Managing Commonwealth Fisheries:The Last Frontier

Recommendations

COMMONWEALTH FISHERIES AND THE AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY (Chapter 2)

(1) paragraph 2.23

That the Australian Fisheries Management Authority, in consultation with the Department of Primary Industries and Energy and with industry, establish, and periodically review, a consistent naming regime for Commonwealth fisheries that can be used readily by managers, industry and researchers.

THE REPORT OF THE AUSTRALIAN NATIONAL AUDIT OFFICE ON THE PERFORMANCE OF COMMONWEALTH FISHERIES MANAGEMENT (Chapter 3)

(2) paragraph 3.24

That the ANAO ensures that its summaries of audit reports be true reflections of the overall reports, and not present their assessments of issues out of context or in a distorted manner that could misrepresent the overall findings of the reports. Brochures should include a general observation about the performance of the agency audited so that any specific comments can be seen in the context of ANAO's overall conclusions.

(3) paragraph 3.25

That the ANAO increase the level of consultation with stakeholders and make more use of consultants when undertaking audits in particularly complex areas where the ANAO clearly does not, nor could be expected to have sufficient expertise to understand all the issues.

(4) paragraph 3.27

That the ANAO be required to include in its reports an assessment of cost benefit implications of its recommendations.

JURISDICTIONAL ARRANGEMENTS (Chapter 4)

(5) paragraph 4.16

That the Commonwealth agree to jurisdictional arrangements negotiated under the Offshore Constitutional Settlement with the States on a fishery by fishery basis rather than waiting until agreement is reached on a package of fisheries.

(6) paragraph 4.25

That finalising Offshore Constitutional Settlement arrangements be given the highest priority by the Minister responsible for Commonwealth fisheries management.

(7) paragraph 4.26

That the Australian Fisheries Management Authority ignore recommendation 1 of the Australian National Audit Office's report. (ANAO recommendation 1 directs AFMA to assess new and proposed OCS arrangements to identify and prioritise those features that have a risk of reducing efficient and effective management of Commonwealth fisheries)

FISHERIES MANAGEMENT PROCESSES (Chapter 5)

(8) paragraph 5.24

That the Australian Fisheries Management Authority continues to broaden the membership of Management Advisory Committees providing always that:

• only legitimate stakeholders participate in the management process;
• broader public concerns over the management of fisheries resources are addressed; and
• it ensures that the concerns of individual industry operators can be taken into account.

(9) paragraph 5.25

That the Fisheries Administration Act 1991 be amended so that the maximum number of members of a Management Advisory Committee (in addition to the chairperson and the AFMA member) be increased to nine with the Minister able to increase this temporarily to 11 where the Minister determines such an increase is necessary.

(10) paragraph 5.28

That the Fisheries Administration Act 1991 be amended so that a majority of industry members of a Management Advisory Committee are selected through a democratic process determined by the Minister. Elected members of a Management Advisory Committee should be required to give the same undertakings about their participation as is given by appointed members.

(11) paragraph 5.30

That explicit disclosure provisions be introduced requiring persons proposed for appointment to a Management Advisory Committee to reveal possible conflicts of interest, and that this information should be provided to all operators in the fisheries covered by the Committees. This requirement should also apply to all members including persons elected to membership of Committees, as proposed in Recommendation 10.

(12) paragraph 5.45

That the Australian Fisheries Management Authority develop and implement management plans in Commonwealth fisheries in line with the timetable provided in its submission to the Committee (submission 13, attachment 5). AFMA should report progress in the development and implementation of management plans in each fishery in its Annual Reports.

(13) paragraph 5.46

That the Australian Fisheries Management Authority develop and widely disseminate a policy paper which would be a practical guide explaining what a management plan is, how it is developed and reviewed, and the opportunities for stakeholders to participate in this process. The policy paper should be completed by 31 December 1997.

(14) paragraph 5.73

That the Australian Taxation Office provide the Australian Fisheries Management Authority with a determination on the implications of amendments to Capital Gains Tax for the fishing industry when they become law; and that the Australian Fisheries Management Authority inform all fishers of the decision provided by the Australian Taxation Office and how it impacts on quota trading in the fishing industry.

EFFICIENT AND COST-EFFECTIVE FISHERIES MANAGEMENT (Chapter 6)

(15) paragraph 6.24

That the Australian Fisheries Management Authority report its performance against the objective of implementing efficient and cost-effective fisheries management for each Commonwealth fishery in its Annual Report. This requires AFMA to detail the strategies it will use, as well as the actions it has taken, to achieve this objective in each fishery.

ACHIEVING ECOLOGICALLY SUSTAINABLE DEVELOPMENTS OF COMMONWEALTH FISHERIES (Chapter 7)

(16) paragraph 7.32

That the Australian Fisheries Management Authority ensures the stock assessment process makes greater use of fishers and their knowledge about fisheries resources.

(17) paragraph 7.46

That the Australian Fisheries Management Authority trial the use of cluster quotas in a fishery to support efforts to overcome bycatch problems. AFMA should report the findings of its trial at its Annual General Meeting.

(18) paragraph 7.54

That as a matter of priority, the Australian Fisheries Management Authority develop surrender provisions for each Commonwealth fishery to reduce the current high levels of dumping of bycatch. AFMA should use incentives to ensure fishers make use of the surrender provisions introduced without leading to bycatch species becoming commercially targeted.

(19) paragraph 7.55

That any funds recovered by the Australian Fisheries Management Authority from the surrender of bycatch, after providing sufficient incentive for fishers to surrender bycatch, should be directed towards research.

ECONOMIC EFFICIENCY(Chapter 8)

(20) paragraph 8.6

That Commonwealth fisheries legislation that refers to the objectives of the Australian Fisheries Management Authority be amended so that the term "sustainable harvest" is substituted for "exploitation" in AFMA's legislative objectives.

(21) paragraph 8.35

That the Fisheries Management Act 1991 be amended to define and clarify the objective of maximising economic efficiency in the sustainable harvest of fisheries resources.

(22) paragraph 8.37

That in complying with recommendation 21, the Australian Fisheries Management Authority develop performance indicators in relation to the objective of maximising economic efficiency in the sustainable harvest of fisheries resources. This should involve outlining the strategies that will be used in each fishery to improve economic efficiency in that fishery. The impact and effectiveness of these strategies should appear in its Annual Report.

(23) paragraph 8.38

That in complying with the recommendation 21, the Australian Fisheries Management Authority also consider which fisheries require structural adjustment and detail the strategies being used to achieve the necessary outcomes for each fishery.

ACCOUNTABILITY (Chapter 9)

(24) paragraph 9.25

That for all Commonwealth fisheries, the Australian Fisheries Management Authority conduct industry wide annual workshops in which Management Advisory Committee members can be questioned about their decisions and recommendations to the Australian Fisheries Management Authority Board.

COST RECOVERY (Chapter 10)

(25) paragraph 10.18

That the Australian Fisheries Management Authority, in developing and considering the most appropriate management regime for a fishery, should make allowances for the capacity of industry to meet the management costs that result from different types of management. In doing this the Authority must ensure that its capacity to meet its other legislative objectives is not compromised.

COMPLIANCE AND MONITORING (Chapter 11)

(26) paragraph 11.10

That the Australian Fisheries Management Authority ensure that as a matter of urgency the compliance/investigation manual currently being prepared be completed and distributed to appointed officers under the Fisheries Management Act 1991 by January 1998.

(27) paragraph 11.17

That information provided in logbooks be confidential to AFMA officers and, if necessary, legislative changes be introduced to protect the confidentiality of data provided by fishers in logbooks in the same way commercial-in-confidence information provided to the Australian Bureau of Statistics is protected.

(28) paragraph 11.20

That the Australian Fisheries Management Authority review options and implement processes that will enhance independent verification of logbook data. This review should be completed prior to tabling its 1996-97 Annual Report and recommended strategies and actions should be presented in this report.

(29) paragraph 11.26

That the Australian Fisheries Management Authority undertake a phased in installation of VMS in all Commonwealth fisheries. AFMA should determine an order of priority for the introduction of VMS in the Commonwealth fisheries.

(30) paragraph 11.27

That the necessary equipment to operate VMS be provided to fishers by the Australian Fisheries Management Authority and the costs of this equipment recovered from fishers over two years.

RESEARCH IN THE FISHERIES ENVIRONMENT (Chapter 12)

(31) paragraph 12.15

That the Fisheries Research and Development Corporation annually review:

• the role of CSIRO research vessel (Southern Surveyor), to assess the priority research tasks it should undertake; and
• the balance between cost recovery requirements and the need to address research priorities in Australian fisheries.

(32) paragraph 12.17

That the Australian Fisheries Management Authority consult with industry to investigate ways to improve the participation of industry in the research process and that AFMA make reference to industry participation in their Annual Reports.

(33) paragraph 12.18

That the Fisheries Research and Development Corporation develop a complete register of all fisheries research taking place in Australia to reduce the risks of duplication and to assist in identifying future research priorities.

(34) paragraph 12.19

That the Fisheries Research and Development Corporation receive its funding on the same basis as other industry research and development corporations to give greater certainty of funding levels on a year to year basis.

RECREATIONAL AND GAME FISHING (Chapter 13)

(35) paragraph 13.11

That the Fisheries Management Act 1991 be amended so that the Commonwealth can, where necessary, regulate the activities of all fishing (including recreational fishing) in Commonwealth waters regardless of the existence of a management plan for a fishery.

(36) paragraph 13.21

That the Australian Fisheries Management Authority extend cost recovery to recreational fishers who are defined as commercial operators under the Commonwealth fisheries legislation.

(37) paragraph 13.32

That the Australian Fisheries Management Authority impose a ban on the take, possession and landing of blue and black marlin in the Australian Fishing Zone by commercial fishers.

(38) paragraph 13.33

That the Australian Fisheries Management Authority introduce a tag and release program on blue and black marlin for recreational fishers that allows a limited number of blue and black marlin caught by recreational fishers to be landed for weigh-in purposes. The number of blue and black marlin that can be landed each year should be determined by AFMA in consultation with legitimate stakeholders in the fishery.

(39) paragraph 13.39

That in order to protect stocks of blue and black marlin and the viability of the charter and game fishing sectors, the Australian Fisheries Management Authority should not re-issue Area E permits to commercial longline fishers.

OTHER ISSUES (Chapter 14)

(40) paragraph 14.9

That the Australian Fisheries Management Authority, through its presence on the Torres Strait Protected Zone Joint Authority, seek greater consultation and cooperation with Papua New Guinea over management and surveillance in the fisheries of the Torres Strait Protected Zone.

(41) paragraph 14.13

That the Australian Fisheries Management Authority involve traditional fishers in the management of Commonwealth fisheries where they are legitimate stakeholders, in line with the broadening representation occurring in the management environment. Where appropriate, this should involve representation on management advisory committees, either as full members or as observers.

(42) paragraph 14.19

That in order to provide a national focus and national identity for the fishing industry, fishers be subject to a compulsory levy to enhance the role of the Australian Seafood Industry Council. The Minister should determine how this levy will be collected and administered equitably across the industry.

(43) paragraph 14.26

That the Australian Fisheries Management Authority regularly review the way its administrative processes and procedures place compliance requirements on industry and report in its Annual Report steps that have been taken to streamline these requirements, in particular through greater use of technology. A key element of the review process should be a requirement for Management Advisory Committees to nominate areas of burdensome administration and paperwork to AFMA.

(44) paragraph 14.29

That the Australian Fisheries Management Authority review the number of Commonwealth fisheries in order to reduce the number of designated fisheries in such a way that will provide greater administrative efficiency and streamline regulation.

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