Joint Standing Committee on Treaties 
      
      CHAPTER 3
      Fishing Industry
      3.1       Australia's tuna and billfish industries 
        have a gross value of production of around $110 million.1 
        Japan is the dominant market for sashimi southern bluefin tuna which the 
        Committee was told is insatiable.2 Indonesia, 
        Taiwan, Korea and China are major competitors in Australia's key yellowfin/bigeye 
        markets.3 
      3.2       In 1992 a major part of the Australian 
        tuna industry was in receivership or under bank control but now operates 
        as high value added industry.4 Australia has 
        a quota of 5 206 tonnes of SBT but only operate within the EEZ. 
      3.3       The Committee was told that: 
      
         
          |  the Australian long-line fishery is weather limited, smaller boats 
            fishing for fresh fish. It is physically a different fishery to the 
            Japanese fishery which is large scale, freezer, long-line vessels.5 
           | 
        
      
      3.4       ATBOA told the Committee that Australia 
        has tried to develop a long-line fishing industry but seven or eight ventures 
        have gone bankrupt and the one remaining has had one profitable year in 
        three.6 There is one large vessel operating 
        from Western Australia.7 It was pointed out 
        that: 
      
        - Australians have difficulty getting crews and there is no guarantee 
          that they are going to make wages; 
 
        - Vessels cost $9 million to purchase and $14 000 a day to operate; 
          and 
 
        - the cost of the frozen product has halved in the last five years.8 
        
 
      
      3.5       The Australian long-line boats, with 
        the exception of one operating out of Fremantle, stay out three to four 
        days and airfreight fresh chilled fish to Japan.9 
      
      3.6       ATBOA believes that it will be a long 
        time before Australians will invest in frozen tuna vessels.10 
        Further, from the point of view of Australian workplace and industrial 
        occupational health and safety requirements, Australia may need to revise 
        the nature of operations carried out on frozen tuna long-line vessels.11 
      
      3.7       DPIE consults annually with the Australian 
        fishing industry through the management advisory committees (MAC), to 
        determine if further restrictions need to be placed on Japanese access 
        where the Australian industry has developed its operations.12 
        These additional restrictions can apply to areas of operations and impose 
        catch limitations on the Japanese fleet.13 
        The information obtained from industry groups can then be coupled with 
        the expertise of fishery managers to contribute to the decisions made 
        in relation to Australia's negotiating position. 
      3.8       The quantity of SBT taken by the Japanese 
        is substantial if Joint Venture vessels are included in the equation (Figure 
        5). However, the Committee was told that the presence of the Japanese 
        in the EEZ has not been an impediment to the Australian fishing industry 
        moving into large-scale freezer long-line vessels.14 
      
      3.9       There are areas of the EEZ that are 
        unexploited by small, weather limited boats of the Australian fishing 
        fleet.15 The albacore in the Tasman Sea were 
        given as an example of unexploited resources.16 
        The Western Australian Government believes there are five fish stocks 
        that are not exploited to a high level such as yellowfin and fat-tailed 
        tuna.17 
      
 
      
      Figure 5 Number of Southern Bluefin Tuna caught by the Japanese vessels 
        within the AFZ by AFZ year (Bureau of Resource Sciences 25 October 1996) 
      
      3.10       The presence of the Japanese fleet 
        in the EEZ has been of considerable benefit to the Australian tuna industry. 
        There has been co-operative research and development funding for tuna 
        fisheries' stock assessments and industry projects such as the tuna farms 
        at Port Lincoln.18 The comment was made that 
        the Australian fishermen use Japanese fishing reports to locate fish and 
        when the Japanese vessels left Australian waters last October, the catch 
        rates of the Australian fleet dropped.19 
      3.11       The Japanese have been progressively 
        excluded from areas where there is competition, gear conflict or the Australian 
        fleet has developed the capacity to operate in the area.20 
        The CSIRO found that Australian and Japanese fleets utilise the same stocks 
        of southern bluefin and yellowfin tuna. 
      3.12       There is interaction between Japanese 
        and domestic fishing operations in the EEZ, and there is little doubt 
        that this has some impact on domestic operations. Tagging studies on SBT, 
        for example, show a rapid interchange of fish between the domestic and 
        Japanese fishing operations off eastern Tasmania, as a result of fish 
        movement, even though the fishing operations are separated spatially by 
        many miles.21 
      Technological benefits 
      3.13       The Committee was told that the ability 
        of the Japanese to locate fish is the most significant technological difference 
        between the Japanese and the Australians.22 
        This is largely attributable to the experience of the Japanese fishing 
        masters.23 
      3.14       In relation to fishing in Australia's 
        northern zones, the Committee was told that the Japanese have not changed 
        their technology in 20 years, apart from improving the material the gear 
        is made of.24 The methods being used by the 
        Australian fleet in northern waters are said to be more efficient, have 
        better catch rates, are cheaper to operate and need less people.25 
      
      3.15       In southern waters, however, the 
        Japanese will continue to have the major effort and the major impact because 
        the fish are not catchable by Australian fishermen.26 
      
      
         
          | The weather conditions in those areas, the distance from ports, 
            makes it almost impossible for a western style of operation to succeed 
            in those waters. The conditions are just too bad at the time that 
            the fish are there, for most of the time.27 
           | 
        
      
      Joint Venture 
      3.16       There was a substantial Joint Venture 
        with Japanese vessels catching the Australian quota for the Australian 
        industry.28 It is estimated that the Joint 
        Venture in 1993 contributed $5.8 million to the Australian economy.29 
        The Joint Venture vessels were allowed restricted quotas for SBT and limits 
        on the bigeye and yellowfin tunas taken.30 
      
      3.17       The Australian input was the provision 
        of quota. The benefit for Australia was the technology transfer from the 
        Japanese and the injection of capital which enabled the Australian industry 
        to recover and build its value adding capacity.31 
      
      3.18       The other aims of the Joint Venture 
        included taking the pressure off the SBT stock in the high seas, reducing 
        the catch of small SBT, reducing the volume of fresh SBT on the Japanese 
        market and assisting the Australian industry recovery.32 
      
      3.19       The Committee was told that the reason 
        for the cessation of Joint Venture was commercial.33 
        It was suggested that it: 
      
         
          | was used in this situation as a lever by the Japanese industry over 
            the Australian industry to create difficulties and therefore engender 
            support for an increase in quota.34  | 
        
      
      3.20       ATBOA told the Committee that: 
      
         
          | The Joint Venture is temporarily suspended for technical reasons 
            i.e. until we can find a solution to the problem of being able to 
            measure tonnage in a hold without unloading, and compare catch records. 
            We expect it to resume in later 1997.35 
           | 
        
      
      3.21       Since the cessation of the Joint 
        Venture, Australian fishing vessels now catch about 4500 tonnes.36 
        The ATBOA believe that the Joint Venture may resume at the end of 1997. 
      
      Exclusion Zones 
      3.22       During the Inquiry there were a number 
        of requests for the exclusion of the Japanese vessels from specific areas. 
        ATBOA believes that: 
      
         
          | the Japanese accept the theory that there will be Australianisation 
            of the fishery over time, whether it be through commercial exploitation 
            by Australians, or by expansion of the charter of recreational fisheries.37 
           | 
        
      
      (a) Commercial Fishing Industry 
           (i) Queensland 
      3.23       In the Western and Central Pacific 
        Ocean there does not appear to be evidence of serious stock depletion 
        for yellowfin or skipjack tunas although the effects on stock recruitment 
        are uncertain.38 Concern was also expressed 
        about the lack of knowledge in relation to bigeye stocks but albacore 
        stock showed considerable improvements.39 
      
      3.24       It was suggested that limitations 
        on Japanese long-line activity in the north east region would be beneficial 
        to local industries. However, if the Japanese ceased to utilise the fishery 
        north of 34 degrees, the Australian fishing industry would take five to 
        six years to fully exploit this resource which would be worth about $25 
        million.40 
           (ii) Western Australia 
      3.25       The Japanese fleet on the west coast 
        is primarily targeting yellowfin tuna.41 The 
        Japanese fleet operated 14 long-line vessels over a two month period off 
        Port Hedland in an area not frequented by SBT.42 
        The substantial tonnages of yellowfin tuna taken in the north west are 
        from areas of high water temperature and subsequently have relatively 
        low market value.43 
      3.26       The Committee is concerned that attempts 
        to exclude the Japanese fleet from areas in Western Australia may deter 
        the use of port facilities at Fremantle. The SBT adjacent to the Western 
        Australian coast are mostly juveniles so there are economic benefits in 
        fishing for larger fish off Tasmania and South Australia. It would therefore 
        be more convenient to undertake bunkering activities in Hobart. SBT are 
        not a major resource on the Western Australian coastline with 265 kilograms 
        being caught by the Japanese fleet in 1993 and 98 kilograms in 1994.44 
        Those vessels targeting species other than southern bluefin may continue 
        to operate off Western Australia.45 
      3.27       In Western Australia, fishermen in 
        the scallop and rock lobster fisheries are looking at economies of scale 
        by having larger boats which also suit tuna fishing activities.46 
        The scaling down of Japanese activities in the area may also assist this 
        industry's adjustment process. 
           (iii) Tasmania 
      3.28       The Committee was told that there 
        is wide ranging support in Tasmania for an extension to an exclusion zone 
        of 50 nautical miles.47 It was pointed out 
        that the better fish come in to feed off the continental shelf and fat 
        fish are worth the most money.48 Good sashimi 
        fish are caught below 500 fathoms and this line is about 12 nautical miles 
        off Tasmania. To the south, however, the continental shelf extends to 
        30 nautical miles so sashimi fish are not present in any quantity within 
        the 12 nautical mile zone.49 
      3.29       The Committee was told that the Tasmanian 
        fishermen who have entered the long-line fishing industry have done very 
        well and that there was a 'lot more potential' for local fishermen.50 
        Mr Green pointed out that he caught 20 fish averaging 100 kilograms with 
        one weighing 200 kilograms about 50 nautical miles from the coast thereby 
        demonstrating the value of this to the local fisherman.51 
      
      3.30       The Japanese vessels often fish a 
        lot further south and east but do come in on occasions.52 
        The proximity of the fish to the Tasmanian coast depends on the presence 
        of bait inshore, the climatic conditions and the amount of fresh water 
        and factors such as El Nino.53 There is a 
        seasonal component and in some seasons the fish will be further offshore.54 
      
      3.31       The Tasmanian Government supports 
        the view that a 50 nautical mile exclusion zone would be beneficial to 
        the local fishing industry although concerned that this may impact adversely 
        on the number of Japanese fishing vessels visiting the port.55 
        The general opinion of the witnesses appearing before the Committee in 
        Hobart was that there would be no significant negative economic impact.56 
      
      3.32       The Premier pointed out that a small 
        extension at this stage would only inconvenience the Japanese fleet marginally 
        but may address the issue of gear conflict.57 
        It was suggested, however, that an incremental increase to 50 nautical 
        miles was not appropriate because fishing must be done outside the 500 
        fathom line.58 
      3.33       One Tasmanian fisherman told the 
        Committee that tuna fishing is only a fledgling industry without the capacity 
        to push the Japanese out to 50 nautical miles.59 
        ATBOA also argued that: 
      
        - there are only two Tasmanian boats making a sustained effort and both 
          lease their quota from the ATBOA; 
 
        - there are only 10 Japanese boats in Tasmanian waters for two months; 
          and 
 
        - the Southern Tuna Management Advisory Committee recommended an exclusion 
          zone of 15 nautical miles with a more detailed assessment to be conducted 
          during 1996/97.60 
 
      
      3.34       The 12 nautical mile zone has persisted 
        because the Tasmanian fishing industry could not previously utilise this 
        resource.61 It was pointed out to the Committee 
        that most of the 30 tonnes of quotas for SBT owned by Tasmanians is currently 
        leased to the fish farming projects in Port Lincoln.62 
      
      3.35       The view was given that the requested 
        extension to 50 nautical miles would only assist those fishing for SBT.63 
        Some small Tasmanian operators have applied unsuccessfully for funding 
        assistance from the Tasmanian Government and the Tasmanian Development 
        Authority because they were unable to purchase the required SBT quotas.64 
      
      3.36       It is also anticipated that quotas 
        will apply to Tasmanian cray fishermen in the next year and they will 
        be looking to another fishery.65 In Tasmania 
        these boats are suitable for SBT fishing if they can lease tuna quota 
        which would result in increased local effort.66 
        It was suggested that the gearing up time would be two years if there 
        was the incentive of the 50 nautical mile buffer zone.67 
        It was argued, however, that excluding the Japanese from the zone would 
        assist in the development of the Australian fleet to utilise this area.68 
      
      3.37       Some gear conflict between Australian 
        and Japanese vessels off the coast of Tasmania occurred as a result of 
        the different types of gear used.69 The Australian 
        gear is much lighter than the Japanese gear.70 
        There has been a precedent in the separation of Japanese and Australian 
        operations in the east coast yellowfin tunas to avoid gear conflict.71 
      
      3.38       The Committee was told that there 
        would be an advantage to have a system which enabled the recognition of 
        other gear in the water.72 Problems can arise 
        because there is no communication between the Japanese and the Australian 
        boats.73 There is not usually someone on board 
        Japanese vessels who can speak English.74 
      
      3.39       AFMA will follow up any reports of 
        gear conflict immediately because they do not want the Japanese fleet 
        creating difficulties for the domestic vessels.75 
        Notwithstanding this concern, the Committee believes that if the subsidiary 
        agreements do not extend the exclusion zone to 50 nautical miles then 
        there must be an attempt by Australian negotiators to develop a set of 
        procedures which would prevent the gear conflict that is occurring in 
        Tasmanian waters. 
      3.40       This would protect gear on both the 
        Japanese fleet, which has had problems resulting from the interactions 
        with Australian trawlers, and the Australian long-line vessels whose lines 
        are lighter than those used by the Japanese. Radio beacons are used by 
        Australian fishermen to locate their own lines. The Committee was told 
        that the radio beacons currently used could only be used if the Australian 
        boats can communicate with the Japanese boats.76 
      
      3.41       The Committee believes that the problems 
        with gear conflict may increase if the Joint Venture project recommences 
        at the end of 1997 as this could significantly increase in the number 
        of Japanese vessels operating in the area. 
      
         
          |  
             Recommendation 7  
            The Joint Standing Committee on Treaties recommends that the 
              Commonwealth Government undertakes discussions with the Government 
              of Japan to resolve the communication difficulties between the two 
              fleets.  
           | 
        
      
      3.42       Joint Venture vessels are of more 
        concern to Tasmanian fishermen than the bilateral vessels.77 
        There are 10 vessels operating in Tasmanian waters under the Subsidiary 
        Agreement for 45 - 60 days catching 400 tonnes of SBT.78 
        The Committee was cautioned, however, that there would be limited benefit 
        in extending the exclusion zone to 50 nautical miles if this only applied 
        to boats using the bilateral arrangements if joint venturers were permitted 
        to work in the 12 to 50 nautical mile zone.79 
        The Committee is concerned that given the small number of Japanese boats 
        operating in the area and for a limited time, that without adequate restrictions, 
        an increase in the size of the exclusion zone would be of more benefit 
        to the Joint Venture vessels than the local fishermen. 
      3.43       Further, there is already a significant 
        presence of domestic vessels from other states. Last year there were about 
        14 interstate boats from Port Lincoln, Eden and others, as well as the 
        local boats operating off Tasmania.80 It was 
        suggested that at the peak of the season there may be more than 20 Australian 
        boats floating long-lines.81 
      3.44       The difficulty is that most of the 
        fish occur within the 50 nautical miles zone off Tasmania.82 
        There was a strong reaction from the Japanese negotiators when it was 
        suggested that there be an extension of the exclusion zone to 15 or 20 
        nautical miles.83 The Japanese negotiators 
        have suggested that an exclusion zone to 50 nautical miles would be unacceptable.84 
      
      3.45       The Committee appreciates that a 
        balance must be struck between being seen to exclude foreign vessels from 
        particular areas before the domestic industry can fully utilise those 
        resources and allowing the fish stock to increase in those areas to provide 
        an incentive for the domestic industry to invest the capital to expand 
        into those areas. 
      3.46       On balance the Committee believes 
        that the best outcome is for the Commonwealth Government to establish 
        a 50 nautical mile exclusion zone as a matter of national consistency. 
      
      
         
          |  
             Recommendation 8  
            The Joint Standing Committee on Treaties recommends that the 
              Commonwealth Government create, as a matter of national consistency, 
              an exclusion zone for the Bilateral and Joint Venture Japanese long-line 
              fishing vessels around Tasmania of 50 nautical miles.  
           | 
        
      
      (b) Recreational and game fishing 
      3.47       There are significant numbers of 
        marlin caught by bilateral vessels including some very large fish. This 
        is detrimental to the recreational fishing sector because the attraction 
        to the game fishing industry is maximum numbers of large fish.85 
        Under the subsidiary agreements, the Japanese long-line vessels caught 
        between 1991 and 1994 off the eastern coast, an annual average reported 
        catch of 378 black marlin, 502 blue marlin, 3118 striped marlin and 7635 
        broadbill swordfish although it is estimated that another 30 per cent 
        were released.86 The total marlin catch for 
        the decade preceding this was substantially higher (Figure 6). 
      
 
      
      Figure 6 Number of marlin caught by Japanese vessels within the AFZ 
        by AFZ year 
      (Bureau of Resource Sciences, 25 October 1996) 
      3.48       Striped marlin fetch high prices 
        on the sashimi market in Japan.87 The percentage 
        of striped marlin landed alive is 40 per cent but the retention is almost 
        100 per cent.88 Joint vessels are not excluded 
        from targeting striped marlin.89 The point 
        was made that striped marlin are difficult to distinguish from other marlin 
        particularly in the water.90 The Committee 
        was told that: 
      
         
          | this difficulty in identification has triggered an increasing take 
            of blue and black marlin despite the "Gentlemen's agreement" 
            by commercial and Japanese to return to the sea the blue and black 
            marlin.91  | 
        
      
      3.49       The CSIRO Division of Fisheries point 
        out that broadbill swordfish have a life history which makes them very 
        vulnerable to overfishing.92 There are a substantial 
        number of swordfish caught by Japanese long-line vessels each year (Figure 
        7). Swordfish are prized in the United States as steaks.93 
        The percentage of broadbill swordfish landed alive is 32 per cent with 
        a retention rate of almost 100 per cent.94 
        Broadbill swordfish are slow maturing and its balance has been disturbed 
        in most fisheries.95 
      3.50       Mr Rowley expressed his concern that 
        broadbill swordfish are nominated as a target species in the agreement 
        and this is a potential growth area for the domestic industry on the east 
        coast.96 He also points out that broadbill 
        swordfish have been subjected to overfishing in most other fisheries.97 
      
      3.51       The Committee does not believe that 
        in relation to bycatch the conditions placed on the Joint Venture vessels 
        should be less than those required under the bilateral agreements. 
      
 
      
      Figure 7 Number of sailfish/swordfish caught by Japanese vessels in 
        the AFZ by AFZ year (Bureau of Resource Sciences 25 October 1996) 
      
           (i) East Coast fishery 
      3.52       The Queensland recreational and game 
        fishing industry has significant economic value.98 
        The Committee was told that the game fishing industry off Queensland and 
        New South Wales is worth $200 million.99 The 
        access fee has in part been used for major recreational and charter operation 
        studies on the east and west coasts.100 In 
        particular the CSIRO is looking at the marlin off Cairns and the interaction 
        between commercial fisher and charter boats.101 
      
      3.53       Off Queensland the long-line vessels 
        target yellowfin whereas black marlin are caught incidentally.102 
        In the Coral Sea there are 13 small domestic long-line vessels and 55 
        large Japanese long-line vessels which have a potential impact on the 
        number of marlin available for recreational fishing.103 
      
      3.54       The Billfish Assessment Group Report 
        for the Eastern TUNAMAC considered that the assessments of the status 
        of the billfish stocks are compromised by the absence of comprehensive 
        catch and effort data.104 The lack of information 
        from the recreational sector inhibits the capacity to evaluate potential 
        fishery interaction problems.105 The available 
        data suggests that there has been no decline in the local abundance within 
        the eastern AFZ with the possible exception of black marlin although the 
        status of regional billfish stocks is less certain. 106 
      
      3.55       The Billfish Assessment Group found 
        that: 
      
         
          | Direct evidence of an interaction between the recreational and commercial 
            fleets fishing within the eastern AFZ exists through the recapture 
            of tagged billfish, though previous spatial closures imposed on the 
            Japanese fleet off north-eastern Queensland do not appear to have 
            been accompanied by increases in strike rates within the recreational 
            sectors in this region. Whether or not recent increases in domestic 
            long-line activity have resulted in decreased recruitment in recent 
            years remains unknown.107  | 
        
      
      3.56       Only 5 per cent of the total black 
        marlin catch for the western Pacific is caught in the EEZ.108 
        The CSIRO believes that the total elimination of the black marlin catch 
        in the EEZ would have little effect on the global black marlin stock.109 
      
      3.57       The Queensland Government believes 
        there is a developing perception among international game fishermen that 
        the North Queensland fishery is no longer productive.110 
        It is the perceived localised stock depletion due to the presence of the 
        Japanese in the EEZ that is of major concern to the Queensland Government.111 
      
      3.58       The catch rates for black marlin 
        off the eastern coast since 1980 has declined by 20 per cent.112 
        Technological advances in recreational fishing have placed greater pressures 
        on fish stock in strong biomass fisheries but in Australian waters there 
        has been an alarming trend to lower CPUE.113 
      
      3.59       Managing the stocks to ensure they 
        are sustainable ignores the importance of size composition to the game 
        fishing industry.114 Under the Commonwealth 
        Fisheries Management Act 1991, the objectives are conservation 
        and optimum utilisation and that: 
      
         
          | providing the conservation objective is satisfied, the optimum utilisation 
            objective is limited to maximising the economic returns of the commercial 
            fishing sector.  | 
        
      
      3.60       In Queensland under the Offshore 
        Constitutional Settlement arrangements, the East Coast Tuna and Billfish 
        Fishery comes under the jurisdiction of the Commonwealth.115 
        The Queensland Government pointed out that: 
      
         
          |  
             as a result of a legal opinion on the interpretation of the objectives 
              of Commonwealth fisheries legislation, AFMA considers that it has 
              no power to manage tuna and marlin resources in a way which takes 
              into account the needs of the recreational and game fishing industry, 
              regardless of the economic benefits that the industry generates. 
            ... the Commonwealth does not consider game fishing to be an industry 
              and thus does not accord it appropriate importance when determining 
              management arrangements for the fishery and in particular access 
              arrangements under the Australia/Japan Tuna Long-line Agreement. 
             
            The result of this situation is that, under the current arrangements 
              and philosophies, economic benefits to Australia, and particularly 
              to North Queensland, from this valuable fishery are unlikely to 
              ever reach their full potential.116 
           | 
        
      
      
         
          |  
             Recommendation 9  
            The Joint Standing Committee on Treaties recommends that the 
              Commonwealth Government undertake a review of the Fisheries 
              Management Act 1991 to determine if amendments are necessary 
              to facilitate the management of all Australian fisheries to enable 
              the recreational and game fishing industry to be treated as a commercial 
              activity with particular reference to achieving optimum utilisation 
              of the resource.  
           | 
        
      
      
         
          |  
             Recommendation 10  
            The Joint Standing Committee on treaties recommends that the 
              Commonwealth Government undertakes a full assessment of the relative 
              values of the recreational, game and long-line fisheries and their 
              compatibility as a basis for determining the most appropriate management 
              arrangements for the fishery and the degree of access to be allocated 
              to each sector.  
           | 
        
      
           (ii) West Coast fishery 
      3.61       The Western Australian Government 
        believes that sports fishing is the most appropriate, valuable and sustainable 
        use of these resources.117 The West Australian 
        Government believes that the greatest multiplier benefit for their domestic 
        economy is through billfish, sharks and yellowfin tuna.118 
        Based on the 1992 figures the recreational fishing industry was worth 
        $400 million and the commercial fisheries between $900 million and $1.2 
        billion to Western Australia when the multiplier effects were taken into 
        account.119 
      3.62       The Western Australian Government 
        believes that the charter boat fishing industry may require a higher density 
        fish stocks than commercial operators and accordingly would like to see 
        additional exclusion zones around Dampier archipelago, Broome and Ningaloo 
        Marine Park. These areas are peak development areas for charter fishing 
        in Western Australia but other areas such as Rottnest, Abrolhos Islands, 
        Kalbarri and Carnarvon are also developing sport fisheries.121 
        The Western Australian Government's preferred position is for the phasing 
        out of the Japanese long-line vessels to enable the development of the 
        domestic fisheries.122 
      3.63       The Western Australian Government 
        believes there is considerable economic benefit in developing a charter 
        fishery which would not significantly impact on the resource.123 
        High strike rates are needed to attract international tourists. It was 
        suggested that a domestically based recreational fishery could have a 
        negative economic impact because fishing gear is imported even though 
        money is being channelled through the region.124 
      
      3.64       The recreational fishing sector in 
        Western Australia has a substantial offshore boating fleet and the quality 
        of fishing is fundamental to the development of this industry.125 
        The Western Australian Government believes that Japanese long-liners take 
        sufficient billfish to impact on the local stocks to a level where recreational 
        fishing is seriously compromised. 126 Japanese 
        long-line activity off the west coast has caught 26 565 marlin from 
        1984 to 1990.127 
      3.65       The game fishing sector is accessing 
        the same stocks as long-line vessels. 128 
        It was pointed out that in 1988 and 1989, of the four marlin caught by 
        recreational fishers, two had long-line hooks in their jaws.129 
        The point was made that the Japanese fleet was restricted to 20 vessels 
        operating north of 34 degrees south on the west coast and 50 nautical 
        miles to limit gear conflict with the increasing number of recreational 
        fishers.130 The value of the game fishing 
        industry would increase if there was a perception that there were recreational 
        fisheries.131 
      3.66       Marlin are bycatch of the yellowfin 
        tuna caught in the pre-breeding aggregation on the north west coast. It 
        was suggested that a seasonal zone closure from 1 January to 31 March 
        in this area between 22 and 16 degrees south would protect the pre-breeding 
        aggregation of yellowfin tuna and eliminate the high marlin bycatch.132 
      
      3.67       The recreational fishermen in Western 
        Australia have access to accurate individual club and organisational records 
        going back to the early 1950 that the scientists do not have.133 
        There are over 400 000 recreational anglers in Western Australia.134 
        The Committee would like to see all of this information made available 
        for collation and research analysis. 
      3.68       The Western Australian recreational 
        fishers favour the Japanese presence because they provide the only State 
        based historical data.135 Local fleets under 
        private and commercial secrecy arrangements, do not have to reveal their 
        activities and AFMA is three years behind in collecting tuna reports from 
        Western Australian long-line vessels.136 
      
      3.69       Concern was expressed with the wording 
        of the subsidiary agreements in relation to: 
      
         
          |  
             permit those vessels to take within the Zone all species of tuna 
              and broadbill swordfish, together with all species of finfish including 
              billfish and oceanic sharks which are incidentally caught. 
            | 
        
      
      3.70       Mr Stagles considered that the recreational 
        fishing sector of Western Australia would prefer a nominated range of 
        tuna species with a sustained level of harvesting and an exclusion for 
        marlin.137 Recreational fishermen believe 
        that incidental bycatch should be returned to the sea dead or alive and 
        that methods should be investigated to minimise the bycatch of billfish.138 
      
      3.71       Although it is appreciated that part 
        of the access fee relates to the billfish catch it was suggested that 
        this would be far less than the potential economic benefits from the international 
        game fishers who would be attracted to areas with high catch rates.139 
      
      3.72       The Queensland Government is concerned 
        that: 
      
         
          |  
             Following its legal opinion on optimum utilisation, AFMA lifted 
              a total ban on the retention of all billfish taken off the area 
              off Cairns. The total ban was replaced with a seasonal ban on black 
              marlin only during the September to January spawning season, for 
              resource conservation reasons.  
            This means that the commercial fishers, both Australian and Japanese, 
              may now retain all billfish they catch and use them for commercial 
              purposes, except for black marlin during the spawning season.140 
           | 
        
      
      3.73       Under the Subsidiary Agreement the 
        Japanese vessels may retain marlin which are dead at the time of retrieval 
        which means that they can quite properly have marlin on board. It was 
        suggested that this negates the effectiveness of the voluntary release 
        arrangement with Japan unless an Australian observer is on board at all 
        times.141 
      3.74       The Queensland Government believes 
        that: 
      
         
          |  
             Most Australian boats observe a voluntary code of conduct requiring 
              the release of all marlin regardless of whether they are dead or 
              alive when the long-line is retrieved.142 
            | 
        
      
      3.75       The Committee was also told that 
        the code of practice requires the release of blue or black marlin if they 
        are alive but the 'compliance level on local long-line operators has been 
        terrible'.143 It was argued that if all marlin 
        are cut free then a percentage of them will survive.144 
        Research can be done by using sonic tags to monitor their movement but 
        this is an expensive exercise.145 
      
         
          |  
             Recommendation 11  
            The Joint Standing Committee on Treaties recommends that the 
              Commonwealth Government require all Japanese vessels fishing in 
              the Exclusive Economic Zone to cut free all marlin (alive or dead) 
              without removal from the ocean.  
            | 
        
      
      3.76       TRAFFIC Oceania point out that the 
        subsidiary agreements go beyond Australian policy in fisheries management.146 
        With greater Australianisation, there will be greater reliance on the 
        domestic fleet in relation to conservation issues. The Committee believes 
        that the Government should also consider the same restrictions being placed 
        on Australian vessels. 
      3.77       Further, given the potential of the 
        Australian long-line fishing industry to develop the capacity to utilise 
        the tuna resources in the EEZ, research should be done to find methods 
        to eliminate the bycatch of marlin. These measures could then also be 
        applied to Japanese fishing vessels working in the EEZ. 
      
         
          |  
             Recommendation 12  
            The Joint Standing Committee on Treaties recommends that the 
              Commonwealth Government undertakes a review of the existing 
              tuna fishing technology to determine if modifications could be made 
              to reduce the bycatch of non-target species.  
           | 
        
      
      3.78       Concerns were raised in relation 
        to the limited contribution of the recreational fishing industry to research 
        and good management and contribute to the well being of the industry.147 
        The point was made that recreational fishermen were linked to the charter 
        boat owners which is a commercial industry and the biggest users of marlin.148 
      
           (iii) Tasmania 
      3.79       The Tasmanian Game Fishing Association 
        and Tuna Club of Tasmania support the increase of the exclusion zone to 
        50 nautical miles.149 Most recreational fishers 
        in Tasmania do not go out 25 to 30 nautical miles from a safety point 
        of view.150 However, it was suggested that 
        the charter industry would have the potential to expand if the 50 nautical 
        mile limit was introduced. 
      Mechanism for advice on potential exclusion zones 
      3.80       The Tuna Management Advisory Committees 
        are relevant to the subsidiary agreements because DPIE uses these committees 
        to gain advice on industry needs in terms of restrictions to be placed 
        on the Japanese vessels or exclusion zones and catch limits in some areas. 
      
      3.81       The Committee was told that globally 
        there is a trend towards the inclusion of all user groups in the management 
        of fisheries.151 The recreational fishing 
        sector which has 10 000 members of clubs throughout Australia is now represented 
        on the western and eastern TUNAMAC, but on the southern TUNAMAC the recreational 
        representative has permanent observer status only.152 
        The Game Fishing Association of Australia considers that this disadvantages 
        them because they must contribute to the expense of having a representative 
        present yet their input need not be accepted.153 
      
      3.82       Under the Fisheries Management 
        Act 1991 the maximum number of members of the MACs is nine but AFMA 
        has addressed the problem of having all interested parties by adding observers 
        as corporate members.154 When a position 
        has become available, AFMA has moved to incorporate other groups other 
        than industry as members.155 
      3.83       AFMA considers that the composition 
        of an independent chairman, an AFMA member and seven other members was 
        appropriate to facilitate the necessary skills mix.156 
        A review in the context of possible legislative amendments in 1995 concluded 
        that the status quo was most appropriate.157 
        Further, it was pointed out that on the Western TUNAMAC there were conservation 
        and recreational members and only three industry members.158 
      
      3.84       The Committee is aware that some 
        limitations have already been placed on Japanese fishing vessels in areas 
        utilised by the recreational fishermen and that a number of studies are 
        being conducted to determine the extent to which the long-line vessels 
        are having an impact on the stocks of interest to sports fishermen. The 
        Committee believes that it is appropriate to await the outcomes of this 
        research. 
      Footnotes
      [1] Department of Primary Industries and Energy, Submission 
        No. 33, p. S 175 
      
[2] Young, Transcript, 5 September 1996, p. 78; Chaffey, 
        Transcript, 5 September 1996, p. 151; Rowley, Transcript, 16 September 
        1996, p. 230 
      
[3] Tuna Boat Owners Association of Australia Inc, Submission 
        No. 44, p. S 322 
      
[4] Ibid, p. S 322 
      
[5] Harwood, Transcript, 29 August 1996, p. 15 
      
[6] Jeffriess, Transcript, 27 September 1996, p. 356 
      
[7] Romaro, Transcript, 26 September 1996, p. 308 
      
[8] Pike, Transcript, 27 September 1996, p. 356; Puglisi, 
        Transcript, 27 September 1996, p. 356 
      
[9] Chaffey, Transcript, 5 September 1996, p. 151 
      
[10] Tuna Boat Owners Association of Australia Inc, 
        Submission No. 44, p. S 328 
      
[11] Martin, Transcript, 26 September 1996, p. 330 
      
[12] Harwood, Transcript, 29 August 1996, p. 6-7 
      
[13] Ibid, p. 6 
      
[14] Ibid, p. 15 
      
[15] Caton, Transcript, 29 August 1996, p. 17 
      
[16] Young, Transcript, 5 September 1996, p. 76 
      
[17] Millington, Transcript, 26 September 1996, p. 
        256 
      
[18]Department of Primary Industries and Energy, Supplementary 
        Submission No. 33.1, p. S 408 
      
[19] Pike, Transcript, 27 September 1996, p. 359 
      
[20] Harwood, Transcript, 29 August 1996, p. 18 
      
[21] CSIRO Division of Fisheries, Submission No. 10, 
        p. S 32 
      
[22] Exel, Transcript, 10 October 1996, p. 414 
      
[23] Millington, Transcript, 26 September 1996, p. 
        249 
      
[24] Rowley, Transcript, 16 September 1996, p. 221 
      
[25] Ibid, p. 221 
      
[26] Ibid, p. 221, 226 
      
[27] Ibid, p. 221 
      
[28] Harwood, Transcript, 29 August 1996, p. 20 
      
[29] Marine Agencies of Tasmania, Submission No. 27, 
        p. S 131 
      
[30] Ward P (1996) Japanese Long-lining in Eastern 
        Australian Waters 1962 -1990. Bureau of Resource Sciences, Canberra, p. 
        21 
      
[31] Tuna Boat Owners Association of Australia Inc, 
        Submission No. 44, p. S 323 
      
[32] Ibid, p. S 336 
      
[33] Caton, Transcript, 10 October 1996, p. 415 
      
[34] Exel, Transcript, 10 October 1996, p. 415 
      
[35] Tuna Boat Owners Association of Australia Inc, 
        Submission No. 44, p. S 337 
      
[36] Caton, Transcript, 29 August 1996, p. 17 
      
[37] Jeffriess, Transcript, 27 September 1996, p. 347 
      
[38] Ninth Standing Committee on Tuna and Billfish 
        (1996) Status of Tuna Stocks in the Western and Central Pacific Ocean 
        Working Paper 3, 22-23 July 1996, Noumea, New Caledonia, pp. 13-14 
      
[39] Ibid, p. 14 
      
[40] Rowley, Transcript, 16 September 1996, p. 228 
      
[41] Stagles, Transcript, 26 September 1996, p. 294 
      
[42] Ibid, p. 296 
      
[43] West Australian Game Fishing Association, Submission 
        No. 6, p. S 18 
      
[44] Stagles, Transcript, 26 September 1996, p. 293 
      
[45] Millington, Transcript, 26 September 1996, p. 
        249 
      
[46] Ibid, p. 245 
      
[47] Horton, Transcript, 5 September 1996, p. 145; 
        submission No. 32, p. S 162; Chaffey, Transcript, 5 September 1996, p. 
        146 
      
[48] Chaffey, Transcript, 5 September 1996, p. 150 
      
[49] Ibid, p. 151, 157 
      
[50] Morrison, Transcript, 5 September 1996, p. 142 
      
[51] Green, Transcript, 5 September 1996, p. 155 
      
[52] Chaffey, Transcript, 5 September 1996, p. 150 
      
[53] van den Hoff, Transcript, 5 September 1996, pp. 
        115, 118 
      
[54] Horton, Transcript, 5 September 1996, p. 158 
      
[55] Tasmanian Government, Supplementary Submission 
        No. 39.1, p. S 447 
      
[56] Morgan, Transcript, 5 September 1996, p., 107; 
        Pratt, Transcript, 5 September 1996, p. 124; Morrison, Transcript, 5 September 
        1996, p. 140 
      
[57] Tasmanian Government, Supplementary Submission 
        No. 39.1, p. S 448 
      
[58] Chaffey, Transcript, 5 September 1996, p. 163 
      
[59] Green, Transcript, 5 September 1996, p. 155 
      
[60] Tuna Boat Owners Association of Australia Inc, 
        Submission No. 44, p. S 332 
      
[61] Green, Transcript, 5 September 1996, p. 159 
      
[62] Jeffriess, Transcript, 27 September 1996, p. 357 
      
[63] Chaffey, Transcript, 5 September 1996, p. 165 
      
[64] Exel, Transcript, 10 October 1996, p. 405 
      
[65] Buchanen, Transcript, 5 September 1996, p. 168 
      
[66] Lister, Transcript, 5 September 1996, p. 168 
      
[67] Buchanen, Transcript, 5 September 1996, p. 169 
      
[68] Horton, Transcript, 5 September 1996, p. 160 
      
[69] Pratt, Transcript, 5 September 1996, p. 132; Chaffey, 
        Transcript, 5 September 1996, p. 146; Lister, Transcript, 5 September 
        1996, p. 146 
      
[70] Pratt, Transcript, 5 September 1996, p. 133 
      
[71] Young, Transcript, 5 September 1996, p. 89 
      
[72] Chaffey, Transcript, 5 September 1996, p. 164 
      
[73] Lister, Transcript, 5 September 1996, p. 162; 
        Shelton, Submission No. 19, p. S 95 
      
[74] Kruimink, Transcript, 5 September 1996, p. 177 
      
[75] Exel, Transcript, 10 October 1996, p. 401-402 
      
[76] Chaffey, Transcript, 5 September 1996, p. 164 
      
[77] Green, Transcript, 5 September 1996, p. 144 
      
[78] Green, Transcript, 5 September 1996, p. 144 
      
[79] Green, Transcript, 5 September 1996, p. 147 
      
[80] Chaffey, Transcript, 5 September 1996, p. 156 
      
[81] Lister, Transcript, 5 September 1996, p. 162 
      
[82] Exel, Transcript, 10 October 1996, p. 400 
      
[83] Harwood, Transcript, 10 October 1996, p. 401 
      
[84] Harwood, Transcript, 10 October 1996, p. 404 
      
[85] Premier of Queensland, Submission No. 41, p. S 
        250 
      
[86] Billfish Assessment Group (1996) Synopsis on the 
        Billfish Stocks and 
      
[87] Billfish Assessment Group (1996) Synopsis on the Billfish 
        Stocks and Fisheries within the Eastern AFZ, September 1996, p. 6 
      
[88] Ibid, p. 5 
      
[89] West Australian Game Fishing Association, Submission 
        No. 6, p. S 19 
      
[90] Goadby, Submission No. 7, p. S 24 
      
[91] Ibid, p. S 24 
      
[92] CSIRO Division of Fisheries, Indian Ocean Tuna 
        Commission Inquiry, Submission No. 6, p. S 25 
      
[93] Billfish Assessment Group (1996) Synopsis on the 
        Billfish Stocks and Fisheries within the Eastern AFZ, September 1996, 
        p. 6 
      
[94] Ibid, p. 6 
      
[95] Rowley, Transcript, 16 September 1996, p. 231 
      
[96] Fortuna Fishing Pty Ltd, Submission No. 5, p. 
        S 12 
      
[97] Ibid, p. S 12 
      
[98] Premier of Queensland, Submission No. 41, p. S249 
      
[99] Stone, Transcript, 27 September, p. 367 
      
[100] Tuna Boat Owners Association of Australia Inc, 
        Submission No. 44, p. S 329 
      
[101] Ibid, p. S 329 
      
[102] Premier of Queensland, Submission No. 41, p. 
        S 249 
      
[103] Ibid, p. S 249 
      
[104] Billfish Assessment Group (1996) Synopsis on 
        the Billfish Stocks and Fisheries within the Eastern AFZ, Billfish Assessment 
        Group for Eastern TUNAMAC September 1996, p. 8 
      
[105] Ibid, p. 7 
      
[106] Ibid, p. 8 
      
[107] Ibid, p. 8-9 
      
[108] Australian Marine Sciences Association, Submission 
        No. 37, p. S 222 
      
[109] CSIRO Division of Fisheries, Submission No. 
        10, p. S 31 
      
[110] Premier of Queensland, Submission No. 41, p. 
        S 250 
      
[111] Ibid, p. S 250 
      
[112] Billfish Assessment Group (1996) Synopsis on 
        the Billfish Stocks and Fisheries within the Eastern AFZ, September 1996, 
        p. 8 
      
[113] The Game Fishing Association of Australia, Submission 
        No. 30, p. S 157 
      
[114] Premier of Queensland, Submission No. 41, p. 
        S 250 
      
[115] Ibid, p. S249 
      
[116] Premier of Queensland, Submission No. 41, p. 
        S249 
      
[117] Western Australian Government, Supplementary 
        Submission No. 28.1, p. S 385 
      
[118] Millington, Transcript, 26 September 1996, p. 
        239 
      
[119] Ibid, p. 239 
      
[120] Ibid, p. 238 
      
[121] Ibid, p. 244- 245 
      
[122] Western Australian Government, Supplementary 
        Submission No. 28.1, p. S 386 
      
[123] Millington, Transcript, 26 September 1996, p. 
        237-238 
      
[124] Ibid, p. 246 
      
[125] Western Australian Government, Supplementary 
        Submission No. 28.1, p. S 384 
      
[126] Ibid, p. S 385 
      
[127] West Australian Game Fishing Association, Submission 
        No. 6, p. S 17 
      
[128] Stagles, Transcript, 26 September 1996, p. 294-5 
      
[129] West Australian Recreational & Sportsfishing 
        Council et al, Submission No. 6.1, p. S 257 
      
[130] Ibid, p. S 256 
      
[131] Stone, Transcript, 27 September 1996, p. 368 
      
[132] West Australian Game Fishing Association, Submission 
        No. 6, p. S 20 
      
[133] Stagles, Transcript, 26 September 1996, p. 292 
      
[134] Ibid, p. 295 
      
[135] Ibid, p. 294 
      
[136] Ibid, p. 304 
      
[137] Ibid, p. 302 
      
[138] RECFISH Australia, Submission No. 35, p. S 209; 
        West Australian Game Fishing Association, Submission No. 6, p. S 20 
      
[139] RECFISH Australia, Submission No. 35, p. S 209 
      
[140] Premier of Queensland, Submission No. 41, p. 
        S 251 
      
[141] Premier of Queensland, Submission No. 41, p. 
        S 252; West Australian Recreational & Sportsfishing Council et al, Submission 
        No. 6 1, p. S 258 
      
[142] Premier of Queensland, Submission No. 41, p. 
        S251 
      
[143] Stagles, Transcript, 26 September 1996, p. 295 
      
[144] Ibid, p. 300 
      
[145] Ibid, p. 300 
      
[146] Sant, Transcript, 9 September 1996, p. 183 
      
[147] Puglisi, Transcript, 27 September 1996, p. 353 
      
[148] Valcic, Transcript, 27 September 1996, p. 354 
      
[149] van den Hoff, Transcript, 5 September 1996, 
        p. 112 
      
[150] Ibid, p. 115 
      
[151] Stone, Transcript, 27 September 1996, p. 368 
      
[152] Ibid, p. 369 
      
[153] Ibid, p. 369 
      
[154] Meere, Transcript, 10 October 1996, p. 411 
      
[155] Ibid, p. 412 
      
[156] Ibid, p. 412 
      
[157] Ibid, p. 412 
      
[158] Ibid, p. 413 
      
      
Back to top