[Tuesday, 18 November 1986J 431331 FISHERIES AMENDMENT BILL ?Ggilatiin Assembilg Second Reading Tuesday, 18 November 1986 MR GRILL (Esperance-Dundas- Minister for Fisheries) [2.26 p.m.]: I move- THE SPEAKER (Mr Barnett) took the Chair That the Bill be now read a second time. at 2.15 p.m., and read prayers. This Bill is to amend the Fisheries Act to- BILLS (8): INTRODUJCTION AND FIRST change the provision relating to the READING attaching of labels to containers in which fishermen hold rock lobsters prior to deliv- I . Coal Mine Workers (Pensions) Amend- ery or consignment for sale; ment Bill. provide specific penalties for "1overpotting" Bill introduced, on motion without no- offences in the rock lobster tice by Mr Parker (Minister for Min- fishery; erals and Energy), and read a first enable the making of by-laws in respect of time. reserves vested in the Minister for Fisheries. 2. Business Franchise (Tobacco) Amend- ment Bill. Increased interest was shown in the export of live rock lobsters during the 1985-86 season Bill introduced, on motion without no- and it is proposed that additional holding tanks tice by Mr Brian Burke (Treasurer), be constructed in time for the 1986-87 season and read a first time. by processors wishing to expand their existing live export capacity and by other processors 3. Western Australian Institute of Tech- who are proposing to enter the l ive export trade nology Amendment Bill. for the f irst time. Bill introduced, on motion without no- Additionally, it is expected that increased use tice by Mr Pearce (Minister for Edu- will be made of seawater tanks by both cation), and read a first time. fishermen and processors to facilitate short- term holding requirements before the rock lob- 4. Workers' Compensation and Assistance sters are transported to a licensed processing Amendment Bill (No. 2). establishment for either packaging for live ex- port or other forms of processing. 5. Waterfront Workers (Compensation for Asbestos Related Diseases) Bill. One commerical fisherman has constructed a private holding facility at Little Freshwater 6. Acts Amendment (Workers' Compen- anchorage. This enables him to accumulate sat ion and Assistance) Bill. rock lobsters before transporting them to Perth for sale, where he has been able to achieve up Bills introduced, on motions without to $8 per kilo above the usual Little Freshwater notice by Mr Peter Dowding anchorage beach price. No doubt other fisher- (Minister for Industrial Relations), men will be watching this development with and read a first time. considerable interest. 7. Health Amendment Bill. Historically, fishermen have had the oppor- tunity to hold rock lobsters in containers in Bill introduced, on motion without no- seawater. All currently do so on a day-to-day tice by Mir Taylor (Minister for basis at the Houtman Abroihos, and in past Health), and read a first time. years it was also common practice at coastal anchorages when daily transport was not avail- 8. Government Employees (Long Service able. Past practice has been to hold rock lob- Leave) Bill. sters in floating crates moored in anchorages with the rock lobsters being taken from the Bill introduced, on motion without no- crates and bagged prior to transport. Many tice by Mr Peter Dowding (Minister boats have facilities to hold rock lobsters on for Industrial Relations), and read a board for extended periods in circulating first time. seawater holding tanks. 4314 4314[ASSEMBLY) There is no doubt that proliferation of hold- To overcome the problem, section 24B is to ing facilities along the coast will raise serious be amended to require that the fisherman re- inspection problems. It is unlikely that the sponsible for the rock lobsters, intended for Fisheries Department could successfully op- transport or being consigned for the purpose of pose their use without strong industry support, sale, must attach or cause to be attached the particularly if the use of such facilities can sig- prescribed label to the containers before the nificantly add to the value of the product. rock lobster are unloaded from the boat. The requirements of the Fisheries Act are I refer now to the proposal in relatlion to complied with provided that- overpotting. By way of explanation, the total weight of any receptacle does "~overpotting" is the term used in the rock lob- not exceed 45 kilograms-regulation ster fishery when a fisherman sets more pots 19A; than those to which he is entitled. For example, each receptacle is labelled in accord- a licence may authorise the setting of 100 pots ance with section 248 of the Fisheries and in fact 105 pots are set. Overpouing by Act; fishermen in the rock lobster fishery is regarded as a serious offence by other the rock lobsters are at all times fishermen. The Rock Lobster Industry Advis- retained in a container so that the ory Committee has been concerned at the low fisherman responsible for consigning levels of penalties for breaches in regard to this them for sale may be identified for the offence. purpose of any prosecution, up to the point of delivery to a licensed Additionally I have accepted a strong processing establishment. recommendation from the Rock Lobster Indus- Section 24B of the Fisheries Act requires a per- try Advisory Committee to introduce a pot re- son-that is, the fisherman-to attach or cause duction scheme to reduce fishing pressure in to be attached a label to the container in which the rock lobster fishery. The adoption of this rock lobsters are to be delivered or consigned recommendation may lead to an increase in the for sale. The label must state the name and incidence of overpotting, address of the fisherman and the fishing boat In any event the present penalty of a fine not number. The problem is that the section re- exceeding $1 500 for a first offence is not ad- quires the fisherman only to attach, or cause to equate when on average one pot can catch at be attached, the required label. Instances have least 100 kilograms of rock lobster per season. arisen where processors have put the rock lob- Pots have recently attracted a goodwill sale ster in containers and attached the labels. This value of $4 000 each. defeats the intention of the section where there are undersized or spawning rock lobster, as the The west coast rock lobster fishery is fisherman can deny ownership. In practical declared as a limited entry fishery under sec- terms it is necessary to identify those persons lion 32 of the Fisheries Act. Section 32(7) sets responsible for catching and consigning rock out the penalties applicable for breaches of lim- lobster for sale. The person in charge of a rock ited entry fisheries notices. These are- lobster fishing boat is obliged to ensure that no undersized or spawning rock lobsters are for the first offen ce, a fine of not more retained. than $1 500; Section 248, in respect of rock lobsters, is for any subsequent offence, a fine of not intended to provide the mechanisms to prove more than $15 000; liability for any consigned rock lobsters, at the point of inspection by fisheries officers, back to in relation to every offence, a further pen- the person who initially caught, retained, and alty in respect of every kilogram of the fish consigned them for sale. Thus, the labelling or other thing taken calculated at the raze provisions and the prohibition upon removing, of 10-riffles the wholesale value at the time or similarly interfering with rock lobsters of the offence; and, for a second or sub- contained in receptacles during the delivery sequent offence, every boat found to have procedures are designed to show continuity of been used or operated in the commission evidence in determining liability back to the of that offence, and all gear and equipment fisherman concerned right up to the 'point pertaining to the boat at the time of the where the rock lobsters are removed from their offence, may be ordered to be forfeited to containers for processing. Her Majesty. [Tuesday, 18 November 1986] 431541 There is no specific penalty for overpotting. ministrative actions by the Fisheries Depart- Substantial penalties for overpotting are there- went which, when it was also responsible for fore included in the Bill. They are- wildlife matters, worked quite satisfactorily. To for a first offence a fine not exceeding enable the management to continue, an $1 500 for each pot used in excess of that interdepartmental management committee authorised and reduction of the authorised comprising officers from the Departments of pot entitlement by the number of excess Conservation and Land Management, Regional pots used; Development, Mines, and Fisheries was estab- lished. for a second or subsequent offence a fine not exceeding $3 000 for each pot used in In response to the requirements and con- excess of that authorised and reduction of cerns of the broader community interests in the the pot entitlement by the number of ex- Abroihos, the Government in January this year cess pots used. agreed to the formation of the Abrolhos Islands The penalties will apply to overpotting offences Consultative Committee, membership of the committed under either the State or Common- committee being drawn fromnthe following or- wealth Fisheries Acts. The Rock Lobster Indus- ganisations- try Advisory Committee fully supports the Geraldton Mid-West Regional Develop- proposed penalties. ment Advisory Committee; The western rock lobster fishery is Geraldton Professional Fisherman's As- recognised as Australia's most valuable single sociation; species fishery. Action taken now will help to ensure that it remains a valuable industry to Geraldton Tourist Bureau and Pro- Western Australia.