FISHERIES NSW

Assessment of the NSW Abalone

Fishery
Prepared for the Department of the Environment and
Energy for the purpose of assessment under Part 13
and 13(A) of the Environment Protection and
Biodiversity Conservation Act 1999
Published by the NSW Department of Primary Industries

Assessment of the NSW Abalone Fishery - Prepared for the Department of the Environment and Energy for the
purpose of assessment under Part 13 and 13(A) of the Environment Protection and Biodiversity Conservation Act
1999

First published October 2017

More information
Fiona McKinnon, Fisheries NSW

www.dpi.nsw.gov.au
OUT17/12422

© State of New South Wales through the Department of Industry, Skills and Regional Development, 2017. You may copy, distribute and otherwise freely
deal with this publication for any purpose, provided that you attribute the NSW Department of Primary Industries as the owner.

Disclaimer: The information contained in this publication is based on knowledge and understanding at the time of writing (October 2017). However,
because of advances in knowledge, users are reminded of the need to ensure that information upon which they rely is up to date and to check currency
of the information with the appropriate officer of the Department of Primary Industries or the user’s independent adviser.
 Assessment of the NSW Abalone Fishery

Contents
1 Introduction 3
2 Description of the Fishery 3
2.1 Species 3
2.2 Fishing gear 3
2.3 Fishing area 4
2.4 Management arrangements 5
2.4.1 Output controls 5
2.4.2 Input controls 5
2.5 Number of fishers 5
2.6 Licensing arrangements 6
2.7 Allocation between sectors 6
2.7.1 Recreational fishing 6
2.7.2 Aboriginal cultural fishing 6
2.7.3 Policy for Fisheries Resource Sharing in NSW 6
2.8 Governing legislation 7
3 Management 7
3.1 Total Allowable Catch Setting and Review Committee 7
3.2 Legislative changes 7
3.3 Marine estate reforms 8
3.3.1 NSW Marine Estate Draft Management Strategy 8
3.3.2 Hawkesbury Shelf marine bioregion assessment 8
3.4 Performance of the fishery against objectives, performance indicators and triggers 8
3.5 Compliance 8
3.5.1 Compliance rates 9
3.6 Consultation processes 10
3.6.1 Total Allowable Catch Setting and Review Committee 10
3.6.2 Ministerial Fisheries Advisory Committee 10
3.6.3 Commercial Fishing NSW Advisory Council 10
3.6.4 Working groups 10
3.7 Threatened, endangered and protected species 11
3.7.1 Frequency and nature of interactions 11
3.7.2 Management actions taken to reduce interactions and results of such actions 11
4 Research and Monitoring 12
4.1 Research priorities 12
4.2 Relevant research 12
4.3 Monitoring programs 12
4.3.1 Resource Assessment Framework 12

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 Assessment of the NSW Abalone Fishery

4.3.2 Collection of catch and effort data 13

5 Catch Data 13
5.1 Total catch and value of the Abalone Fishery 13
5.2 Catch per unit effort 13
5.3 Harvest by each sector 13
5.3.1 Recreational fishing 13
5.3.2 Aboriginal cultural fishing 14
6 Status of Target Stock 14
7 Impacts of the Fishery on the Ecosystem 14
7.1 Results of any ecological risk assessments 14
7.2 Nature of the impacts on the ecosystem including impacts on any key conservation
values 14
7.3 Management actions taken to reduce the impacts 14
8 Report against Abalone Fishery Conditions of WTO Declaration 15
9 References 16

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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 Abalone Fishery in order 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 Abalone 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. Consistent with the
Guidelines this submission references sections of related documents including the
Environmental Impact Statement on the Abalone Fishery (The Ecology Lab Pty Ltd, 2005) (the
EIS), the Fishery Management Strategy for the Abalone Fishery (The Ecology Lab Pty Ltd,
2007) (the FMS), and the Status of Fisheries Resources in NSW 2014-15 Summary (NSW DPI,
2017).

Table 1 Summary of the Abalone Fishery as at October 2017

Area Ocean waters within NSW

Fishing period 1 January to 31 December

Gear • Scuba
• Surface supplied air (hookah)

Management • Total allowable commercial catch (TACC)

Controls • Individual transferable quota
• Limited entry
• Fishing closures
• Size limits

Primary Species Blacklip Abalone (Haliotis rubra)

By-catch None

Catch 2016 – 129.8t

Value 2016 – $3.73m

Stock Status Sustainable (Stewardson et.al., 2016).

2 Description of the Fishery

For the purposes of this submission the Abalone Fishery comprises the Abalone Share
Management Fishery as described in Schedule 1 of the Fisheries Management Act 1994 (the
Act) and the Fisheries Management (Abalone Share Management Plan) Regulation 2000 (the
SMP).

2.1Species
The Fishery targets a single species, blacklip abalone (Haliotis rubra).

2.2 Fishing gear

Abalone are commercially harvested by fishers using surface supplied air or SCUBA. Refer to
Chapter B1.1.2 (Methods of Harvest) (ppB-28 to B-30) of the EIS.

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 Assessment of the NSW Abalone Fishery

2.3 Fishing area

The Abalone Fishery extends the length of the coastline of NSW, however it has historically
operated from the mid-north coast of NSW to the Victorian border. The Fishery is managed as
one unit and fishers can relocate their operations without restriction.
There has been some reduction to the area in which the Abalone Fishery operates with the
introduction of marine parks in NSW. This resulted in a number of Fishery shares being
surrendered through marine park buy out programs.

Figure 1 NSW marine protected areas

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2.4 Management arrangements

The Abalone 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 Abalone Fishery is predominantly managed by output controls
however some input controls are also used.
2.4.1 Output controls
2.4.1.1 Commercial catch limits
The commercial harvest of abalone is subject to a total allowable commercial catch (TACC) set
annually by the statutory and independent Total Allowable Commercial Catch Setting and
Review Committee established under the Act.
The TACC is allocated among all shareholders in the Abalone Fishery and individual quotas are
allocated (by weight) in proportion to shareholding. Quota may then be transferred between
shareholdings, subject to the quota transfer rules.
The integrity of the quota management system is upheld through the requirement for fishers to
complete daily catch, effort and disposal records, an effective compliance program, and share
forfeiture penalties.
2.4.1.2 Size limits
Abalone are subject to a minimum size limit restriction. The legal minimum size limit for abalone
is 117 millimetres (mm) and applies to all harvest sectors. This was increased from 115 mm on 1
July 2008. Further increases to 120 mm and 123 mm were introduced south of Wonboyn in May
2010 and September 2013 respectively, and apply to the commercial harvest sector only. The
area south of Wonboyn represents approximately 22% of the Abalone Fishery.
2.4.2 Input controls
2.4.2.1 Limited Access
Access to the Abalone Fishery is limited to shareholders in this Fishery, and/or their nominated
fisher, who hold shares above any minimum shareholding level established in the SMP.
2.4.2.2 Spatial closures
The Abalone Fishery is subject to a range of spatial closures arising from the comprehensive
network of marine protected areas (Figure 1) that include marine parks, aquatic reserves and
intertidal protected areas in which commercial fishing is restricted or not permitted.
The SMP, the Fisheries Management (General) Regulation 2010 (FM (G) Regulation) and the
Fisheries Management (Supporting Plan) Regulation 2006 outline a range of spatial and
temporal closures relevant to the Abalone Fishery, including waters closed permanently to all
commercial fishing or class of commercial fishing.
Fishing closures specific to the Abalone Fishery that are authorised under the Act can be found
on the NSW DPI website at www.dpi.nsw.gov.au/fishing/closures/commercial/abalone-fishery-closures

2.5 Number of fishers

Access to the Abalone Fishery is limited to shareholders, or their nominated fishers, who hold
sufficient shares to satisfy the minimum shareholding levels established in the SMP. Minimum
shareholdings are used to determine if a shareholder (or their nominated fisher) is eligible for an
endorsement authorising commercial fishing activity in the Abalone Fishery.
As at 31 August 2017 there were 48 shareholders (decreased from 51 in 2016) with
shareholdings ranging between 10 and 150 shares. Of these, 36 shareholdings are currently
eligible for an endorsement (≥ 70 shares) authorising the taking of abalone.

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2.6 Licensing arrangements

For relevant licensing arrangements refer to the NSW Commercial Fisheries Administration
Guide, January 2012, on the NSW DPI website at www.dpi.nsw.gov.au/fishing/commercial

2.7 Allocation between sectors

Abalone are not permitted to be taken in any other NSW commercial fishery.
2.7.1 Recreational fishing
Recreational fishers are subject to a daily and possession limit of two abalone per person. There
is a minimum size limit of 117 mm and recreational fishers are only permitted to harvest abalone
by hand, without the use of surface supplied air or SCUBA.
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 fishing rules provide for (for events such as for a large cultural gathering or ceremonies).

Table 2 Aboriginal cultural event permits issued which include abalone harvest.

No. of persons
District Target species Maximum abalone
attending
2014/15
Far South Coast Abalone, lobster, mussel 150 >100
Shoalhaven Abalone, lobster 150 40
Far South Coast Abalone, lobster, 1000 500+
mussel, oyster
2014/15
Far South Coast Abalone, lobster, oyster 150 30 - 40
2015/16
Shoalhaven Abalone, lobster, 150 60
mussel, oyster
Far South Coast Abalone 200 500
Shoalhaven Abalone, lobster 300 300 – 400
2016/17
Batemans Bay Abalone, lobster, finfish 550 100+

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.
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 the 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.

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Further information can be found on the NSW DPI website at

www.dpi.nsw.gov.au/fishing/consultation/fisheries-resource-re-allocation-proposals

2.8 Governing legislation

Relevant current legal instruments include:
• Fisheries Management Act 1994
• Fisheries Management (General) Regulation 2010
• Fisheries Management (Supporting Plan) Regulation 2006
• Fisheries Management (Abalone Share Management Plan) Regulation 2000

3 Management
3.1 Total Allowable Catch Setting and Review Committee
The NSW Total Allowable Catch Setting and Review Committee (the TAC Committee) is
established under the Act. The TAC Committee is required to determine the TACC for the
commercial harvest of the abalone, and in doing so is required to have regard to:
• all relevant scientific, industry, community, social and economic factors,
• the need to ensure that the abalone resources are exploited in a manner that will
conserve stocks in the long term,
• the impact on other species and the environment, and
• the precautionary principle as set out in Section 30(2) C of the Act.
The TAC Committee must consider the full extent of abalone exploitation to meet its statutory
obligations. Total removals of abalone stock are made up of:
• the quota allocated to commercial fishers,
• the total legal catch by recreational and Aboriginal fishers, and
• catches of commercial, recreational and Aboriginal fishers not sanctioned by the
Regulations controlling the fishery and not recorded in catch statistics (illegal catches).
A TACC of 130 tonnes was set for the 2017 fishing period (1 January to 31 December).

3.2 Legislative changes

The Fisheries Management Amendment Bill was assented to on 24 November 2015. The Bill,
now known as the Fisheries Management Amendment Act 2015, contains a range of
amendments including:
• Provides for implementation of FishOnline1 which will enable the streamlining of
information and administration processes for commercial and charter boat fishers;
• Creates more flexible, contemporary and less prescriptive provisions surrounding share
management fisheries;
• Facilitates a variety of share linkage options to support commercial fisheries reforms and
provides for further quota management of fisheries generally by amendments to
provisions relating to the determination and allocation of total allowable catch and total
allowable fishing effort;
• Removes the requirement for some commercial fishing boats to be licensed;
• Enhances protections for aquatic habitats and threatened species provisions; and
• Provides for the establishment of expertise based fishery advisory groups.

1
FishOnline is an online self-service system which offers a range of electronic transactions and access to business accounts and
other information to those in the commercial fishing and charter fishing sectors.

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Provisions will be commenced progressively as the necessary supporting regulations are

developed.

3.3 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.
3.3.1 NSW Marine Estate Draft Management Strategy
In 2017 MEMA released the NSW Marine Estate Threat and Risk Assessment Report (TARA), a
state-wide threat and risk assessment for the NSW marine estate. The Draft Management
Strategy, based on the TARA, will be released later this year for public consultation.
3.3.2 Hawkesbury Shelf marine bioregion assessment
MEMA has completed an assessment of the Hawkesbury Shelf marine bioregion. The
assessment identified social, economic and environmental benefits derived by the community
from the marine estate; identified threats and risks to those benefits; evaluated current
management arrangements; and developed suggested management initiatives to address
threats to marine biodiversity while maximising community benefits.
Further information can be found on the NSW Marine Estate website at
www.marine.nsw.gov.au/nsw-marine-estate

3.4 Performance of the fishery against objectives, performance indicators and

triggers
Refer to Fisheries, Aquaculture and Aquatic Conservation Key Highlights and Statistics 2014–15
(NSW DPI, 2016). A copy of the report can be found on the NSW DPI website at
www.dpi.nsw.gov.au/__data/assets/pdf_file/0003/599421/Fisheries-statistics-report-2014-15.pdf

3.5 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. The FCU monitors compliance and detects around 7,000 offences per year.
Prosecutions are an important tool in providing effective deterrence and are also managed by
the FCU, utilising a detailed prosecution management and review process.

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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.
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.
The FCU is currently developing a monthly performance reporting framework to provide more
detailed information on their compliance and enforcement activities by sector. The FCU also
features regularly at QRSI-based workshops and forums.
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 can be found on the
NSW DPI website at www.dpi.nsw.gov.au/__data/assets/pdf_file/0010/639874/Fisheries-compliance-
prosecution-policy-and-procedure.pdf

3.5.1 Compliance rates

The annual rate of compliance in the Abalone Fishery (Table 3) 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 in the Abalone Fishery.

Table 3 Rates of compliance in the Abalone Fishery

Year Compliance Year Compliance

2012/13 68.57% 2014/15 61.82%

2013/14 46.15% 2015/16 56.82%

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3.6 Consultation processes

New consultation arrangements for NSW commercial fisheries were introduced in November
2012 following the Independent Report into NSW Commercial Fisheries Policy, Management
and Administration.
3.6.1 Total Allowable Catch Setting and Review Committee
The TAC Committee has responsibility under the Act for determining the annual TACC for the
Abalone Fishery.
The TAC Committee calls for public submission on the appropriate TACC under the
requirements of the Act. Abalone fishers, relevant industry and community bodies and the
community are invited to make submissions on the TACC.
The TAC Committee obtains input from participants in the TACC Committee Open Forum and
receives written reports from:
• DPI Commercial Fisheries Management
• DPI Fisheries Compliance
• DPI Fisheries Research
• Participants in the Abalone Fishery
Public submissions and presentations to the TAC Committee are invited in the Open Forum
Meeting. Confidential submissions are not discussed publicly and the TAC Committee is able to
call for “in-camera” discussions, where appropriate.
3.6.2 Ministerial Fisheries Advisory Committee
The MFAC has been 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 will include 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.
3.6.3 Commercial Fishing NSW Advisory Council
The Commercial Fishing NSW Advisory Council (Commfish NSW) has been 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.
Further information can be found on the NSW DPI website at:
www.dpi.nsw.gov.au/fishing/consultation/ccfnswac

3.6.4 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.
Further information can be found on the NSW DPI website at
www.dpi.nsw.gov.au/fishing/commercial/consultation

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3.7 Threatened, endangered and protected species

Refer to Chapter B2.5 (Risk from the current operation of the Abalone Fishery on threatened and
protected species) (pp B-116 to B-128) of the EIS.
The EIS found that due to the very selective method of harvest, collecting by hand, there is likely
to be little adverse interaction between the Abalone Fishery and threatened or protected
species, or threatened ecological communities.
3.7.1 Frequency and nature of interactions
Mandatory reporting of threatened, endangered and protected (TEP) species interactions was
implemented in the Abalone Fishery in 2005. There have been no interactions reported by
endorsements holders in the Fishery for the period 2012 – 2016.
3.7.2 Management actions taken to reduce interactions and results of such actions
Mandatory reporting of TEP species interactions was implemented in the Abalone Fishery in
2005. Due to the typically minimal and benign nature of interactions with TEP species
associated with the Abalone Fishery, no further measures are currently needed to mitigate or
reduce interactions specific to this Fishery.
3.7.2.1 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; and
• Sets out a timetable for recovery and threat abatement planning and achievement.
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.
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.

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Further information can be found on the NSW DPI website at www.dpi.nsw.gov.au/fishing/species-

protection/priorities-action-statement

4 Research and Monitoring

4.1 Research priorities
The Fisheries NSW Strategic Research Plan 2014-2018 details priority programs. The Plan is
available on the NSW DPI website at www.dpi.nsw.gov.au/content/research/fishing-
aquaculture/strategic-priorities/Planning-Strategic-Research.pdf

4.2 Relevant research

Prior to 2009 NSW DPI undertook targeted research and annual reporting on the status of the
NSW abalone resource and performance of the Abalone Fishery. Following a review of the
Fishery in the mid 2000’s, NSW DPI sought feedback from industry through a co-management
arrangement on the ongoing delivery of its assessment and reporting program. The outcome of
this process was the significant reduction of the scientific services delivered by NSW DPI and
the subsequent outsourcing of this service.
The current arrangements have NSW DPI tender for these scientific services through the roles
of an external Data Manager and Data Analyst. The roles of these service providers include:
• the provision of a Fishery Assessment Report to the NSW DPI;
• presentation of the Fishery Assessment to NSW DPI and the TAC Committee;
• report on best practice processes and procedures to estimate biomass to inform
development of the Harvest Strategy;
• manage data loggers (functionality and deployment);
• upload data logger data and manage databases to support annual assessment of the
Abalone Fishery; and
• provide summary report on logger use, coverage and issues associated with utilisation.
Information from the most recent resource assessment is available in the TAC Committee’s
Report and Determination 2017 Abalone Fishery available on the NSW DPI website at
www.dpi.nsw.gov.au/__data/assets/pdf_file/0003/710895/NSW-Abalone-TACC-Determination-2017-Final-
Signed-161206.pdf

4.3 Monitoring programs

4.3.1 Resource Assessment Framework
The current Resource Assessment Framework for the assessment of harvested marine fish
species harvested in NSW (Scandol, 2004) incorporates a standardised method of reporting on
the exploitation status of fish stocks across all commercial fisheries 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.
This framework has remained relatively unchanged since it was established in 2004. In 2016
NSW DPI commissioned an external review of the framework to provide advice on whether the
current measures or other frameworks best address the future needs for sustainable
management of NSW fisheries resources.
Key areas outlined in the recommendations related to a transition to the National Status of
Australian Fish Stocks (SAFS) reporting framework. Major recommendations focussed on
communication between management and research groups and a restructuring of resources to
better deliver knowledge to support management of the commercial fishing industry following the
implementation of the Commercial Fisheries Business Adjust Program.

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4.3.2 Collection of catch and effort data

Catch and effort data from the Abalone Fishery is an important source of fishery dependent
information and provides an important component of the Abalone Fishery Assessment.
Further information about reporting arrangements can be found on the NSW DPI website at
www.dpi.nsw.gov.au/fisheries/commercial/catch-effort

5 Catch Data
5.1 Total catch and value of the Abalone Fishery
Table 4 Reported landings (tonnes) in the Abalone Fishery**

Year 2011/12 2012/13 2013 (6 months) 2014 2015 2016

t 109.8 119.9 62.5 124.6 129.3 129.8

#
Table 5 Estimated value ($m) of reported landings in the Abalone Fishery

Year 2011/12 2012/13 2013 (6 months) 2014 2015 2016

$ 3.37 3.84 1.88 3.69 3.54 3.73

** Reported gross landings as at October 2017. The data is subject to ongoing validation.
#
based on SFM monthly prices.

5.2 Catch per unit effort

The catch per unit effort (kg/hr) for the 2015 fishing period was 48.18 kg/hr and 48.69 kg/hr for
the 2016 fishing period.

Table 6 Catch per unit effort (kg/hr) for each fishing period

Fishing period CPUE (kg/hr) Fishing period CPUE (kg/hr)

2007/08 18.3 2013 (six months) 43.93

2008/09 19.6 2014 47.04

2009/10 28.0 2015 48.18

2010/11 33.7 2016 48.69

2011/12 39.8

5.3 Harvest by each sector

5.3.1 Recreational fishing
Recreational fishers are subject to a daily and possession limit of two abalone per person. There
is a minimum size limit of 117 mm and recreational fishers are only permitted to harvest abalone
by hand, without the use of surface supplied air or SCUBA.
Several reports containing estimates of the recreational fishing harvest are available, however
each remains challenged by a small sample size in providing an accurate and robust estimate
for this sector (Andrew et al., 1997 and Henry and Lyle, 2003).
Most recently, NSW DPI has completed the Survey of Recreational Fishing in New South Wales
and the ACT 2013/14 (West et.al., 2015) which estimated the total recreational harvest (by
number) of abalone in NSW to be 18,423 + 11,718 individuals.

13 NSW Department of Primary Industries, October 2017

 Assessment of the NSW Abalone Fishery

For TACC setting purposes, a recreational catch of 10 tonnes continues to be applied. This
estimate is considered high by recreational fishers as they claim the reduction in the bag limit
from 10 to two has significantly reduced the desirability of recreational fishing for abalone.
5.3.2 Aboriginal cultural fishing
No estimates available.

6 Status of Target Stock

The exploitation status for abalone is ‘Sustainable’ under the SAFS reporting framework
(Stewardson et.al., 2016).

7 Impacts of the Fishery on the Ecosystem

7.1 Results of any ecological risk assessments
Refer to the NSW Marine Estate TARA Report, a state-wide threat and risk assessment for the
NSW marine estate. A copy of the report can be found on the NSW Marine Estate website at
www.marine.nsw.gov.au/key-initiatives/threat-and-risk-assessment

Also refer to the EIS:

• Chapter B2.2 (Risk analysis for the current operation of the Abalone Fishery – Broad
Ecosystem) (pp. B-93 to B-99);
• Chapter B2.3 (Risk analysis for the current operation of the Abalone Fishery on the target
species) (pp. B-99 to B-115);
• Chapter B2.4 (Risk analysis for the current operation of the Abalone Fishery on by-
product and bycatch species) (pp. B-115 to B-116);
• Chapter B2.5 (Risk from the current operation of the Abalone Fishery on threatened and
protected species) (pp. B-116 to B-128); and
• Chapter B2.6 (Risk analysis for the current operation of the Abalone Fishery on other
species, assemblages and habitat) (pp. B-128 to B-132).

7.2 Nature of the impacts on the ecosystem including impacts on any key
conservation values
The EIS found that apart from the potential effects of harvesting, most activities associated with
the Abalone Fishery were considered to pose no or negligible risk to the ecological sustainability
of components of the biophysical environment.
The risk from the operation of the Abalone Fishery to different components of the target species
ranged from low to high risk (refer to Tables B2.2 (pg B-95) and B2.3 (pg B-114) of the EIS.

7.3 Management actions taken to reduce the impacts

The current strategy for ensuring the sustainability of abalone stocks continues to be based on
the annual review and setting of a TACC by the independent and expertise based TAC
Committee.

14 NSW Department of Primary Industries, October 2017


8 Report against Abalone Fishery Conditions of WTO Declaration
Condition
Operation of the Abalone Fishery will be carried out in accordance with the
Fisheries Management (Abalone Share Management Plan) Regulation 2000 in
force under the New South Wales Fisheries Management Act 1994.
The New South Wales Department of Primary Industries to inform the Department
of the Environment and Energy of any proposed substantive changes to the
management arrangements that may affect the criteria on which Environment
Protection and Biodiversity Conservation Act 1999 decisions are based.
The New South Wales Department of Primary Industries to produce and present
reports to the Department of the Environment and Energy annually as per
Appendix B to the Guidelines for the Ecologically Sustainable Management of
Fisheries – 2nd Edition.
The New South Wales Department of Primary Industries, in consultation with
stakeholders, to review the management objectives, performance indicators and
trigger points set out in the Fisheries Management (Abalone Share Management
Plan) Regulation 2000 and implement and amendments as appropriate to ensure
they are appropriately precautionary and effective.
15 NSW Department of Primary Industries, October 2017
Assessment of the NSW Abalone Fishery
Progress
Operation of the Abalone Fishery has been carried out in accordance with the Act and
regulations made under this Act.
Department of the Environment and Energy advised accordingly.
This submission seeks to satisfy this condition.
A draft harvest strategy for the Abalone Fishery was developed in 2015 in consultation
with industry and a working group (that included industry representatives and national
abalone fishery scientists). Following a process of consultation, NSW DPI needs to
further develop the draft strategy based on feedback prior to finalising for further
industry consultation.
Notwithstanding this Abalone Fishery catch and effort statistics, including CPUE and
Average Weight and their three year rolling averages, are provided to the TAC
Committee to inform the performance of the Fishery with respect to the draft strategy
and to support the ongoing development of the performance indicators and decision
rules.
The Abalone Fishery Assessment Report also presents Fishery data based on the
draft strategy’s performance indicators and associated decision rules.
 Assessment of the NSW Abalone Fishery

9 References
Andrew, N.L., Reid, D. and Murphy, J. 1997. Estimates of the recreational harvest of abalone in
NSW during 1997. NSW Fisheries internal report.
Henry, G.W. and Lyle, J.M. 2003. The national recreational and indigenous fishing survey.
Final Report to the Fisheries Research and Development Corporation, Project 99/158. NSW
Fisheries Final Report Series No. 40, 188pp.
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.
Stewardson, C., Andrews, J., Ashby, C., Haddon, M., Hartmann, K., Hone, P., Horvat, P.,
Mayfield, S., Roelofs, A., Sainsbury, K., Saunders, T., Stewart, J., Stobutzki, I. and Wise, B.
(eds) 2016. Status of Australian fish stocks reports 2016, Fisheries Research and Development
Corporation, Canberra.
Stewart, J., Hegarty, A., Young, C., Fowler, A.M. and Craig, J. (eds) 2015. Status of Fisheries
Resources in NSW 2013 - 14. NSW Department of Primary Industries, Mosman: 391pp.
The Ecology Lab Pty Ltd. 2007. Fishery Management Strategy for the NSW Abalone Fishery.
Brookvale ISBN 978 0 7347 1846 4
The Ecology Lab Pty Ltd. 2005. Environmental Impact Statement on the Abalone Fishery in
NSW. ISBN 0 7347 1668 0
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.

16 NSW Department of Primary Industries, October 2017