmer crab Portunus armatus Sustainable (SAFS)

Goulds Sustainable (SAFS) Squid spp. various (Class: CEPHALOPODA) Various Undefined (NSW)*

Pterygotrigla andertoni Gurnard/Latchet Pterygotrigla polyomata Undefined (NSW)* Chelidonichthys kumu

John dory Zeus faber Sustainable (SAFS)

Angel shark Squatina spp. Fully Fished (NSW)*

various (Family: Flounder spp. Undefined (NSW)* PLEURONECTIDAE/BOTHIDAE)

Goldspot Undefined (NSW)* Mullet various (Family: MULLIDAE) Sand Uncertain (NSW)* Sea Sustainable (SAFS)

Redfish Centroberyx affinis Depleted (SAFS)

Leatherjacket spp. various (Family: MONACANTHIDAE) Ocean Jacket Sustainable (SAFS)

Helicolenus barathri Bigeye Sustainable (NSW)** Ocean perch Helicolenus percoides Reef Sustainable (SAFS)

Mirror dory Zenopsis nebulosus Sustainable (SAFS)

Sole spp. various (Family: SOLEIDAE) Undefined (NSW)*

Blacktip Sustainable (SAFS) Shark spp. - Whaler Carcharhinus spp. Dusky Sustainable (SAFS) sharks Sandbar Sustainable (SAFS)

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Common name Scientific name Exploitation Status

Grey morwong Nemadactylus douglasii Depleted (SAFS)

Pink tilefish Branchiostegus wardi Undefined (NSW)*

Boarfish Paristiopterus labiosus Undefined (NSW)*

*Status of Fisheries Resources in NSW 2014/15 **NSW 2021 Stock Assessment

7.1 Species assessed as ‘depleted’

7.1.1 Grey (Rubberlip) Morwong

Grey Morwong has been assessed as Depleted in NSW under the SAFS framework. A formal recovery program has yet to be developed. Deferment of a recovery program has not prevented the implementation of management actions to reduce fishing mortality including a minimum size limit of 30 cm in both the commercial and recreational fishing sectors, a bag limit of 10 in the recreational fishing sector, and gear restrictions, bycatch reduction measures and fishing closures in the commercial fishing sector.

7.1.2 Silver Trevally

Silver Trevally has been assessed as Depleted in NSW under the SAFS framework. A formal recovery program has yet to be developed. Deferment of a recovery program has not prevented the implementation of recovery actions to reduce fishing mortality, including a minimum size limit of 30 cm in both the commercial and recreational fishing sectors, a bag limit of 10 in the recreational fishing sector, gear restrictions and bycatch reduction measures, and closure of significant trawl areas in State waters [in particular the entire area (approx. 85,000 hectares) of the Batemans Marine Park where silver trevally were previously targeted]. Silver Trevally became a quota managed species in the Ocean Trawl fishery from May 2019 under the BAP. The commercial harvest of Silver trevally in the OT Fishery (excluding SFT fishery) is subject to a total allowable catch (TAC) set annually. The statutory and independent Total Allowable Fishing Committee, established under the Act, determined the TAC for Silver trevally for 2020/21 and is responsible for determining the 2021/22 TAC. For further information refer to https://www.dpi.nsw.gov.au/fishing/commercial/total-allowable-fishing

7.1.3 Redfish

Redfish has been assessed as Depleted in NSW under the SAFS framework. Redfish are predominantly harvested in the Commonwealth Southern and Eastern Scalefish and Shark Fishery and are managed under the Redfish Stock Rebuilding Strategy 2016. The NSW catch of Redfish represents less than 20 per cent of the total fishing mortality. NSW DPI has not developed a formal recovery program, this has not prevented the implementation of management actions to reduce fishing mortality including a minimum size limit and catch

27 | NSW Department of Primary Industries, April 2021 Assessment of the NSW Ocean Trawl Fishery limits in both the commercial and recreational fishing sectors, and gear restrictions, bycatch reduction measures and fishing closures in the commercial fishing sector. Trip limits are established in the OT Fishery under fishing closure (refer https://www.dpi.nsw.gov.au/__data/assets/pdf_file/0008/639737/Fisheries-Management- Commercial-Trip-Limits-Fishing-Closure-Notification-2019.pdf).

7.1.4 Gemfish

Gemfish has been assessed as Depleted in NSW under the SAFS framework and is listed as Conservation dependant under the EPBC Act. Restrictive management measures are currently in place in NSW to stop the decline and support the rebuilding of Gemfish stocks, including a 50 kilogram whole weight trip limit applying to the Ocean Trawl share management fishery, a recreational daily limit of 2 Gemfish and a recreational boat trip limit of 10 whole fish, and a prohibition on take in the SFT fishery. Gemfish became a quota managed species in the Ocean Trawl and Ocean Trap and Line fisheries from May 2019 under the BAP. To support integrity of quota arrangements, take of Gemfish was prohibited in all SMF except these fisheries. The TAC for the Ocean Trawl fishery is currently zero, with harvest governed through the trip limit.

7.1.5 Mulloway

Mulloway has been assessed as Depleted in NSW under the SAFS framework and a recovery program covering all stakeholder groups and management arrangements was implemented in 2013 to rebuild the population to a sustainable level in NSW. The arrangements under the recovery plan included: • A reduction to the recreational bag limit from 5 (with only 2 over 70cm) to 2; • An increase to the minimum legal length from 45cm to 70cm; • A by-catch allowance of 10 fish between 45 and 70cm for mulloway incidentally caught in estuarine meshing nets; and • A 500 kilogram possession limit per ocean hauling endorsement holder. A review of recovery arrangements resulted in the following changes in 2018: • Reducing the recreational bag limit to 1; • Removing the by-catch allowance for commercial fishers. Draft guidelines for minimising bycatch of juvenile mulloway in the OT Fishery have been developed and include trigger levels for initiating and lifting short term closures to trawling. Following significant flood events, short term trawl closures are also implemented to protect juvenile fish and prawns displaced from estuarine areas.

8 Impacts of the Fishery on the Ecosystem

8.1 Results of any ecological risk assessments Refer to the NSW Marine Estate Threat and Risk Assessment (TARA) Final Report on the NSW Marine Estate website at https://www.marine.nsw.gov.au/marine-estate-programs/threat- and-risk-assessment

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Also refer to the EIS - Chapter A (Risk, Response and Predicted Outcome) (pp. 27 – 35), Table B2.42 (List of ecological processes relevant to the marine environment and the potential impacts on them from commercial trawling) (pg. 182) and Table B2.43 (Summary of risk levels for ecological processes from the activities of the OT Fishery) (pg.187).

8.2 Nature of the impacts on the ecosystem including impacts on any key conservation values Chapter E1.1.5 (Species Assemblages, Species Diversity and Ecological processes) (pp. 353 – 356) and Chapter B2.2.2 (Risk Analysis of the Current Operation of the Ocean Trawl Fishery- Broad Ecosystem) (pp.109-112) of the EIS identified the potential impacts of the OT Fishery on marine habitats; protected species; threatened species, populations or ecological communities; by catch; target species; ecological processes; biodiversity; and species assemblages.

8.2.1 Management actions taken to reduce the impacts The FMS provides for management of the OT Fishery in a manner that promotes the conservation of biological diversity in the marine environment. A number of management actions have been implemented to achieve this goal and address the impact of the OT Fishery on species assemblages, species diversity, ecological processes and marine habitats. These include, but are not limited to: • collection of information on TEP species interactions by requiring endorsement holders to record interactions or sightings on the mandatory monthly catch and effort returns, • ensuring that the provisions of any threatened species recovery plans or threat abatement plans are adopted, and any necessary changes to the operation of the OT Fishery are made, • implementation of a number of fishery closures specific to Grey nurse Shark, • prohibition of mid-water trawling, • implementation of closures to protect a range of ocean habitats, • improving gear for reducing incidental catch, • introducing trawling restrictions in identified areas and/or times of problem incidental catch to target catch ratios, • gear restrictions (e.g. bobbin ground gear is prohibited, north of 32° 30' S), • permanent and temporal trawl closures, and • mandatory use of bycatch reduction devices.

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9 Report against OT Fishery Conditions of WTO Declaration

Condition Progress

1. Operation of the NSW Ocean Trawl Fishery will be carried out in accordance with the Operation of the OTF Fishery has been carried out in accordance management regime in force under the Fisheries Management Act 1994 (NSW). with the Act and regulations made under this Act.

2. NSW Department of Primary Industries to inform the Department of the Environment and Department advised accordingly. Energy of any intended material changes to the NSW Ocean Trawl Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

3. NSW Department of Primary Industries to produce and present reports to the Department This submission seeks to satisfy this condition. of the Environment and Energy annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

4. NSW DPI to continue to develop and implement recovery programs for species taken in Refer to section 7.1 Species assessed as ‘overfished’ in this the NSW Ocean Trawl Fishery classified as recruitment overfished, overfished, and where submission. appropriate, growth overfished.

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References NSW Department of Primary Industries, 2017. Status of fisheries resource in NSW 2014-2015 Summary. NSW Department of Primary Industries. Mosman Scandol, J.P. 2004. A Framework for the Assessment of Harvested Fish Resources in NSW. NSW Department of Primary Industries – Fisheries Resource Assessment Series No. 15, ISSN 1449- 9940. Scandol, J. 2005. A prioritisation model for the NSW observer program. Cronulla NSW DPI. Stewart, J., A. Hegarty, C. Young, A. M. Fowler and J. Craig, (eds) 2015. Status of Fisheries Resources in NSW 2013- 14. NSW Department of Primary Industries, Mosman: 391pp. West, L.D. Stark, K.E. Murphy,J.J. Lyle, J.M. Ochwada-Doyle, F.A. 2015. Survey of Recreational Fishing in New South Wales and the ACT 2013/14. Fisheries Final report Series No. 146 Department of Primary Industries, pp 170.

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