FISHERIES ACT 2000 REVIEW CONSULTATION REPORT

Transcription

1 FISHERIES ACT 2000 REVIEW CONSULTATION REPORT

2 Cntents Backgrund... 3 Intrductin... 3 Sectin Cmmunity cnsultatin prcess... 3 EPSDD web page... 3 Yur Say website... 4 Online survey... 4 Cmmunity infrmatin sessins... 4 Other cmmunity engagement and media... 4 Stakehlder meetings... 5 Written submissins... 5 Issues identified... 5 Sectin Cnsultatin respnse summary... 5 Fisheries Management Plan... 5 Management f recreatinal fishing... 6 Cmmercial fishing and cmmercial dealing... 8 Trade in prtected species... 8 Cmpliance and enfrcement... 8 Aquaculture and aquapnics... 9 Cultural fishing practices Cnservatin f native aquatic species and habitat Management f aquatic pests What happens next? Recreatinal fishing and cmpliance and enfrcement Educatin and engagement Cultural fishing Native species prtectin

3 Backgrund The ACT Fisheries Act 2000 (the Act) prvides fr the management f fisheries in the ACT, this includes enabling a sustainable recreatinal fishery, cnserving native fish species and managing cmmercial fish dealing and pest fish species. The Act has nt been reviewed since it was enacted in The review aims t ensure that prvisins, ffences and penalties under the Act are relevant and apprpriate and that the Act cnsiders mdern fisheries management issues including cultural fishing. A discussin paper was develped t infrm public cnsultatin n the Act. The paper utlined issues identified during the review prcess and included questins t the cmmunity n hw they wuld like t see issues dealt with. Cmments received during public cnsultatin are summarised in this reprt. Intrductin This reprt details the utcmes f the public cnsultatin prcess: Sectin 1 details the cnsultatin prcess and Sectin 2 utlines the majr themes and discussin pints raised in respnse t the questins and issues in the discussin paper. Sectin 1 Cmmunity cnsultatin prcess The discussin paper was available thrugh the Envirnment, Planning and Sustainable Develpment Directrate s (EPSDD) website and thrugh the Yur Say website. Public cnsultatin ccurred frm 4 December 2017 until 5 February The cnsultatin prcess was advertised in the Canberra Times and Canberra Weekly and n the EPSDD and ACT Parks and Cnservatin Service (PCS) Facebk pages. Flyers were left at tackle shps and camping stres and were distributed at fishing events. A direct mail ut was undertaken t key stakehlders inviting cmment and ffering a meeting with EPSDD staff. The stakehlders included recreatinal fishing grups, tackle and camping stres, retailers invlved in the sale f aquarium fish and fish fr cnsumptin, and cnservatin grups. EPSDD web page The EPSDD web page prvided infrmatin n the review and access t the discussin paper and relevant fisheries legislatin and infrmatin. 3

4 Yur Say website The Yur Say website prvided infrmatin abut the review and the cnsultatin, including links t the discussin paper, relevant fisheries legislatin and infrmatin, and an nline survey as detailed belw. Online survey The survey asked questins relating t recreatinal fishing in the ACT. These questins were designed t find ut infrmatin abut hw peple fish in the ACT and hw they interact with the current fishing legislatin. The survey cntained eight questins as fllws: Are the current laws wrking? What else d we need t cnsider? What changes wuld yu make t imprve the prvisins abut recreatinal fishing? Hw d we imprve enfrcement f fishing laws? What areas f cmpliance need t be given pririty? What d yu think is the best way fr Gvernment t tell peple abut the rules and encurage cmpliance? Hw can the Act best facilitate cntinued access t recreatinal fishing while sustaining ur native fish ppulatins? Hw can the Fisheries Act best facilitate cultural fishing activity fr Abriginal peple and ther cultural grups? The nline survey received 53 respnses. The main themes raised in the survey respnses are included in the Themes sectin belw. Cmmunity infrmatin sessins Tw cmmunity infrmatin sessins were held during the cnsultatin perid. The first sessin was held at Belcnnen Arts Centre n 11 January Fur peple attended this sessin. The secnd sessin was held at the Tuggeranng Cmmunity Centre n 16 January Eight peple attended this sessin. While the sessins had a fairly lw attendance, attendees largely stayed fr the duratin f the sessin and were eager t discuss recreatinal fisheries management and raised several imprtant issues. Other cmmunity engagement and media Staff attended a fishing cmpetitin at Lake Burley Griffin with abut 30 peple in attendance where they handed ut flyers abut the review and talked t peple infrmally. Flyers and infrmatin 4

5 were prvided t BCF Belcnnen fr a member s infrmatin night and flyers were prvided t several tackle and camping stres fr display and distributin during the cnsultatin perid. The Cnservatr f Flra and Fauna was interviewed n WIN Canberra 6 pm News n 4 December 2017, and als did a radi interview n ABC Canberra n 5 December Radi interviews with tw ther staff members were undertaken n 11 December 2017 and 5 January 2018 n 2CC and ABC Canberra respectively. Stakehlder meetings Stakehlders were invited t meet with ACT Gvernment staff t discuss the review f the Fisheries Act. Meetings were held with a representative f the Canberra District Aquarium Sciety n 15 December 2017 and with members f the Canberra Fisherman s Club and Canberra Anglers Club n 10 January 2018, there were apprximately 20 peple in attendance at this meeting. Written submissins The cmmunity was invited t prvide written submissins in respnse t the discussin paper. Seven written submissins were received. Issues identified The main themes identified during cmmunity cnsultatin are as fllws. These are discussed in further detail in Sectin 2. Cmpliance and enfrcement The imprtance f prviding infrmatin and educatin The intrductin f a licence r registratin scheme fr recreatinal anglers Alignment with NSW fishing rules Access t fishing places The imprtance f cnservatin f species and habitats Turism pprtunities fr fishing Carp fishing and dispsal Trut fishing and stcking Sectin 2 Cnsultatin respnse summary This sectin summarises cmments raised in written submissins and thrugh stakehlder and public meetings and survey respnses as they relate t questins/matters raised in the discussin paper. Fisheries Management Plan Shuld the Act refer t plans and guidelines? Overall, cmments n this questin agreed that an verarching plan r guidelines can be an imprtant tl t supprt legislatin. 5

6 If s, what plans r guidelines need t be given pririty t assist fisheries management? The types f plans r guidelines mst cmmnly identified as imprtant were: a fish habitat management plan including elements such as guidelines fr fish friendly cnstructin and the identificatin f pririty habitat management areas. Plans fr management f particular species shuld be prepared as needed a plan t supprt management f the recreatinal fishery including management f fishing in urban lakes and in creeks and rivers and addressing issues such as educatin n fishing rules, catch and release, fishing cmpetitins, cnservatin etc., supprted by recreatinal fishing clubs plans shuld highlight reginal and crss brder issues and include cmmunity engagement and educatin aspects, where relevant. Management f recreatinal fishing What specific types f fishing gear shuld be prhibited? Respndents agreed with the prhibitin f pera huse traps, including use and pssessin f traps. Mst agreed that a ban n the sale f traps is apprpriate as suitable alternative traps are readily available. Nte this is difficult t d under COAG mutual recgnitin rules. The COAG mutual recgnitin principles were agreed t by the Cuncil f Australian Gvernments in 1992 (access the COAG agreement here). The principles aim t ensure that the sale f gds in a state r territry is nt restricted if the gds can be sld lawfully in anther State r Territry. Is there anything else yu wuld like t say abut fishing gear and penalties? Respndents reprted bserving nn-cmpliance, particularly regarding the use f set lines r t many lines (recreatinal anglers are allwed t use up t tw attended fishing rds r handlines), the use f illegal traps, and catching Murray Cd ut f seasn. Cncern was als raised that fishing rules are nt regularly enfrced and, when they are, penalties fr nn-cmpliance are t weak t act as a deterrent. The intrductin f pssessin limits was supprted but questins were raised n hw they wuld be applied, including: wuld pssessin limits apply t fish n yur persn, in yur vehicle, in yur residence (hw wuld the rules be applied)? hw wuld pssessin limits be applied at camping sites, wuld they be per persn at the site per day? Shuld limits n recreatinal fishing be mre aligned with ther jurisdictins? There was brad supprt fr aligning ACT ffences and penalties and fishing seasns and size and take limits with thse in the NSW Fisheries Management Act 1994 as lng as alignment with NSW fishing laws wuld still prvide adequate prtectin t fish ppulatins in the ACT. D yu think any changes are needed t current limits n fishing in the ACT? Fr example, wuld yu make any changes t size, limits, bag limits, r fishing seasns? 6

7 Mst peple thught the existing limits were adequate, hwever, the need fr greater prtectin fr Murray Cd thrugh nly allwing catch and release fishing was raised. Regular mnitring f native fish ppulatins was seen as imprtant t infrm review f take limits. During cnsultatin several parties expressed the view that: fishing in lakes shuld remain pen year rund with rivers clsed t fishing during trut/cd clsed seasns there is a need t prvide reasnable access t fishing spts, especially n the Ctter River the prliferatin f pest fish species is an issue. Hw d we gain better knwledge n the benefits f recreatinal fishing, including the amunt f fishing activity and the value peple place n fishing? The intrductin f a licencing r registratin system was a ppular respnse t this questin. This was felt t be an effective way t be able t prvide educatin materials and t gain infrmatin n anglers. Respndents als believed the intrductin f a licence fee wuld be a gd way t raise funds t supprt fisheries management and research. Investing in regular surveys f anglers and greater engagement with the recreatinal fishing cmmunity were als raised. Hw culd we increase benefits frm recreatinal fishing while ensuring adequate prtectin f native fish? Respnses t this questin included: supprt the management f recreatinal fisheries thrugh scientific assessments and adequate staff t manage and enfrce the Act. prvide mre infrmatin t anglers t justify decisins that priritise cnservatin ver recreatin, such as prhibiting fishing in certain areas n the decisin t n lnger stck trut. It was felt that this may help t increase cmmunity understanding f such decisins. prvide cmmunity educatin and engagement. This culd be better achieved thrugh supprting cmmunity grups and stakehlders t assist in educatin and fisheries management. prvide educatin fr anglers arund the handling f large fish prir t release fr catch and release fishing (sme respndents reprted seeing dead Murray Cd in lakes that they attributed t incrrect release). native species prtectin and management shuld be priritised, including habitat imprvements fr native species and pest fish management. the prvisin f mre infrmatin at ppular fishing spts wuld help t increase cmpliance with fishing laws, including a fcus n educatin fr certain sectrs f the cmmunity, such as anglers wh are frm nn-english speaking backgrunds. Other Imprved recreatinal fishing pprtunities in the ACT wuld reduce the need fr anglers t travel interstate fr trut fishing. Sme respndents felt that the quality f trut fishing in the ACT had decreased since the decisin t stp stcking trut and that this has affected the ACT s ability t 7

8 prvide high quality and viable recreatinal fishing as is stated in the bjects f the Act. The decisin t nt stck trut was based n the fact that stcked fish did nt have gd survival rates and were nt able t maintain ppulatins in urban lakes. Trut are nt stcked int rivers as fish are nly stcked in rivers fr cnservatin reasns. The prhibitin n fishing in water supply dams was raised in several submissins and cnversatins with stakehlders. They felt that the reasns fr prhibiting fishing in dams (such as ptential intrductin f disease) shuld be mre clearly cmmunicated t the public t aid cmpliance. The ability t use petrl bats n impundments and access t fishing spts such as Ctter Dam and parts f the Ctter River were raised. Respndents als felt that the benefits f recreatinal fishing culd be increased by prmting fishing in the ACT as a turist activity. Cmmercial fishing and cmmercial dealing Hw imprtant is reginal cperatin t address illegal trade in fisheries? Submissins that addressed this questin stated that reginal cperatin is imprtant in addressing illegal trade and that frmal cperatin, such as a memrandum f understanding (MU), between ACT and NSW Fisheries managers may assist in management f illegal fish trade acrss jurisdictins. Shuld penalties fr illegal trade be the same acrss jurisdictins? All respnses agreed that penalties shuld be aligned fr illegal trade, as lng as they were apprpriate fr ACT aquatic species and circumstances. Trade in prtected species Hw can we imprve trade in native fish species, while ensuring adequate prtectin fr them? Few cmments were received relating t this questin, hwever ne in particular raised cncerns that illegal trade, as far as they were aware, had (in the past) been ging n withut any enfrcement actin being taken. Cmpliance and enfrcement Hw d we imprve enfrcement f fishing laws? The mst cmmn view expressed was the need fr dedicated fisheries fficers t better enfrce the legislatin. Cmments prvided fr this questin included: Enfrcement presence Cmpliance and enfrcement f fishing laws is achieved by having at least ne fficer permanently dedicated t fisheries enfrcement in the ACT and thrugh adequate resurcing f cnservatin fficers. Larger penalties are demnstrably less effective than increasing the likelihd f being caught, thus the need fr mre enfrcement. A recreatinal angling licence fee wuld g sme way t funding fisheries fficers. Cmmunity engagement and educatin Partnerships with initiatives such as the Upper Murrumbidgee Demnstratin Reach (UMDR) and recreatinal fishing grups. 8

9 Greater educatin f anglers and the brader cmmunity thrugh an increase in educative material at any stre where peple can buy fishing gear and thrugh increased signage at bat ramps abut allwable gear and ther rules. Recreatinal fishing licence r registratin scheme Licencing f recreatinal fishing was raised in mst submissins and was seen t be a gd way t prvide infrmatin t the angling cmmunity, t prmte accuntability fr actins (i.e. if yu have a licence, yu knw the rules and shuld be adhering t them). It wuld als mean anglers can be made aware f changes t regulatry requirements. Cnsider a licence that is valid in bth NSW and the ACT and/r ask NSW t include infrmatin n ACT recreatin fishing rules t NSW licence hlders with ACT addresses, r t all licence hlders. Ensuring there is a well prmted pathway fr recreatinal fishers t ntify illegal activity as well as staff capacity t enfrce the Act. What areas need t be given pririty? Bradly, educatin and enfrcement were the areas that submissins saw as the highest pririty, this included the need t priritise areas fr enfrcement activities t the mst sensitive fishing ppulatins and t priritise cmmunity educatin and engagement, including publicising rules and prmting the benefits f prtectin f fish t increased fish stcks. The fllwing areas f cncern were specifically identified: illegal fishing activities in the Murrumbidgee River taking f Murray Cd ut f seasn peple exceeding rds-per-persn limits in urban lakes the number f enfrcement fficers ding spt checks needs t be increased. What pprtunities fr enfrcement are ffered by emerging technlgies? Respndents felt that emerging and current technlgies culd be utilised t assist enfrcement f fishing laws thrugh: The ability t text phts f illegal activities t cmpliance fficers r a ht line. there wuld need t be adequate resurcing fr timely fllw-up by authrities fr this t be effective. Imprving access t infrmatin abut regulatins and highlighting enfrcement actins. Prviding infrmatin n gd news stries such as native fish cnservatin effrts (habitat prjects/partnerships etc.) via the web, apps and scial media. An nline registratin platfrm fr recreatinal fishers including their cntact details culd be linked t an autmated cmmunicatin system t prvide fishers with updates, ntificatins re fishing clsures etc. Aquaculture and aquapnics Hw shuld small scale aquaculture and aquapnics be regulated? 9

10 The few respndents t this questin cnsidered that licensing shuld be required fr larger scale activities, and fr sme species, particularly, thse that pse bisecurity risks r if the extent f these activities in the ACT increases. What are yur views abut licencing f aquaculture and aquapnics? The key issues raised were: Risks t water quality frm waste water r accidental leakage. The nutrient lads are cnsiderable. Ptential escape f invasive aquatic species. Ptential release f pathgens t lcal native aquatic ppulatins. Cultural fishing practices Hw d we better understand the cultural values Abriginal peple have in relatin t fish and fishing practices, such as the imprtance f native fish r places, fishing methds, and purpse? Submissins agreed that cnsultatin with the Abriginal cmmunity was key t understanding values. Hw d we best take int accunt Abriginal cultural values in fisheries management? Submissins agreed that Abriginal values need t be recgnised, but that native fish ppulatins still need t be prtected. Hw can fisheries legislatin best facilitate and manage the practice f Karma release s it can ccur in an envirnmentally respnsible way? Respndents identified educatin, cnsultatin and guidance fr the ACT s Buddhist cmmunity regarding apprpriate species and release sites is needed. Educatin fr retailers n apprpriate steps t take if peple cme t them asking t purchase fish fr Karma release wuld help facilitate the practice in a respnsible way. Cnsideratin f a cntained water bdy (pnd etc.) designed t accmmdate Karma release culd be investigated t see if this culd meet the cmmunity s needs. Submissins agreed that, utside f educatin and engagement activities, penalties fr nncmpliance were als imprtant. What are yur views n the draft guidelines? Submissins nted that the draft Karma release guidelines were apprpriate. Cnservatin f native aquatic species and habitat D yu think the fllwing areas shuld be cvered under the Fisheries Act? 1. Guidelines fr maintenance f fish passage (culd infrm waterway wrks licences under the Water Resurces Act). 2. Declaratin f areas f imprtant habitat within public waters. 3. Temprary clsure f areas therwise pen t fishing t prtect fish species in emergency situatins. 4. Submissins were supprtive f all suggested inclusins. 10

11 5. What ther gaps, if any, need t be addressed? Other suggestins included that we implement habitat imprvement prgrams t enhance fishery characteristics in suitable ACT waters (such as lakes and dams) and that bigger fish be included in stcking (nt just fingerlings) t reduce mrtality frm redfin. When shuld a licence be required fr cllectin f aquatic invertebrates? One submissin raised cncerns abut the cllectin f native cray fish and whether the requirement fr a licence wuld prvide them greater prtectin. Management f aquatic pests D yu think the fllwing wuld imprve ur ability t manage the threat f aquatic pests? 1. Ensuring caught fish that are identified as pests under legislatin are nt released back int the water. Penalties wuld apply. 2. Ensuring pest species can nly be kept under licence, which culd prvide fr research, educatin and zlgical cllectins. Submissins and stakehlder cnsultatin were largely supprtive f this prpsal, hwever, indicated that infrastructure fr dispsal and educatin abut humane dispsal needs t be prvided if peple are t be prhibited r discuraged frm returning pest fish t the water. Sme peple may nt be cmfrtable dispsing f pest species and making this mandatry may discurage fishing as a scial activity amng certain sectrs f the cmmunity. Licencing requirements fr keeping aquatic pest species was supprted. What ther issues relating t aquatic pest species need t be addressed thrugh legislatin? Submissins raised the fllwing issues and ideas related t pest fish management: Fishing fr Carp is a turist activity. Further incentive culd be prvided fr peple t fish fr Carp as a sprt fish t assist with remval (nte this wuld be cntingent n any ptential release f the Carp herpes virus). Cnsultatin with the cmmunity n hw they can assist with reducing Carp numbers r with clean-up f Carp if the Carp herpes virus is released. Prviding infrastructure, such as Carp bins, particularly at lakes, will encurage peple t dispse f carp when caught. Prviding infrmatin n humane dispsal f Carp wuld als assist anglers. The imprtance f cmmunity educatin and engagement, particularly regarding suitable aquarium fish and likely pest species shuld be made available. 11

12 What happens next? The key issues that we aim t address are utlined belw. Recreatinal fishing and cmpliance and enfrcement The prvisins relating t recreatinal fishing are cnsidered t be apprpriate apart frm sme minr changes t definitins and t prvisins relating t ffences, penalties and pwers f authrised fficers. Sme legislative changes are prpsed in rder t assist with and imprve cmpliance and enfrcement and t bring ACT prvisins in line with NSW where apprpriate. Changes will als invlve updating cmmercial fishing and dealing prvisins t imprve cmpliance and t align with ther jurisdictins, in particular, NSW and Victria. Educatin and engagement The cmmunity identified a need fr further educatin and engagement, particularly arund recreatinal fishing. This included the need t better infrm the cmmunity f the reasns behind fishing prhibitins, in rder t imprve understanding and cmpliance. Educatin and engagement activities may be identified and enacted as part f a fisheries management plan. Cultural Fishing Prvisin will be made in the Act t allw fr Abriginal cultural fishing activities, and t allw fr ther activities fr certain sectrs f the cmmunity when undertaken in a sustainable manner. Native species prtectin Prpsed amendments will supprt greater prtectin f native fish ppulatins and habitat thrugh allwing the recgnitin f imprtant areas fr native species and affrding them greater prtectin if required. The key issues identified during the review will be addressed bth thrugh legislative amendments and thrugh cmmunicatin activities and prgrams as resurces allw. Additinal stakehlder engagement with key cmmunity stakehlders including recreatinal fishing clubs and businesses impacted by any legislative changes will ccur n draft amendments nce they have been apprved by gvernment. 12