Footnotes

Chapter 1 - Introduction

[1]        Department of Agriculture and Water Resources, Submission 12, p. 12; Australian Fisheries Management Authority (AFMA), 'Geelong Star meets AFMA requirements on arrival into Australia', Media Release, 1 April 2015.

[2]        Journals of the Senate, 7 September 2015, p. 3040.

[3]        Journals of the Senate, 13 September 2016, p. 177.

[4]        Form letters sent following the dissolution of the Senate on 9 May 2016 were not received by the committee and are not included in the total figure of form letters received. The total number of form letters received should be distinguished from the number of individuals who lodged a form letter, as a large number of individuals lodged multiple form letters. Some individuals who signed one of the four types of form letters also signed at least one of the other three types.

[5]        Geoscience Australia, 'Australia's jurisdiction', www.ga.gov.au/scientific-topics/marine/‌jurisdiction/australia (accessed 6 November 2015); and Department of Agriculture and Water Resources, 'The Australian Fishing Zone', www.agriculture.gov.au/fisheries/domestic/zone (accessed 6 November 2015).

[6]        AFMA, 'The Australian fishing zone', www.afma.gov.au/wp-content/uploads/2010/07/‌fs02_afz.pdf (accessed 6 November 2015).

[7]        D Borthwick, Review of Commonwealth fisheries: legislation, policy and management, December 2012, p. 16.

[8]        Attorney-General's Department, 'Offshore constitutional settlement', www.ag.gov.au/‌Internationalrelations/InternationalLaw/Pages/TheOffshoreConstitutionalSettlement.aspx (accessed 6 November 2015).

[9]        D Borthwick, Review of Commonwealth fisheries: legislation, policy and management, p. 16.

[10]      AFMA, Annual Report 2014–15, September 2015, p. 14.

[11]      Department of Agriculture and Water Resources, www.agriculture.gov.au/fisheries/domestic/‌managing-australian-fisheries (accessed 9 November 2015).

[12]      AFMA, Submission 18, p. 1.

[13]      AFMA, Annual Report 2014–15, September 2015, p. 70.

[14]      The principles of ecologically sustainable development are outlined in section 6A of the Fisheries Administration Act. The principles are: '(a) decision-making processes should effectively integrate both long-term and short-term economic, environmental, social and equity considerations; (b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation; (c) the principle of inter-generational equity—that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations; (d) the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making; and (e) improved valuation, pricing and incentive mechanisms should be promoted'.

[15]      Fisheries Administration Act 1991, s. 6; AFMA, Annual Report 2014–15, p. 18. Additional objectives are outlined in subsection 3(2) of the Act.

[16]      Fisheries Administration Act 1991, s. 7.

[17]      Fisheries Administration Act 1991, ss. 10B(2), 10B(3) and 11(1).

[18]      AFMA, Submission 18, Attachment 9, p. 1.

[19]      Department of the Environment (now Department of the Environment and Energy), 'Fisheries and the environment', www.environment.gov.au/‌marine/fisheries (accessed 9 November 2015).

[20]      Commonwealth Fisheries Association, Submission 15, p. 3.

[21]      Petuna Sealord Deepwater Fishing, Submission 11, pp. 2, 11.

[22]      Department of Agriculture and Water Resources, Submission 12, p. 30.

[23]      Small Pelagic Fishery Management Plan 2009, Explanatory Statement, p. 2.

[24]      Fisheries Management Amendment (Super Trawlers) Regulation 2015.

[25]      During the Margiris controversy, the then government established an expert panel to consider the environmental impacts of the mid-water trawl freezer vessels with storage capacity greater than 2000 tonnes in the SPF. The 2014 report of that expert panel noted: 'by the mid-1980s the purse seine fishery off the east coast of Tasmania, based out of Triabunna and fishing surface schools of jack mackerel, was the largest fishery in Australia (by weight)'. Annual production peaked at almost 42,000 tonnes in the 1986–87 season. M Lack, P Harrison, S Goldworthy and C Bulman, Report of the Expert Panel on a Declared Commercial Fishing Activity: Final (Small Pelagic Fishery) Declaration 2012, October 2014, p. 18.

[26]      AFMA, Answer to question on notice, No. 37, Senate Rural and Regional Affairs and Transport Legislation Committee, Additional Estimates 2015–16, February 2016.

[27]      Dr Jeremy Lyle, Senior Research Scientist, Institute for Marine and Antarctic Studies (IMAS), Committee Hansard, 15 April 2016, p. 47.

[28]      Dr Jeremy Lyle, IMAS, Committee Hansard, 15 April 2016, p. 42.

[29]      Seafish Tasmania, Submission 22, pp. 1–2, 3 and 12.

[30]      Seafish Tasmania, Submission 22, pp. 1–2.

[31]      Tasmanian Conservation Trust (TCT), Submission 143, p. 5.

[32]      Mr Jonathan Bryan, Marine Spokesperson, TCT, Committee Hansard, 15 April 2016, p. 19.

[33]      AFMA, Response to Submission 143, Attachment A, p. 3.

[34]      M Lack et al, Report of the Expert Panel on a Declared Commercial Fishing Activity: Final (Small Pelagic Fishery) Declaration 2012, p. 20.

[35]      M Lack et al, Report of the Expert Panel on a Declared Commercial Fishing Activity: Final (Small Pelagic Fishery) Declaration 2012, p. 21.

[36]      The Hon Tony Burke MP (Minister for Sustainability, Environment, Water, Population and Communities), 'Super trawler banned while expert assessment is carried out', Media Release, 19 November 2012.

[37]      ABC News, 'Super trawler sails off from controversy', 6 March 2013, www.abc.net.au/news/‌2013-03-06/super-trawler-sails-off-from-controversy/4556560 (accessed 20 January 2016).

[38]      Seafish Tasmania Pelagic Pty Ltd v Burke, Minister for Sustainability, Environment, Water, Population and Communities (No 2) [2014] FCA 117.

[39]      ABARES, Fishery status reports 2016, September 2016, p. 98.

[40]      Department of Agriculture and Water Resources, Submission 12, p. 12; AFMA, 'Geelong Star meets AFMA requirements on arrival into Australia', Media Release, 1 April 2015.

[41]      Department of Agriculture and Water Resources, Submission 12, p. 3.

[42]      Small Pelagic Fishery Industry Association, Submission 27, p. 22.

[43]      Seafish Tasmania, Submission 22, p. 12.

[44]      Previous names for the vessel were the FV Naeraberg and the FV Dirk Dirk. Dr James Findlay, Chief Executive Officer, AFMA, Senate Rural and Regional Affairs and Transport Legislation Committee Hansard, Estimates, 23 February 2015, p. 78.

[45]      Environment Tasmania, Submission 145, p. 2; Australian Marine Conservation Society, Submission 146, p. 2.

[46]      Conservation Council SA, Submission 148, p. [7].

[47]      Australian Recreational Fishing Foundation, Submission 134, p. 2.

[48]      Seafish Tasmania, Submission 22, p. 15.

[49]      Seafish Tasmania, Submission 22, p. 14.

[50]      Seafish Tasmania, Submission 22, p. 15.

[51]      Small Pelagic Fishery Industry Association, Submission 27, p. 35.

[52]      Petuna Sealord Deepwater Fishing, Submission 11, pp. 2, 11. 2.27        Similarly, Austral Fisheries outlined the various freezer vessels it currently operates, and has operated previously, in the sub-Antarctic toothfish and icefish fisheries, in the Northern Prawn Fishery and on the high seas (in the Indian Ocean). The largest of these vessels was 87 metres long. Austral argued that the freezer vessels it operates or has operated previously were 'essential from an efficiency, sustainability, safety, and commercial viability perspective'. See Austral Fisheries, Submission 14, p. 6.

[53]      CSIRO, Submission 23, p. 6.

[54]      In November 2012, then Environment Minister, the Hon Tony Burke MP issued the Final (Small Pelagic Fishery) Declaration 2012, which prohibited commercial fishing activities that: (a) occur in the SPF; (b) use the mid-water trawl method; and (c) use a vessel which is greater than 130 metres in length, has an on board fish-processing facility and has storage capacity for fish or fish products in excess of 2000 tonnes. Although the term super trawler was used when the ministerial declaration was announced, the declaration and the explanatory statement did not use the term (the explanatory statement for the declaration used 'large mid‑water trawl freezer vessel').

[55]      Fisheries Management Amendment (Super Trawlers) Regulation 2015.

[56]      Senator the Hon Richard Colbeck, 'Supertrawlers to be banned from Australian waters', Media Release, 24 December 2014.

[57]      Senator the Hon Richard Colbeck, Senate Rural and Regional Affairs and Transport Legislation Committee Hansard, Budget Estimates 2015–16, 26 May 2015, p. 55.

[58]      The Hon Leon Bignell MP (SA Minister for Agriculture, Food and Fisheries), 'Serious concerns about super trawler near SA waters', Media Release, 24 June 2015, http://pir.sa.gov.au/alerts_‌news_events/news/fisheries_and_aquaculture/serious_concerns_about_super_trawler_near_sa_waters (accessed 6 November 2015).

[59]      Name withheld, Submission 52, p. 1.

[60]      Western Australian Fishing Industry Council, Submission 7, p. 1.

[61]      Mr Allan Hansard, Managing Director, Australian Recreational Fishing Foundation, Committee Hansard, 15 April 2016, p. 32.

[62]      Mr Adrian Meder, Marine Campaigns Officer, Australian Marine Conservation Society, Committee Hansard, 15 April 2016, p. 15.

[63]      Mr Malcolm McNeill, Chief Executive Officer, Petuna Sealord Deepwater Fishing, Committee Hansard, 15 April 2016, p. 38.

[64]      Northern Territory Department of Primary Industry and Fisheries, Submission 73, pp. 3–4.

[65]      CSIRO, Submission 23, p. 6.

[66]      AFMA, Submission 18, p. 5.

Chapter 2 - Overview of management arrangements for the Small Pelagic Fishery

[1]        Australian Fisheries Management Authority (AFMA), Small Pelagic Fishery: Management arrangements booklet 2015–16, www.afma.gov.au/wp-content/uploads/2014/08/SPF-Management-Arrangements-Booklet-2015-16.pdf (accessed 4 April 2016), p. 7.

[2]        The fishing season in the SPF lasts for 12 months, beginning on 1 May.

[3]        Northern Territory Department of Primary Industry and Fisheries, Submission 73, p. 4.

[4]        AFMA advised that all major fisheries it manages 'are under TAC/ITQ management with the exception of the Northern Prawn Fishery'. AFMA, Submission 18, Attachment 9, p. 2.

[5]        AFMA, 'Small Pelagic Fishery', www.afma.gov.au/fisheries/small-pelagic-fishery (accessed 4 April 2016); AFMA, Submission 18, Attachment 9, p. 3.

[6]        Similarly, the quantity in kilograms allowed by the SFR decreases if the TAC decreases. AFMA, Submission 18, Attachment 9, p. 3.

[7]        Dr Nick Rayns, Acting Chief Executive Officer, AFMA, Senate Rural and Regional Affairs and Transport Legislation Committee Hansard, Estimates, 26 May 2015, p. 59.

[8]        As noted in Chapter 1, the HSP arises from the Ministerial Direction to AFMA of 2005. AFMA, Submission 18, Attachment 9, p. 1.

[9]        Australian Government, Commonwealth fisheries harvest strategy: policy and guidelines, September 2007, p. 4.

[10]      CSIRO, Submission 23, p. 15 (citation omitted).

[11]      Small Pelagic Fishery Management Plan 2009, s. 17.

[12]      Small Pelagic Fishery Total Allowable Catch (Quota Species) Determination 2016, Explanatory Statement; AFMA, Response to Submission 166, Attachment A, p. 3; FRDC, 'Glossary', http://fish.gov.au/glossary (accessed 25 July 2016).

[13]      Fisheries Administration Act 1991, ss. 54 and 56.

[14]      Consultation with SEMAC is required by paragraphs 13(1)(h) and 18(a).

[15]      AFMA, Submission 18, p. 4. For the SPF, AFMA is trialling an SPF Scientific Panel and stakeholder forums to provide scientific and economic advice to SEMAC and the Commission. The decision to replace the SPF resource assessment group with these arrangements is discussed in Chapter 5.

[16]      Small Pelagic Fishery Management Plan 2009, s. 18.

[17]      Small Pelagic Fishery Management Plan 2009, s. 18.

[18]      Department of Agriculture and Water Resources, Submission 12, p. 30.

[19]      Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES), Fishery status reports 2015, October 2015, http://data.daff.gov.au/data/warehouse/9aam/fsrXXd9abm_‌/fsr15d9abm_20151030/00_FishStatus2015_1.1.0.pdf (accessed 25 July 2016), p. 92.

[20]      Department of Agriculture and Water Resources, Submission 12, p. 30.

[21]      AFMA, 'Small Pelagic Fishery – FAQs', www.afma.gov.au/fisheries/small-pelagic-fishery-faqs (accessed 12 February 2016).

[22]      Department of Agriculture and Water Resources, Submission 12, p. 30.

[23]      Fisheries Management Act 1991, s. 3(1)(b).

[24]      Department of Agriculture and Water Resources, Submission 12, p. 2.

[25]      AFMA, Small Pelagic Fishery: Bycatch and discarding workplan 2014–2016, www.afma.gov.au/wp-content/uploads/2014/11/Bycatch-and-Discard-Work-Plan-SPF-2016.pdf (accessed 19 November 2015), p. 5.

[26]      AFMA, AFMA's Program for addressing bycatch and discarding in Commonwealth fisheries: an implementation strategy (2008), www.afma.gov.au/wp-content/uploads/2014/11/Bycatch-and-Discarding-Implementation-Strategy-feb-08.pdf (accessed 4 April 2016), p. 4.

[27]      Department of Agriculture and Water Resources, Submission 12, p. 12.

[28]      AFMA, Submission 18, p. 4.

[29]      The VMP may be viewed here: www.afma.gov.au/revised-geelong-star-vessel-management-plan.

[30]      Department of Agriculture and Water Resources, Submission 12, p. 4.

[31]      Department of Agriculture and Water Resources, Submission 12, p. 12.

[32]      AFMA, Submission 18, p. 6.

[33]      AFMA, Vessel management plan: Small Pelagic Fishery – Geelong Star, Version 1.5, September 2015, p. 5; provided as Submission 18, Attachment 5.

[34]      AFMA, Vessel management plan for the FV Geelong Star: Version 2.0 – updated October 2016, www.afma.gov.au/revised-geelong-star-vessel-management-plan (accessed 2 November 2016), p. 4.

[35]      Dr James Findlay, Chief Executive Officer, AFMA, Committee Hansard, 1 November 2016, p. 15. See also Department of Agriculture and Water Resources, Submission 12, p. 13.

[36]      Department of Agriculture and Water Resources, Submission 12, p. 29.

Chapter 3 - Concerns about the impact of the FV Geelong Star on the marine environment

[1]        Australian National Sportfishing Association (ANSA), Submission 127, p. 3.

[2]        Ms Rebecca Hubbard, Marine Coordinator, Environment Tasmania, Committee Hansard, 15 April 2016, p. 15.

[3]        CSIRO, Submission 23, p. 4.

[4]        Institute for Marine and Antarctic Studies (IMAS), Submission 19, p. 6 (citation omitted).

[5]        Mr Peter Simunovich, Director, Seafish Tasmania; and Member, Small Pelagic Fishery Industry Association (SPFIA), Committee Hansard, 15 April 2016, p. 9.

[6]        Mr Peter Simunovich, Director, Seafish Tasmania; and Member, SPFIA, Committee Hansard, 15 April 2016, p. 9.

[7]        CSIRO, Submission 23, p. 4.

[8]        Department of Agriculture and Water Resources, Submission 169.1, p. 2.

[9]        Environment Tasmania, Submission 145, p. 5.

[10]      Environment Tasmania, Submission 145, p. 2.

[11]      Environment Tasmania, Submission 145, p. 5.

[12]      Western Australian Game Fishing Association, Submission 60, p. 2.

[13]      Fisheries Research and Development Corporation (FRDC), 'Glossary', http://fish.gov.au/‌glossary (accessed 25 July 2016).

[14]      Dr James Findlay, Chief Executive Officer, AFMA, Committee Hansard, 1 November 2016, pp. 10–11.

[15]      IMAS, Submission 19, p. 5.

[16]      The SPFRAG is discussed in further detail in Chapter 5.

[17]      Mr Jonathan Bryan, Marine Spokesperson, Tasmanian Conservation Trust (TCT), Committee Hansard, 15 April 2016, p. 19.

[18]      TCT, Submission 143, pp. 4–5. Mr Bryan authored the Trust's submission.

[19]      Mr Jonathan Bryan, TCT, Committee Hansard, 15 April 2016, p. 19.

[20]      Mr Jonathan Bryan, TCT, Committee Hansard, 15 April 2016, p. 19.

[21]      Mr Jonathan Bryan, TCT, Committee Hansard, 15 April 2016, p. 19.

[22]      Mr Graham Pike, Submission 166, p. 2.

[23]      Mr Graham Pike, Submission 166, pp. 2–3.

[24]      Mr Graham Pike, Submission 166, p. 5.

[25]      AFMA, Submission 18, p. 4.

[26]      AFMA, Response to Submission 166, pp. 1–2.

[27]      AFMA, Response to Submission 143, Attachment A, p. 2.

[28]      Department of Agriculture and Water Resources, Submission 12, p. 24.

[29]      Dr Jeremy Lyle, Senior Research Scientist, IMAS, Committee Hansard, 15 April 2016, p. 46.

[30]      Professor Caleb Gardner, Fisheries Scientist, IMAS Committee Hansard, 15 April 2016, p. 46.

[31]      Mr Mark Nikolai, Chief Executive Officer, Tasmanian Association for Recreational Fishing (TARFish), Committee Hansard, 15 April 2016, pp. 51–52

[32]      M Lack, P Harrison, S Goldworthy and C Bulman, Report of the Expert Panel on a Declared Commercial Fishing Activity: Final (Small Pelagic Fishery) Declaration 2012, October 2014, p. 169.

[33]      AFMA, Small Pelagic Fishery Harvest Strategy, April 2015, www.afma.gov.au/wp-content/uploads/2014/11/SPF-Harvest-Strategy-20152.pdf (accessed 25 July 2016), p. 2.

[34]      Mr Jonathan Bryan, TCT, Committee Hansard, 15 April 2016, p. 20. The Trust's submission also commented on localised depletion; it stated: 'Gaps in existing scientific knowledge make it impossible for localised impacts of fishing to be managed to protect other species, particularly central place foragers. Modelling used to assess the impacts of the SPF does not operate at a scale that allows it to address concerns about localised depletion, and does not take into account climate change or population changes in alternate food species such as lanternfish. The argument is made that even if SPF species are reduced, lanternfish will be an alternate food source, so we don't have to worry. There is no suggestion that lanternfish populations will be monitored to ensure that the alternative remains available'. TCT, Submission 143, p. 3.

[35]      Mr Jonathan Bryan, TCT, Committee Hansard, 15 April 2016, p. 23.

[36]      Seafish Tasmania, Submission 22, p. 4.

[37]      Seafish Tasmania, Submission 12, p. 4.

[38]      Seafish Tasmania, Submission 12, p. 5.

[39]      Professor Caleb Gardner, IMAS, Committee Hansard, 15 April 2016, p. 45.

[40]      CSIRO, Submission 23, p. 5.

[41]      CSIRO, Submission 23, p. 8.

[42]      AFMA, Submission 18, p. 5.

[43]      Dr Simon Nicel, Director, Domestic Fisheries and Marine Environments, Fisheries, Forestry and Quantitative Sciences, Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES), Department of Agriculture and Water Resources, Committee Hansard, 1 November 2016, p. 6.

[44]      Dr Simon Nicel, ABARES, Department of Agriculture and Water Resources, Committee Hansard, 1 November 2016, p. 6.

[45]      Dr Simon Nicel, ABARES, Department of Agriculture and Water Resources, Committee Hansard, 1 November 2016, p. 6.

[46]      AFMA, Submission 18, p. 5.

[47]      IMAS, Submission 19, p. 6.

[48]      Dr Jeremy Lyle, IMAS, Committee Hansard, 15 April 2016, p. 46.

[49]      This is also discussed in Chapter 5.

[50]      Dr Simon Nicel, Director, Domestic Fisheries and Marine Environments, Fisheries, Forestry and Quantitative Sciences, Australian Bureau of Agricultural and Resource Economics and Sciences, Department of Agriculture and Water Resources, Committee Hansard, 1 November 2016, p. 6.

[51]      Dr James Findlay, AFMA, Committee Hansard, 1 November 2016, p. 11.

[52]      Australian Recreational Fishing Foundation (ARFF), Submission 134, p. 19; ANSA, Submission 127, pp. 10–11; TARFish, Submission 128, pp. 3–4.

[53]      ARFF, Submission 134, p. 11.

[54]      ARFF, Submission 134, pp. 5–6.

[55]      AFMA, 'More offshore waters opening in Small Pelagic Fishery', Media Release, 20 April 2016.

[56]      Dr Jeremy Lyle, IMAS, Committee Hansard, 15 April 2016, p. 46.

[57]      Professor Caleb Gardner, IMAS, Committee Hansard, 15 April 2016, p. 46.

[58]      ARFF, Submission 134, pp. 13–14.

[59]      NSW Young Lawyers, Submission 25, p. [9].

[60]      NSW Young Lawyers, Submission 25, p. [9].

[61]      IMAS, Submission 19, p. 8.

[62]      CSIRO, Submission 23, p. 10.

[63]      FRDC, Submission 20, p. 4.

[64]      Seafish Tasmania, Submission 22, p. 6.

[65]      Mr Peter Simunovich, Director, Seafish Tasmania; and Member, SPFIA, Committee Hansard, 15 April 2016, p. 10.

[66]      Dr James Findlay, Chief Executive Officer, AFMA, Committee Hansard, 1 November 2016, p. 11.

[67]      Department of Agriculture and Water Resources, Submission 12, p. 14.

[68]      Threatened species are categorised as follows: divided into the following categories:                     (a) extinct; (b) extinct in the wild; (c) critically endangered; (d) endangered; (e) vulnerable; and (f) conservation dependent. EPBC Act, s. 178(1).

[69]      It is an offence to undertake an activity in a Commonwealth area that results in the death, injury, trading, taking, keeping or moving of a species listed under the EPBC Act. Certain actions are not offences, however, including an action provided for by, and taken in accordance with, a plan or regime that is accredited under section 265 of the EPBC Act, which includes management plans under the Fisheries Management Act 1991. See, EPBC Act, Part 13. See also Chapter 2, paragraph 2.21.

[70]      'Interaction' is defined in the September 2015 version of the vessel management plan for the Geelong Star as 'any physical contact an individual has with a protected species. This includes all catching (hooked, netted, entangled) and collisions with an individual of these species'. AFMA, Submission 18, Attachment 5, p. 4.

[71]      CSIRO, Submission 23, p. 10.

[72]      CSIRO, Submission 23, pp. 10–11.

[73]      AFMA, Protected species interactions reported in Commonwealth Fishery logbooks for the period 1 April to 30 June 2015: Final report, www.afma.gov.au/wp-content/uploads/2014/12/‌Quarter-2-2015-final-report.pdf (accessed 21 October 2016), p. 4.

[74]      ABARES, Fishery status reports 2016, September 2016, p. 113.

[75]      Seafish Tasmania, Submission 22, p. 8.

[76]      Seafish Tasmania, Submission 22, p. 8.

[77]      Seafish Tasmania, Submission 22, p. 8.

[78]      AFMA, Answers to questions on notice, 1 November 2016, p. 4.

[79]      AFMA, 'Whale shark interaction with Geelong Star', Media Release, 19 February 2016, www.afma.gov.au/whale-shark-interaction-geelong-star (accessed 22 February 2016); 'Whale shark interaction – video footage consistent with observer report', Media Release, 24 February 2016, www.afma.gov.au/whale-shark-interaction-video-footage-consistent-observer-report (accessed 18 July 2016); 'Whale shark interaction – observer report', Media Release, www.afma.gov.au/whale-shark-interaction-observer-report (accessed 18 July 2016).

[80]      TCT, Submission 143, pp. 3–4.

[81]      Environment Tasmania, Submission 145, p. 3. Many of Environment Tasmania's arguments were repeated in the submission from Conservation Council SA (Submission 148).

[82]      Environment Tasmania, Submission 145, p. 3.

[83]      Environment Tasmania, Submission 145, p. 3.

[84]      AFMA, Submission 18, Attachment 5, p. 5.

[85]      Environment Tasmania, Submission 145, p. 3.

[86]      Environment Tasmania, Submission 145, p. 4.

[87]      Mr Jonathan Bryan, TCT, Committee Hansard, 15 April 2016, p. 20. See also TCT, Submission 143, p. 4.

[88]      Environment Tasmania provided a detailed overview of sonde cable and the concerns associated with its use. See Environment Tasmania, Submission 145, pp. 4–5.

[89]      Environment Tasmania, Submission 145, p. 4.

[90]      TCT, Submission 143, p. 4.

[91]      Seafish Tasmania, Submission 22, p. 15.

[92]      AFMA, Submission 18, p. 3.

[93]      As noted in Chapter 2, the vessel management plan for the Geelong Star contains bycatch mitigation requirements that include 'the use of a seal excluder device or barrier net, marine mammal observation and move-on measures, bird scaring devices, offal management measures, marine mammal and seabird handling practices and a comprehensive network of spatial closures to reduce the likelihood of interactions with Australian sea lions'. AFMA, Submission 18, p. 4.

[94]      AFMA, Response to Submission 143, Attachment A, p. 2.

[95]      Dr James Findlay, AFMA, Committee Hansard, 1 November 2016, p. 13.

[96]      Dr James Findlay, AFMA, Senate Rural and Regional Affairs and Transport Legislation Committee Hansard, Additional Estimates 2015–16, 9 February 2016, p. 80.

[97]      Dr James Findlay, AFMA, Senate Rural and Regional Affairs and Transport Legislation Committee Hansard, Additional Estimates 2015–16, 9 February 2016, p. 80.

[98]      AFMA, Response to Submission 143, Attachment A, p. 2.

[99]      Dr James Findlay, AFMA, Committee Hansard, 1 November 2016, p. 22.

[100]    Mr Peter Simunovich, Director, Seafish Tasmania; and Member, SPFIA, Committee Hansard, 15 April 2016, p. 2.

[101]    Committee Hansard, 15 April 2016, p. 2.

[102]    AFMA, Submission 18, p. 2 (emphasis omitted).

[103]    Mr Malcolm McNeill, Chief Executive Officer, Petuna Sealord Deepwater Fishing, Committee Hansard, 15 April 2016, p. 38.

[104]    AFMA initially provided data on the number of interactions with threatened, endangered and protected species by vessels of different lengths for the period July 2010 to June 2015 in its submission: see AFMA, Submission 18, Attachment 2.

[105]    Mr Jonathan Bryan, TCT, Committee Hansard, 15 April 2016, p. 22.

[106]    Mr Jonathan Bryan, TCT, Committee Hansard, 15 April 2016, p. 22.

Chapter 4 - Concerns about the economic and social consequences of the Geelong Star

[1]        Department of Agriculture and Water Resources, Submission 12, p. 27.

[2]        Commonwealth Fisheries Association (CFA), Submission 15, p. 2.

[3]        Seafish Tasmania, Submission 22, p. 12.

[4]        Professor Caleb Gardner, Fisheries Scientist, Institute for Marine and Antarctic Studies (IMAS), Committee Hansard, 15 April 2016, p. 47.

[5]        Department of Agriculture and Water Resources, Submission 12, p. 29.

[6]        Australian Fisheries Management Authority (AFMA), Response to Submission 143, Attachment A, p. 3.

[7]        The fisheries were the Northern Prawn Fishery, South Eastern Shark and Scalefish Fishery, the wild-catch sector of the Southern Bluefin Tuna Fishery and the Eastern Tuna fishery. CFA, Submission 15, pp. 5–6.

[8]        CFA, Submission 15, pp. 5–6 (emphasis omitted).

[9]        The fisheries referred to were the Great Australian Bight Trawl Fishery, Western Tuna and Billfish Fishery, East Coast Deepwater Trawl Sector, Heard Island and McDonald Islands Fishery and the Macquarie Island Toothfish Fishery. CFA, Submission 15, p. 6.

[10]      Northern Territory Department of Primary Industry and Fisheries, Submission 73, pp. 5–6.

[11]      Small Pelagic Fishery Industry Association (SPFIA), Submission 27, p. 5.

[12]      AFMA, Submission 18, p. 5.

[13]      Seafish Tasmania, Submission 22, p. 12.

[14]      Seafish Tasmania, Submission 22, p. 12. Subclass 457 visas enable employers to sponsor overseas skilled workers to work in Australia on a temporary basis if an appropriately skilled Australian worker cannot be found. Holders of a subclass 457 visa may work in Australia in a skilled occupation for up to four years. Department of Immigration and Border Protection, Temporary Work (Skilled) (subclass 457) visa, www.border.gov.au/Forms/Documents/1154.pdf (accessed 19 September 2016), p. 3.

[15]      SPFIA, Submission 27, p. 19.

[16]      Environment Tasmania, Submission 145, p. 6.

[17]      Mr Jonathan Bryan, Marine Spokesperson, Tasmanian Conservation Trust, Committee Hansard, 15 April 2016, p. 21.

[18]      Mr Jonathan Bryan, Marine Spokesperson, Tasmanian Conservation Trust, Committee Hansard, 15 April 2016, p. 25.

[19]      Mr Peter Simunovich, Director, Seafish Tasmania; and Member, SPFIA, Committee Hansard, 15 April 2016, p. 4.

[20]      Committee Hansard, 15 April 2016, p. 4.

[21]      AFMA, Submission 18, p. 7.

[22]      Environment Tasmania, Submission 145, p. 6.

[23]      Western Australian Game Fishing Association (WAGFA), Submission 60, p. 2.

[24]      Professor Craig Johnson, Head, Ecology and Biodiversity Centre, and Assistant Director, IMAS, Committee Hansard, 15 April 2016, p. 41.

[25]      Mr Peter Simunovich, Director, Seafish Tasmania; and Member, SPFIA, Committee Hansard, 15 April 2016, p. 10.

[26]      Environment Tasmania added that AFMA has 'failed to address this concern and sardines have been caught and dumped since the Geelong Star has been operating'. Submission 145, p. 6.

[27]      AFMA, Response to Submission 143, Attachment A, p. 3.

[28]      Australian Recreational Fishing Foundation (ARFF), Submission 134, p. 16. The potential effects for recreational fisheries were also noted by the Conservation Council SA (see Submission 148, p. 5) and WAGFA (Submission 60, pp. 2–3).

[29]      Mr Allan Hansard, Managing Director, ARFF, Committee Hansard, 15 April 2016, p. 30.

[30]      Committee Hansard, 15 April 2016, pp. 30–31.

[31]      Committee Hansard, 15 April 2016, p. 31.

[32]      Committee Hansard, 15 April 2016, p. 31.

[33]      Productivity Commission, Marine fisheries and aquaculture, Draft report, August 2016, p. 105.

[34]      Productivity Commission, Marine fisheries and aquaculture, Draft report, p. 107.

[35]      Productivity Commission, Marine fisheries and aquaculture, Draft report, p. 16.

[36]      Productivity Commission, Marine fisheries and aquaculture, Draft report, p. 16.

Chapter 5 - Views on the Small Pelagic Fishery management framework and AFMA's standing among stakeholders

[1]        Dr James Findlay, Chief Executive Officer, AFMA, Committee Hansard, 1 November 2016, p. 22.

[2]        Department of Agriculture and Water Resources, Submission 12, p. 5.

[3]        AFMA, Submission 18, p. 2.

[4]        AFMA, Submission 18, p. 4.

[5]        AFMA, Submission 18, p. 4.

[6]        See AFMA, 'Schedule of daily egg production (DEPM) surveys for SPF quota species and Small Pelagic Fishery research projects (tabled by AFMA on 1 November 2016).

[7]        AFMA, Response to Submission 166, p. 2.

[8]        CSIRO, Submission 23, p. 6.

[9]        Fisheries Research and Development Corporation (FRDC), 'About us', www.frdc.com.au/‌about_frdc/about_us/Pages/default.aspx (accessed 20 July 2016); FRDC, Submission 20, p. 2.

[10]      FRDC, Submission 20, p. 2.

[11]      FRDC, Submission 20, p. 2.

[12]      Institute for Marine and Antarctic Studies (IMAS), 'Research', www.imas.utas.edu.au/research (accessed 20 July 2016).

[13]      Professor Craig Johnson, Head, Ecology and Biodiversity Centre, and Assistant Director, IMAS, Committee Hansard, 15 April 2016, p. 41.

[14]      FRDC, Submission 20, p. 5.

[15]      CSIRO, Submission 23, pp. 4, 5 and 12.

[16]      CSIRO, Submission 23, p. 9 (citations omitted).

[17]      CSIRO, Submission 23, p. 12.

[18]      CSIRO, Submission 23, pp. 5, 12.

[19]      FRDC, Submission 20, p. 3.

[20]      IMAS, Submission 19, p. 5.

[21]      Department of Agriculture and Water Resources, Submission 12, p. 29.

[22]      Department of Agriculture and Water Resources, Submission 12, p. 29.

[23]      AFMA, Submission 170, p. 2.

[24]      Professor Craig Johnson, IMAS, Committee Hansard, 15 April 2016, p. 41.

[25]      Small Pelagic Fishery Industry Association (SPFIA), Submission 27, p. 17. Similarly, the Tasmanian Seafood Industry Council outlined the principal research priorities for the SPF and the key research tasks undertaken between 2002 and 2014 to inform these priories: see Submission 16, pp. 6–7.

[26]      Seafish Tasmania, Submission 22, pp. 8–9.

[27]      Seafish Tasmania, Submission 22, p. 9.

[28]      Seafish Tasmania, Submission 22, p. 9.

[29]      SPFIA, Submission 27, p. 15.

[30]      SPFIA, Submission 27, p. 15.

[31]      Seafish Tasmania, Submission 22, p. 9.

[32]      Seafish Tasmania, Submission 22, p. 9.

[33]      AFMA, Submission 170, p. 2.

[34]      Environment Tasmania, Submission 145, p. 5.

[35]      Environment Tasmania, Submission 145, p. 2.

[36]      Environment Tasmania, Submission 145, p. 5.

[37]      Western Australian Game Fishing Association, Submission 60, p. 2.

[38]      Australian Recreational Fishing Foundation (ARFF), Submission 134, pp. 3–4.

[39]      AFMA, 'Schedule of daily egg production (DEPM) surveys for SPF quota species and Small Pelagic Fishery research projects (tabled by AFMA on 1 November 2016).

[40]      Mr Ian Thompson, First Assistant Secretary, Sustainable Agriculture, Fisheries and Forestry Division, Department of Agriculture and Water Resources, Committee Hansard, 1 November 2016, p. 5.

[41]      Mr Gordon Neil, Assistant Secretary, Fisheries Branch, Sustainable Agriculture, Fisheries and Forestry Division, Department of Agriculture and Water Resources, Committee Hansard, 1 November 2016, p. 5.

[42]      CSIRO, Submission 23, p. 15.

[43]      Productivity Commission, Marine fisheries and aquaculture: Draft report, August 2016, p. 7.

[44]      AFMA, Response to Submission 143, p. 2.

[45]      SEMAC comprises a chairperson, an AFMA officer and up to seven other members. As at June 2016, the other members included one research member, one environment/conservation member, four industry members and one recreational member. An additional four invited participants comprise two industry participants, one scientific participant and one state government participant. AFMA, 'South East Management Advisory Committee', www.afma.gov.au/fisheries/committees/south-east-management-advisory-committee-semac (accessed 29 June 2016); Fisheries Administration Act 1991, s. 60; AFMA, Submission 18, Attachment 9, p. 3.

[46]      AFMA, Submission 18, Attachment 9, p. 2.

[47]      M Lack, P Harrison, S Goldworthy and C Bulman, Report of the Expert Panel on a Declared Commercial Fishing Activity: Final (Small Pelagic Fishery) Declaration 2012, October 2014, p. 21.

[48]      AFMA, 'SPFRAG members complete their term', Statement dated 18 June 2015, www.afma.gov.au/spfrag-members-complete-term (accessed 22 July 2016); AFMA, Submission 18, Attachment 9, p. 4.

[49]      The Hon Niall Blair MLC (New South Wales Minister for Primary Industries; and Minister for Lands and Water), Submission 26, p. 2.

[50]      Northern Territory Department of Primary Industry and Fisheries, Submission 73, p. 2.

[51]      Northern Territory Department of Primary Industry and Fisheries, Submission 73, pp. 2–3.

[52]      Northern Territory Department of Primary Industry and Fisheries, Submission 73, p. 4.

[53]      Commonwealth Fisheries Association (CFA), Submission 15, p. 7.

[54]      CFA, Submission 15, p. 6.

[55]      SPFIA, Submission 27, p. 27.

[56]      Austral Fisheries, Submission 14, p. 1.

[57]      Seafish Tasmania, Submission 22, p. 14.

[58]      SPFIA, Submission 27, p. 36.

[59]      Department of Agriculture and Water Resources, Submission 12, p. 5.

[60]      Australian Marine Conservation Society, Submission 146, p. [3].

[61]      Australian Marine Conservation Society, Submission 146, p. [3].

[62]      Tasmanian Association for Recreational Fishing (TARFish), Submission 128, p. 7.

[63]      Victorian Recreational Fishing Peak Body, Submission 33, p. 2.

[64]      D Borthwick, Review of Commonwealth fisheries: Legislation, policy and management, December 2012, p. x; cited in ARFF, Submission 134, p. 18.

[65]      Mr Ian Thompson, Department of Agriculture and Water Resources, Committee Hansard, 1 November 2016, p. 4.

[66]      The Council is intended to 'reinvigorate the lines of communication between recreational fishers and government'. The Coalition's policy for a more competitive and sustainable fisheries sector, August 2013, p. 7.

[67]      Senator the Hon Richard Colbeck (Parliamentary Secretary to the Minister for Agriculture), 'Recognising the value of recreational fishing in Australia', Media Release, 24 July 2015.

[68]      It was also noted that the possible arrangements will be revisited in a meeting of recreational fishing representatives on 24 November 2016. Mr Ian Thompson, Department of Agriculture and Water Resources, Committee Hansard, 1 November 2016, pp. 3–4.

[69]      ARFF, Submission 134, p. [19].

[70]      ARFF, Submission 134, p. [19].

[71]      Senator the Hon Anne Ruston (Assistant Minister for Agriculture and Water Resources), 'Progress made on Geelong Star negotiations', Media Release, 1 December 2015.

[72]      Senator the Hon Anne Ruston, 'Progress made on Geelong Star negotiations', Media Release, 25 February 2016.

[73]      See Mr Peter Simunovich, Director, Seafish Tasmania; and Member, SPFIA, Committee Hansard, 15 April 2016, p. 2; Mr Allan Hansard, Managing Director, ARFF, Committee Hansard, 15 April 2016, p. 28.

[74]      Mr Allan Hansard, ARFF, Committee Hansard, 15 April 2016, p. 28.

[75]      TARFish, Submission 128, p. 8.

[76]      Environment Tasmania, Submission 145, p. 6.

[77]      Environment Tasmania, Submission 145, p. 6.

[78]      Tasmanian Conservation Trust (TCT), Submission 143, pp. 22–23. These allegations are outlined in further detail in the TCT's submission.

[79]      ARFF, Submission 134, p. 16. See Fisheries Management Act 1991, s. 6.

[80]      ARFF, Submission 134, pp. 13–14.

[81]      ARFF, Submission 134, pp. 13–14.

[82]      This map is also discussed in Chapter 3.

[83]      ARFF, Submission 134, p. 19.

[84]      ARFF, Submission 134, p. 19.

[85]      TARFish, Submission 128, pp. 3–4.

[86]      AFMA, Response to Submission 166, p. 2.

[87]      ARFF, Submission 134, p. 19.

[88]      Mr Allan Hansard, ARFF, Committee Hansard, 15 April 2016, p. 28.

[89]      SPFIA, Submission 27, p. 19.

[90]      SPFIA, Submission 27, p. 28.

[91]      Dr James Findlay, AFMA, Committee Hansard, 1 November 2016, p. 18.

[92]      Dr James Findlay, AFMA, Committee Hansard, 1 November 2016, p. 18.

[93]      Dr James Findlay, AFMA, Committee Hansard, 1 November 2016, p. 18.

[94]      Dr James Findlay, AFMA, Committee Hansard, 1 November 2016, p. 19.

[95]      Dr James Findlay, AFMA, Committee Hansard, 1 November 2016, p. 20.

[96]      Dr James Findlay, AFMA, Committee Hansard, 1 November 2016, p. 21.

[97]      Dr James Findlay, AFMA, Committee Hansard, 1 November 2016, p. 23.

[98]      Dr James Findlay, AFMA, Committee Hansard, 1 November 2016, p. 23.

[99]      AFMA, 'Small Pelagic Fishery Resource Assessment Group past meetings', www.afma.gov.au/‌small-pelagic-fishery-resource-assessment-group-past-meetings (accessed 5 April 2016).

[100]    See, for example, the list of meeting attendees for the 12 February 2015 SPFRAG meeting as recorded in the minutes at: www.afma.gov.au/wp-content/uploads/2015/01/SPFRAG-February-2015-meeting-minutes-PDF-554-KB.pdf (accessed 30 August 2016).

[101]    AFMA, 'Scientific & economic advice procedures for the Small Pelagic Fishery', www.afma.gov.au/‌scientific-economic-advice-procedures-small-pelagic-fishery  (accessed 5 April 2016).

[102]    Dr Kirsten Davies, Letter of resignation to AFMA dated 8 January 2015, included in her response to Submission 143, p. [3].

[103]    Dr Kirsten Davies, Letter of resignation to AFMA dated 8 January 2015, included in her response to Submission 143, p. [3].

[104]    Dr Kirsten Davies, Response to Submission 143, p. [2].

[105]    TCT, Submission 143, pp. 4–5.

[106]    See Environment Tasmania, Submission 145, p. 7. AFMA provided a written response to this evidence, which the committee has published.

[107]    Mr Graham Pike, Submission 166, p. 14.

[108]    AFMA, Response to Submission 143, p. 2.

[109]    AFMA, Fisheries Administration Paper 12: Resource Assessment Groups, October 2015, p. 10; provided in Submission 143, p. [21].

[110]    AFMA, Response to Submission 143, Attachment A, p. 1.

[111]    AFMA, Response to Submission 143, Attachment A, p. 2.

[112]    AFMA, Submission 18, p. 7.

[113]    Commonwealth Ombudsman, Investigation into the management of the Small Pelagic Fishery Resource Assessment Group (SPFRAG): A report regarding AFMA's administration from 2012 to 2015, August 2016, www.ombudsman.gov.au/__data/assets/pdf_file/0015/40326/August-2016-Published_AFMA_Final_Report.pdf (accessed 30 August 2016).

[114]    Commonwealth Ombudsman, Investigation into the management of the SPFRAG, p. 7.

[115]    Commonwealth Ombudsman, Investigation into the management of the SPFRAG, p. 10.

[116]    Commonwealth Ombudsman, Investigation into the management of the SPFRAG, p. 10.

[117]    Commonwealth Ombudsman, Investigation into the management of the SPFRAG, p. 9.

Chapter 6 - Committee view and recommendations

[1]        AFMA, Submission 170, p. 1.

[2]        Dr James Findlay, Chief Executive Officer, Australian Fisheries Management Authority (AFMA), Committee Hansard, 1 November 2016, p. 21.

[3]        Dr James Findlay, AFMA, Committee Hansard, 1 November 2016, p. 10.

[4]        AFMA, 'Seafish Tasmania voluntary offer', www.afma.gov.au/fisheries/small-pelagic-fishery/seafish-tasmania-voluntary-offer/ (accessed 21 October 2016).

Coalition Senators' dissenting report

[1]        ABARES, Fishery status reports 2016.

[2]        Australian Fisheries Management Authority (AFMA), Submission 18, Attachment 4.

[3]        AFMA, Submission 18.

[4]        AFMA, Submission 18.

[5]        Seafish Australia, Submission 22, p. 12.