Fishing Today Issue 15/5 October/November 2002
TFIC News
By Bob Lister
Action required on Margaret J inquest recommendations
Coroner Donald Jones handed down his findings into the Margaret J tragedy in late August and recommended 17 courses of action to ensure that any likelihood of a tragic event such as this happening again is minimised.
Surprisingly there is no formal process to consider Coroner recommendations so I have met with Inspector Steve Williams from Marine Police and Colin Finch from MAST in order to review the recommendations and to put in place appropriate changes by all relevant parties.
Some of the recommendations have already been acted on and involve changes to vessel survey procedures and search and rescue operations and other matters specifically relating to the commercial fishing industry are worth commenting on here.
The Coroner has recommended that all vessels should maintain regular radio communication notifying their location at least every 12 hours. Whilst I accept that this may be difficult at times to put into practice, regular communication with a land based station at least every 24 hours would be a feasible and sensible approach and is certainly encouraged.
The recommendation to maintain regular contact with the Bureau of Meteorology regarding prevailing weather conditions is a sensible idea and should be adopted by all fishermen given that weather information can now be obtained from a wide range of sources.
The Coroner recommends that all liferafts be fitted with an EPIRB and this matter has been supported by the National Marine Safety Council as part of the review of a National Standard for Commercial Vessels.
Another recommendation was that a register of persons with local knowledge etc. be available for marine search and rescue and the Marine Emergencies Contact List prepared by TFIC sometime ago and completely separate from the inquest has already proven to be of value.
The other matters that were identified have either been adopted or are being carefully considered by the appropriate authority and changes have or will be made to improve vessel safety and search and rescue procedures.
If you would like a copy of the Coroner’s recommendations please give me a call.
Environment Australia declares their hand on MPAs
Two conservation assessments have recently been released by Environment Australia proposing MPAs in areas called the Bonney upwelling and the Bass Strait sponge beds.
We have carefully considered both CSIRO reports which were prepared over just a few months based on known facts and issues.
Both well documented proposals are short on factual detail and in our view neither justifies progression to an MPA standard.
The Bonney upwellings cover an area from North West Tasmania to the South East of South Australia and the migratory path of Blue Whales but little information is available about their movement, numbers and activity in the area.
The Bass Strait sponge beds have not been surveyed for some 20 years and quite possibly they do not exist and may never have existed.
We have responded to both proposals suggesting that MPAs are not practical and at this time negotiations are continuing but there is certainly a considerable level of support from other interested sectors of the community.
Shark water closures on top of everything else
We already have two MPAs being proposed by Environment Australia in waters adjacent to Tasmania, (Bonney upwelling and Bass Strait sponge beds), at least four "broad areas of interest" being investigated by the National Oceans Office as part of the South East Regional Marine Plan and the two MPA proposals currently being promoted by the Tasmanian Government (Port Davey and Kent group of Islands).
And now AFMA has proposed three Tasmanian area closures in the Southern Shark fishery in waters out to 3nm from 1 January 2003.
Two permanent area closures are on the west coast from Pieman River to the Arthur River and from Cape Sorell to Low Rocky Point. The other proposed closure on a seasonal only basis is from Babel Island to North Point on the north east coast of Flinders Island.
Incredibly AFMA is serious about these closures which we view as very heavy handed and totally unfair without much scientific or justifiable support.
These closures would seriously impact on State fishermen and particularly those with smaller vessels and with economic and weather restrictions limiting their fishing activity to near their home port.
Additionally no apparent consideration has been give for the eleven currently declared shark nursery areas in Tasmanian waters where no school or gummy shark may be taken by commercial or recreational fishermen.
Nor have they taken into account the other many and very significant Tasmanian restrictions that apply to fishing activities in inshore waters where southern shark species are protected by the banning of fishing gear and activity.
In our detailed TFIC response to AFMA we have pointed out that the MOU between Tasmania and the Commonwealth giving AFMA responsibility for school and gummy shark resources in State waters reads (in part) "AFMA, when developing management and compliance arrangements for the school and gummy shark fishery, will take into consideration the impacts these changes could have on small vessel operators and all other holders of shark fishing concessions".
Already this year Tasmanian coastal waters shark fishermen have been restricted to historical gear allocations whilst gear controls in Commonwealth waters have increased to a maximum of 4,200m of shark net and an unlimited number of hooks.
Tasmanian small vessel operators this year have less quota to catch (school and gummy shark TACs have been reduced by 25% and 23% respectively in 2002), have increased fees to pay for management, and cannot catch their shark as efficiently as their Commonwealth counterparts because of gear restrictions sought by Tasmania.
As the inshore fleet is characterised by a number of small operators based in regional areas around the State holding small to moderate levels of quota it is about time that AFMA acknowledged its responsibilities and took steps to protect the inshore Tasmanian fishing fleet rather than penalising them with area closures.
I will keep you informed about our negotiations with AFMA but already there seems to be some weakening in their resolve – and thank goodness for that.
Correct marking of marine farming lease boundaries to be enforced
In the last year all marine farmers have been reminded at least three times about the need to correctly mark lease boundaries.
Additionally annual and routine inspections of leases by DPIWE Marine Farming Branch staff have resulted in individual letters advising of any non-compliance.
Unfortunately it appears that at least some lease holders are still not abiding by lease conditions that require specific marking of external boundaries.
In addition to community attitudes and expectations that leases will be clearly marked it is an unacceptable risk to marine safety to not fully comply with the requirements. The risk of an incident with a commercial or recreational vessel would create very difficult liability issues for both the government agency and the farmer. I can understand why DPIWE is not longer prepared to accept this risk.
For this reason marine farming inspectors have now been authorised under MAST legislation to issue infringement notices for non-compliance under the Marine and Safety (Prescribed Offences) By Laws 2000.
The Marine and Safety By Laws (5.22) state that for a failure to adequately mark fish farm boundaries five penalty units will apply i.e. $500 for this and each subsequent offence. No demerit points apply to infringement notices.
I urge all marine farmers to be proactive and to immediately comply with the standards for marking lease boundaries.
If you are unsure of your obligations regarding specifications, positions or lighting etc. please ring Matthew Hannon in Marine Farming Branch on 03 6233 4513 – it could save you $500 or more and minimise the risk of injury or damage which may be viewed in a court of law as being your fault.
Marion Narrows – Blackman Bay
As time goes on we seem to be experiencing increasing problems accessing some marine areas because of siltation and sand build up.
There is currently an experimental dredging program underway at the Georges Bay barway and the other major area of particular concern is the Marion Narrows at the entrance to Blackman Bay.
We have written to the new Minister for Infrastructure the Hon. Jim Cox seeking his support to maintain safe access via the Marion Narrows into Blackman Bay and the Dunalley Canal.
Marion Narrows is of course extremely important to commercial fishermen and recreational boat operators as it provides the quickest and easiest access to and from the east coast of Tasmania.
The use of the main channel at Marion Narrows and through the Denison Canal at Dunalley provides vessel operators with a short trip compared to the option of travelling in often adverse sea conditions over the much longer and hazardous route via Tasman Island.
Regular monitoring of the main access channel at Marion Narrows since the early 1980s has confirmed that the channel often becomes shallow with sand movement and buildup making regular and safe access difficult.
At this point in time commercial fishing vessels can only travel through the Narrows in good sea conditions at high tide and during daylight hours and even then vessel operators report difficulties and that vessels still scrape the bottom of the channel.
This is now a serious matter where the safety of vessels and crew are being compromised and action is urgently needed to correct the narrows entrance once and for all rather than just assessing the situation from time to time.
Historically solutions to the problem have been identified as regular dredging of the main flood channel and inner channels to maintain suitable water depth and to build a 500 metre long breakwater off the Northern Spit to stop new and shallow channels from forming across the entrance sand bars.
The most obvious solution is probably a combination of both with regular dredging at least until the construction of a breakwater can be completed.
One way or another we are very concerned about ongoing access for our members through this dangerous area and have sought the personal involvement of Minister Jim Cox to investigate and to quickly identify and action appropriate remedial options.
…and all the other news
It is a difficult ask to keep TFIC members informed all the time about issues and although we try hard it is often just not possible with our limited resources.
Over the last month or so we have prepared TFIC submissions and responses on the following issues -
* the draft management plan for small south and north east islands,
* a submission for the Tasmanian Food and Nutrition Policy,
* latest Basslink concerns,
* response to the RPDC background report inquiring into the establishment of marine protected areas within the Port Davey and Two Fold Shelf Bioregions,
* a submission on the draft Melaleuca – Port Davey Area Plan 2002,
* proposed AFMA area closures in the Southern Shark and South East Non Trawl fisheries,
* a submission to Environment Australia on the Bonney Upwelling and Bass Strait Sponge Beds,
* an article on how government proposals will further reduce access to marine waters,
* Couta Rocks road repairs and facilities improvement,
* the Tasmanian slipways management framework and much more.
If members want a copy of any of the aforementioned we would gladly mail, fax or email it to you.
TFIC Board deliberations
At our last TFIC Board meeting Directors discussed a range of issues that impact on our industry including:
- progress with the new National Standard for Commercial Vessels,
- MPAs in Tasmania/the South East Regional Marine Plan/Environment Australia,
- Basslink latest,
- TFIC website,
- seafood food safety,
- CDMA coverage,
- South-east Trawl/Giant Crab compliance,
- MAST issues,
- Labor Party responses to a TFIC survey,
- ASIC restructure,
- King Island port charges,
- marine radio,
- industry education,
- TBT,
- East Coast Tuna, and a whole lot more.
If you need more information to bring yourself up to date on these issues please give me a call at TFIC.