Blue Mud Bay Update
Below is the latest update on the High Court’s decision on Blue Mud Bay.
THE HIGH COURT’S DECISION IN THE BLUE MUD BAY CASE: A SUMMARY
Draft Outcomes of Meeting Nov 2008
Read below or download here Nov 2 – Issues Paper Meeting Minutes
Fishing Tour Operator Meeting at the Travel Lodge Mirambeena Resort Darwin
2 November 2008, 9.00pm
Draft Outcomes of Meeting
Fisheries and other NTG attendees
Heather Brayford – Executive Director Fisheries
Ian Curnow – Director Aquatic Resources
Steve Sly – Manager, Aquatic Resource Management
Phil Hall – Aquatic Resource Manager
Rachael Davies – Aquatic Resource Management Officer
Kane Dysart – Technical Officer (Rec Fishing)
Alex Ray (DPI) –
Srishailam (Sri) Srinivas (DPI) –
Sharon Johnson (Tourism NT) – Industry Standards and Accreditation Manager
NTGFIA representative attendees
Rob Marchant – Chairman of the Northern Territory Guided Fishing Industry Association (NTGFIA)
Graeme Williams – Vice Chairman of the NTGFIA
Lloyd Browne – Executive Officer of the NTGFIA
FTO attendees
John Maher
Russel J Trimble
Ken McNaught
Tom Kontis
Tony (Barney) Berrill
Viv Thistlethwaite
Mark Parkinson
Wayne Bishop
Bob Morris
Allan Beale
Tony Lebrun
Matt Holmes
Stephen Compain
Micky Qaiser
Mike Jones
Kurt Ostwald
Mark Sedman
Jim Bancroft
Chris Jones
Greg Trouchet
Michael Politis
Scott Bradshaw
Opening
Ian Curnow welcomed all attendees and introduced government and NTGFIA representatives, noting that the meeting’s purpose was to establish agreement on the content of the draft issues paper and questionnaire before they are released for public comment.
The presentation was delivered by Phil Hall, Steve Sly, Lloyd Browne and Rob Marchant.
The following outlines the key points raised during discussions.
SAFETY – Presented by Phil Hall
VESSEL OPERATOR QUALIFICATIONS AND VESSEL SEAWORTHINESS
Points Raised
• The paper proposes dingy hire and drive standards and a restricted coxswain certificate as minimum qualifications for operators of vessels under five metres.
• Restricted coxswain certificate may be more appropriate than “deckhand qualification” as the latter does not attract a certificate of competency.
• Many FTOs have boats less than 5 metres and they do not currently need a coxswain certificate or vessel survey.
• The proposals in the paper will help elevate industry standards.
• Disparity of carrying capacities between unsurveyed vessels under 5 metres and hire and drive dinghies under 5 metres. Hire and drive dinghies can carry 5 people including driver.
• Explained dingy hire and drive requirements and suggested the possibility of a phase in period if introduced.
• The majority of FTOs present supported the idea of an inshore coxswain’s certificate when asked the question by the Chair of the NTGFIA.
Question 1
Should all FTOs who operate a vessel possess a vessels operator’s qualification? If so, do you think an Inshore Coxswains Certificate of Competency is an appropriate minimum standard, or some other qualification?
Question 2
Should all FTO vessels be required to meet prescribed standards? Do you think hire and drive dingy standards are appropriate for unsurveyed vessels less than five metres?
It was agreed that these questions should remain in the draft paper for public comment.
INSURANCE
Points Raised
• $5 million is inadequate. More over-arching insurance is required which covers mother ships and tenders.
• All aspects of FTO operations need to be insured.
• Because of the range and complexity of the various types of Insurance cover available to FTOs it was recommended that independent advice be obtained from an Insurance industry expert. Insurance expert could advise best FTO insurance option.
• Include definition of broad form insurance in paper.
• There was some general consensus that insurance cover should be increased. It is the NTGFIA’s position that the minimum insurance cover be raised to $10 million
• The majority of FTOs present supported the idea of broad form insurance when asked the question by the Chair of the NTGFIA.
Question 3
Should the current $5 million minimum FTO insurance requirement be increased to $10 million?
Question 4
Should broad form insurance policies be introduced as a minimum standard FTO licence condition?
It was agreed that these questions should remain in the draft paper for public comment.
IDENTIFYING UNLICENSED FTOS
Points Raised
• Point was raised that surveyed FTO vessels may not be used for private recreation.
• Recommended NSW requirements to display safe work method statement on vessel and brief crew and passengers at the start of the voyage.
• It was also noted that this requirement already applies to all NT businesses.
• It was raised that as of the 1 October 2009, every commercial vessel will require a safety management system.
• The majority of FTOs present supported the idea of vessels being identified when asked the question by the Chair of the NTGFIA.
Question 5
Should all FTO vessels be made readily identifiable while on commercial tours?
Question 6
If you answered yes to Question 5 above, what method of vessel marking do you consider most appropriate?
It was agreed that these questions should remain in the draft paper for public comment.
FIT AND PROPER PERSON CHECKS FOR FTOS
Points Raised
• Supported text in paper regarding legislative powers to refuse the issue or renewal of FTO licences, pending a line of appeal to enable questioning of decisions.
• It was noted that the Fisheries Act already provides for a review process, for decisions made in respect of grant or renewal or licences.
• It was noted that Codes of Conduct signed by constituents can be legally binding.
Question 7
Should all FTOs be subject to background checks to assess their suitability to conduct commercial tours?
Question 8
Should there be clear legislative powers to refuse the issue or renewal of FTO licences if the applicant has breached the Fisheries Act?
Question 9
Should compliance with the NTGFIA’s Code of Conduct be a consideration when deciding the issue or renewal of FTO licences?
It was agreed that these questions should remain in the draft paper for public comment.
MANAGEMENT – Presented by Steve Sly
SPECIAL CATCH CONTROLS FOR FTOS
Points Raised
• The idea of a trip limit and that industry should demonstrate sustainability initiatives by supporting reduced limits, noting existing self imposed limits by many FTOs.
• Government should introduce lower limits and advise FTOs.
• A tiered possession limit should be considered for FTOs based on trip duration
• A question was raised regarding the dissection of fillets especially on extended trips. It was advised that fishers can dissect fillets but must remember each piece is deemed as a whole fillet and equal to half a fish so stay within possession limits.
• Consider the idea of a fillet weight limit as in Western Australia.
Question 10
Should FTO client catch limits be different from those that apply to general recreational fishers?
It was agreed that this question should remain in the draft paper for public comment, and that another question querying a possible tiered possession limit for clients on 2-3 day trips or trips of a week or more including the concept of a kilo weight of fillets should also be included.
MONITORING CATCH AND ACTIVITY THROUGH LOG RETURNS
Question 11
Should FTOs be required to complete client/catch records before any of their clients disembark their vessel or fishing platform?
It was noted that most FTOs did not support such a requirement.
Question 12
Should the grid squares used for daily log recording be reduced to represent smaller areas of 10 to 15 square nautical miles to enhance reporting accuracy of fishing areas?
Some general acknowledgement that the current grid reporting system is too large for some information purposes.
It was agreed that this question should remain in the draft paper for comment.
Question 13 (for FTOs only)
Would you be prepared to voluntarily submit GPS positions for areas fished in your future log returns?
Most FTOs did not support providing this level of information on fishing activity
Question 14
Should FTO log return sheets be amended so that records of fish caught and released can be linked to the origin of their respective clients?
It was agreed that this question would be deleted.
Question 15 (for FTOs only)
Would you be prepared to voluntarily record lengths of significant species in addition to your normal log reporting responsibilities?
It was agreed that this question would remain in the draft paper for public comment.
ESTABLISHMENT OF ENTRY/CAREER PATH FOR SCHOOL LEAVERS- Presented by Rob Marchant
Question 16
Do you see benefit in establishing a training/apprenticeship program to foster entry and help people pursue careers in the guided fishing industry?
There was general support for this proposal from the floor.
It was agreed that this question would remain in the draft paper for public comment.
LICENSING – Presented by Steve Sly
LICENSING ARRANGEMENTS FOR SHORT TERM OPERATORS
Points Raised
• It was agreed that the paper would be amended to state circumstances where use of a short term operator may apply other than in the event of sickness.
NTGFIA PROPOSAL FOR BUSINESS BASED LICENCE – Presented by Lloyd Browne
Points Raised
• FTOs should be able to operate a mother ship and dories under one licence with a separate fee structure. It was suggested that up to three tender vessels should be allowed to operate in addition to a mother ship under one licence through a tiered fee structure.
There was general support from the floor for the introduction of a business based licence
Question 17
Should a business based FTO licence framework be introduced that allows a principal licence holder to employ multiple operators under his/her licence, and what would be the advantages or disadvantages of such a scheme?
Question 18
If you answered yes to Question 17 above, how many operators should be allowed to conduct tours under each licence?
It was agreed that these questions would remain in the draft paper for public comment.
FTO licence numbers, licence limitation and transfer – Presented by Steve Sly
Points Raised
• It was noted that the Northern Land Council will be looking at limiting FTOs operating on Aboriginal land under Section 19 of the Aboriginal Land Rights Act.
• Point raised that area specific licence limitation would be good for the industry.
• Point raised that not all supported regionalising FTO activity.
FTO attendees unanimously supported the introduction of licence limitation.
FTO attendees were divided on the issue of area limitation with one licencee firmly opposed it.
Question 19
Do you think the number of FTO licences issued in the NT should be limited and why?
Question 20
Should FTO numbers be limited in specific areas? If so, in which areas?
It was agreed that these questions would remain in the draft paper for public comment.
NTGFIA PROPOSAL FOR FTO LEVY – Presented by Rob Marchant
Points Raised
• More services should be provided by the NTGFIA, such as seafood handling courses.
There was general agreement on this issue with further discussion deferred until the Association’s AGM
Question 21
Should all licensed FTOs be required to pay a levy to help fund the NTGFIA’s business costs?
It was agreed that these questions should remain in the draft paper for public comment.
Other Matters
• It was queried whether current FTOs access provisions remain on tidal waters overlying aboriginal land following the Blue Mud Bay court ruling.
• It was advised that the current temporary fishing licence/permit granted by the Land Council remains for a minimum of 12 months until long term access agreements are negotiated. The temporary arrangements provide permission for FTOs and their clients to enter tidal waters overlying Aboriginal land for fishing tour purposes.
Rob Marchant provided a paper to be included in the minutes. See Attachment 1.
The meeting finished at 12.30pm.
COASTAL LINE FISHERY MANAGEMENT ADVISORY COMMITTEE
COASTAL LINE FISHERY MANAGEMENT ADVISORY COMMITTEE
Postal address
GPO Box 3000
Darwin NT 0801
Tel 0889992144
Fax 08 8999 2065
COMMUNIQUE
A meeting of the Coastal Line Fishery Management Advisory Committee (CLFMAC) was held in Darwin on 20 August 2008. Key issues of discussion and matters arising are set out below for information.
1. Status of the fishery
The jewfish catch for the commercial sector of the Coastal Line fishery in 2007 was reported as -181 t, forming almost 85% of the total commercial catch. Harvest from this sector has decreased since 2004, thought to be due to a drop in market demand.
Catch of jewfish from the Fishing Tour Operator (FTO) sector in 2007 was estimated at -34 t. Significant increases in licence activity and reef fishing hours has been observed over the last decade.
The catch of jewfish from the wider recreational sector was last estimated in 2000/2001 at -214 t. It is possible that the current recreational harvest of jewfish may now well surpass this figure, given the increases in the NT population, enhanced access and improvements in fishing technology.
The bulk of the catch in the fishery by all three sectors, and the most popular and frequently utilised locations for jewfish fishing are all in a relatively small area within a -150 km radius of Darwin. Increased fishing activity in this zone, particularly on jewfish, has the potential to cause localised depletion of stocks. Concerns were expressed that fisheries for black jewfish in India and elsewhere in Australia had not been sustained once heavy fishing pressure had been applied.
A stock assessment for jewfish populations in the Darwin zone has not yet been possible because the standard catch and effort based assessments were unreliable due to the aggregating behaviour of jewfish. This lack of a reliable stock assessment and the history of fishing impacts on jewfish supported adopting a precautionary approach to management of the Coastal Line fishery stocks in the Darwin zone .
1 . In considering the above information, the CLFMAC raised specific concerns about the impact of fishing on the most accessible jewfish aggregation areas, the catches of jewfish by commercial fisheries other than the Coastal Line fishery, the potential for reintroduction of traps in the Coastal Line fishery and the need for better information on golden snapper stocks that are a major target for the recreational sectors.
2. Future Management
Resource sustainabilitv
The CLFMAC acknowledged that the Coastal Line fishery is very much a multi-sector fishery. The stocks of jewfish and golden snapper within about 150 km of the Darwin region are relatively vulnerable to overfishing and localised depletion because of the multi-sector nature of the fishery. Jewfish, in particular, are also vulnerable because of the way in which they aggregate in a number of discrete areas. Because of this behaviour there will be little advance warning from the catch rate data that an aggregation is in decline and likely to be overfished.
The CLFMAC noted that jewfish and golden snapper, being the two dominant species in the fishery, should be used as the primary indicator species for fishery management purposes, although the lack of information on the golden snapper stocks was of concern.
Effort Control
The CLFMAC agreed that there was a need to rationalise the gear entitlements currently permitted in the commercial fishery to minimise potential problems from latent effort. There was general agreement that trapping was a significant issue for the future of the fishery as a whole. It was also accepted that some rationalisation of the number of droplines and/or hooks permitted would be useful to reduce the risk of over-fishing and localised depletion.
Commercial members agreed to seek wider industry input on the matter and report back to the next meeting on what industry believes would be a reasonable and practical complement of gear for each licensed boat in the fishery, particularly in the high use fishing areas around Darwin.
Transferabilitv of commercial licences
The CLFMAC discussed this issue, noting previous Government commitments to make all licences in the fishery fully transferable once licence numbers reached 65. The CLFMAC also noted the potential for latent effort to be activated. If this occurred in the Darwin zone, it could threaten the sustainability of fish stocks in key fishing areas.
The CLFMAC agreed that future management should focus on keeping the catch by all sectors at a sustainable level, and that the effort reduction to
2. Achieve this would be best addressed once further information on the overall take by all sectors, including other commercial fisheries, is available.
Recreational possession limits
The CLFMAC strongly supported the more conservative approach proposed by the Amateur Fishermen’s Association of the NT to further reduce the personal possession limit from five jewfish to two. The issue of future boat limits was also discussed and will be considered further by the CLFMAC.
Stakeholder interaction
The CLFMAC noted that there are several fishing areas including Charles Point and Channel Point, where jewfish stocks aggregate and competition between the sectors is increasing. A range of possible management measures were discussed to reduce this negative interaction including closures to all sectors in some heavily fished locations, and the use of weekend closures to commercial fishing in some specific areas very close to Darwin (Charles Point).
The CLFMAC requested that the Department of Regional Development, Primary Industry, Fisheries and Resources (RDPIFR) develop a research proposal to outline how a possible closure could be assessed and monitored, for the next meeting of the CLFMAC. Commercial representatives also agreed to canvass the weekend closure concept for Charles Point with licensees and report back at the next meeting.
Development potential
The CLFMAC members acknowledged that there may be some potential for development of the fishery, but agreed that it should only be considered in areas outside of the current heavily fished Darwin zone.
Members also noted that should infrastructure in remote areas be improved, possibly as a result of the Blue Mud Bay decision, then an expanded commercial sector may be suitable for providing indigenous economic development opportunities in the outer areas of the NT.
3. Future Research
The CLFMAC was advised of potential future research projects for the fishery including a fin-based size monitoring program for jewfish, and a study of age, growth, reproduction and the effects of barotrauma on golden snapper.
The CLFMAC discussed opportunities to enhance the information available on the fishery and to improve the ability of researchers to assess the status of the stocks. It was suggested that the wealth of anecdotal information held by expert fishers, both commercial and recreational, could be used to validate and enhance the historical database and that fishermen could be encouraged to provide additional biological and spatial data on catches. RDPIFR agreed
3. To examine these possibilities including enhanced recording of data in the existing commercial log books and report back to the next meeting on the potential for improvements.
4. Development of a Coastal Line Fishery Management Plan
The CLFMAC supported a proposal for development of a formal management plan to support the future management of the fishery. This was considered a long-term objective and it was agreed the first step would be to develop a strategic vision for the fishery incorporating the needs of all stakeholder groups. RDPIFR agreed to provide a skeleton outline including key elements likely to be needed in a management plan for a multi-sector fishery, for discussion at the next meeting of the CLFMAC.
The actions and recommendations arising from the meeting have been provided to the Executive Director of Fisheries for consideration.
Dr Jim Penn Chair, CLFMAC
fa October 2008
AGM & Fisheries Meeting 2 Nov 2008
Dear Member
You should by now have receivied an invitation from NT Fisheries to attend a general meeting of all licensed Fishing Tour Operators to be held at the Mirambeena Resort on Sunday November 2, 2008.
The meeting is a joint undertaking of the NT Fisheries Group and the NTGFIA, and has been convened to discuss a range of issues relating to fishing tourism in the NT and how those issues can be addressed and incorporated in an FTO Fisheries Management Plan.
The NTGFIA’s 2008 Annual General meeting will be hald at the same venue and will commence at approximately 2 PM, following the close of the Joint Meeting and lunch, which will be provided free of charge to all attendees. In addition to normal Association business (Election of Committee etc) the AGM will focus on the outcomes of the preceeding joint meeting and their implications for the proposed FTO Fishery Management Plan.
The agenda for the Joint Fisheries/NTGFIA Meeting has not yet been finalized but will include the following items
Introduction of a Multi Tier Business Licence
An FTO Levy to independently fund Association activities.
The FTO Industry as a Career: Apprentices, School Leavers.
Assistant Fishermen
Licence Limitation, Temporary Transfer of Licences
Area Limitations: Darwin Bynoe harbours. Mary River
Nominations Policy
Code of Conduct: Linkage to Fisheries Act and Conditions of Licence Renewal
Computerization of Fishing Returns and the redesign of the current return form
Boat Registration
This is a critical meeting which will set the regulatory environment for the Guided Fishing Industry well into the future. It is thus important that you attend and voice your opinions on the various agenda items. A copy of the Association’s original submission to Government on an FTO Fishery Management Plan is attached.
It would facilitate the conduct of the Association’s AGM if you could renew your membership prior to the date of these meetings. To this end I have attached a copy of our Membership Renewal form.
If you wish to nominate for the NTGFIA Committee please contact the Executive Officer at the above email address or on 8985 2981.
Other Matters of Concern
Progress updates on other matters of concern to the Association are as follows:
1. Blue Mud Bay: The recent High Court decision has given control of ACCESS to the inter-tidal zone off Aboriginal land (by both land and sea) to Aboriginal traditional owners but has reaffirmed the applicability of the NT Fisheries Act in those areas. Government is still working through its options as to how this intertidal zone will be managed. The most likely outcome is that there will be but one set of regulations applicable to this area and that separate permits or authorisations will not be required. This may involve the creation of an area restriction mechanism within the Fisheries Act which would apply to all non-indigenous effort in specified areas of the intertidal zone off Aboriginal land.. Area limitation for the FTO Fishery is on the agenda for the Joint Meeeting.
2. NT Marine Protected Areas (MPAs): The Advisory Committe has completed its deliberations and has been disbanded. The next step in the process is the public comment phase. As with the review of the Fisheries Act the public will be invited to comment on the Advisory Committee’s recommendations prior to the drafting of appropriate legislation. No date has been set for the public comment phase but it is expected to commence within the next six months. The resultant legislation will relate only to NT waters.
The Commonwealth will also be establishing MPAs in waters under its jurisdiction. As part of this process DEWHA (Commonwealth Dept of the Environment, Water, Heritage and the Arts) is currently attempting to assess Rec Fishing effort – including FTO effort – in northern waters. Some of you may have already been approached by River Consulting the firm DEWHA has hired to undertake the study. The Rudd Government seems more committed to stakeholder consultation than its predecessor, but it is still early days.
3. Fisheries Management Advisory Committees (MACs):
The Association is represented on the following MACs: Timor Reef Fishery, Barramundi Fishery, Spanish Mackerel Fishery, the Mud Crab Fishery, and the Coastal Line Fishery,
The most significant development in all these fisherie is the proposed introduction of Resource Sector Shares – ie the allocation to user groups or sectors (Commercial, Recreational, FTO, and Indigenous) of finite catch limits, which will then be allocated to individual licencees on either a catch history basis or by equal shares. Individual allocations are still several years away but a tentative resource allocation has already been made to sectors (including FTOs) in the Spanish Mackerel Fishery. The proposed introduction of sector shares is a powerful arguement for the introduction of Licence Limitation into the FTO Fishery and for increased restrictions on Recreational Fishing.
4. Marine Safety
There is an increasing need to find ways to make Marine Safety regulations more commercially oriented. One such case which is currently under review is the requirement to provide a second Master 5 on voyages exceeding 12 hours.
Another equally pressing case is the need to expand the current schedule of Gazetted Sheltered Waters (Smooth and Partially Smooth Waters) to include the areas currently and regularly fished by FTOs. Such areas need to be identified and a formal request for their inclusion as Sheltered Waters needs to be made to the Marine Safety Branch. The Association is aware of a number of such areas in Chambers Bay and Fog Bay, and the Perons but needs feedback from members before it can make a formal submission.
I look forward to seeing you at the November 2 meeting.
Robert Marchant
Chairman
NTGFIA
Australian Maritime Safety Authority – Meetings
Australian Maritime Safety Authority (AMSA) has confirmed they will be in Darwin on 7/10/2008 to hold consultations with stakeholders in NT.
Appreciate you forward this message with the attachments’ to your stakeholders, to enable them to prepare for the meeting.
The exact venue and time will be intimated through NT news.
Stakeholders may also send their comments by email to the address specified in the attachments’.
Mud Crab Advisory Committee – Latest Meeting
The NTGFIA is now represented on the MUD CRAB FISHERY MANAGEMENT ADVISORY COMMITTEE. The following is a summary of the proceedings of the latest meeting.
The 15th meeting of the Mud Crab Fishery Management Advisory Committee (MCFMAC) was held in Darwin on 1-2 May 2008. Key issues of discussion and matters arising are set out below for information.
1. Stock assessment & 2007 catch summary
The stock assessment undertaken in 2007 by the South Australian Research and Development Institute showed that the fishery was overfished in 2004 and that changes to the management arrangements were needed. Whilst the increase in minimum legal size (MLS) of 10mm was an appropriate response at the time, insufficient time has elapsed to assess the effectiveness of the size limit changes. Based on new information provided for 2007, it appears the stock may be beginning to recover. However, it is not clear that current management arrangements are adequate to ensure long term sustainability.
The stock assessment report indicates that there is a lack of critical information on age, growth, mortality and reproductive ecology which limits stock assessment of the fishery using classical approaches. The report suggests that establishing fishery independent surveys may be a cost¬effective way of reducing the urgency of the need to collect this information, which will be expensive to gather. The report also notes that environmental factors strongly influence levels of recruitment.
The MCFMAC agreed there is a need to establish a new framework for management and assessment of the fishery (ie. a harvest strategy), which includes setting clear objectives for management. In addition, the MCFMAC agreed that a system for fishery independent surveys should be considered.
2. DEWHA recommendations on the ecologically sustainable management of the NT Mud Crab Fishery
The MCFMAC discussed the range of recommendations agreed to by the Department of Primary Industry, Fisheries and Mines (DPIFM) for the management of the mud crab fishery to ensure the continuation of sound management practices. Whilst acknowledging that the fishery has been granted a further five year exemption from the export regulations of the EPBC Act, effective from September 2007, the MCFMAC agreed that DPIFM give priority to implementing the eight recommendations set by the Federal Minister, and in particular, those with a nominated timeframe for completion.
3. Future management/research
Carapace width
The MCFMAC considered the appropriateness of the current minimum size limits of commercially harvested mud crabs. It was agreed by the MCFMAC that it would recommend the current size limits should remain and that the general issue of size limits be regarded as part of the ongoing consideration of management for the fishery, including development of a harvest strategy.
Recreational effort controls
The MCFMAC considered the current fishing controls for the recreational sector, taking into account the background to the decision by the Government in March 2006 to increase the minimum size limit of commercially harvested mud crabs by 10 mm and the views of MCFMAC members in relation to the possible application of a fishery-wide size limit. While a standard size limit was supported in principle, the MCFMAC considered that the effect on the fishery as a whole is minimal due to the low harvest of the recreational sector and differences in the geographic distribution of effort between the commercial and recreational sectors.
The MCFMAC considered a number of other options including recreational possession limits, gear usage and the take of berried female crabs, but made no recommendations for change at this time.
Trigger points. decision rules. timeframes
The MCFMAC agreed there was a need to establish a framework for future management arrangements culminating in a harvest strategy and incorporating trigger points, decision rules and timeframes.
The MCFMAC developed a framework to be used as a foundation in establishing a harvest strategy for the fishery.
The MCFMAC agreed to report progress on the harvest strategy to the Executive Director and agreed that a small group under the auspices of the MCFMAC would further develop the concept by the end of September, for presentation at the next meeting of the MCFMAC.
Research
The MCFMAC was advised of progress with a durometer trial, a Passive Integrated Transponder (PIT) tagging trial, and a pilot scale Vessel Monitoring System (VMS) trial.
In relation to the pilot scale VMS trial, there was general support for the concept. However there needs to be further assessment undertaken, in particular to determine if there are appropriate resources available to analyse the considerable amount of data that will be generated. A report will be provided to the next meeting of the MCFMAC setting out advantages and disadvantages of the equipment and the practicalities of using it in the fishery, incorporating legal issues.
4. Future compliance
The MCFMAC supported a review of the current arrangements to allow licence unitisation of effort, recognising that a number of factors needed to be properly addressed.
The MCFMAC agreed on DPIFM setting up a small working group comprising DPIFM, industry and the Police Marine and Fisheries Enforcement Section to firstly ensure unitisation can be applied to lessees/nominees (ie. to develop a framework for unitisation), and secondly, to deal with the permanent transfer of units. The MCFMAC agreed this matter be progressed as a priority issue and that the working group provide a recommendation to the MCFMAC out of session for consideration as soon as possible.
The actions and recommendations arising from the meeting have been provided to the Executive Director of Fisheries for consideration .
Letter from Chairman
Dear FTO,
If you are not already an Association member I urge you to join as soon as possible. We need as many members as possible to ensure our concerns are acted upon by Government. The more we have the more clout we have at the conference table. Ring our Executive Officer, Lloyd Browne, on 8985 2981 or email him at inkwell@optusnet.com.au for more details.
If you attended our recent Annual General Meeting you will know that the NT Guided Fishing Industry is facing a very challenging 12 months. The main issues confronting us include:
• the recent Commonwealth Intervention on Aboriginal Reserves and the associated restrictions on alcohol;
• the Blue Mud Bay decision which granted ownership of the intertidal zone to Aboriginal traditional owners;
• the formulation of guidelines for the declaration of Marine Protected Areas in NT waters;
• the implementation of a Management Plan for the FTO Fishery.
These are all issues in which the Association has been pro-actively involved over the past 12 months. Our Executive Officer Lloyd Browne has represented and safeguarded your interests in these areas at a series of meetings convened to advise Government on the implementation of appropriate policy guidelines and/or to rectify deficiencies in existing administrative procedures. I have also attended a number of these meetings and intend to continue doing so as often as my business commitments will permit.
The Rudd Labor Government has expressed its intention to amend the Commonwealth Intervention on Aboriginal Reserves but to what extent is not yet clear. Labor in opposition backed the intervention but as alcohol is a major factor in child abuse and neglect, it is hard to see any major change to the Howard Liberal regime. Recent press announcements tend to confirm this view.
The Blue Mud Bay decision is currently under appeal before the High Court. Over the past year, the NTGFIA has met with representatives of all sectors of the NT fishing industry – both commercial and recreational – with a view to drafting non-exclusive strategies for accessing and utilizing the intertidal zone in the event that the appeal is dismissed. These meetings have been sponsored by the Northern Land Council and to date have been very positive and productive. Should Aboriginal ownership of these waters be confirmed, an entirely new fisheries management approach will be needed to fairly and equitably integrate the various user groups. A decision on the appeal is expected early in 2008. Meanwhile the Association will continue to negotiate with the various user groups on your behalf.
The implementation of Marine Protected Areas in other parts of Australia has had serious ramifications for both commercial and recreational fishers. Based on input from all NT affected sectors, the MPA Working Group is drafting guidelines under which such areas can be declared in NT waters with minimal disruption. It is my understanding that the public consultation phase in respect of the draft guidelines will commence in mid-2008.
Given the NT Government’s pre-election promises and the work which has already been done on the proposed Bynoe Harbour Marine Park it is possible that this will be one of the first areas which will be declared under NT MPA guidelines once they have been formalized.
At my request, representatives of the NT Fisheries Division attended our recent AGM (October 31) specifically to provide members with feedback on the Association’s FTO Fishery Management Plan lodged with the Department in June 2007. While it was gratifying to see our Fisheries colleagues attend the meeting, I was personally disappointed with progress to date on the implementation of the Plan. Information provided to the meeting clearly indicated that the FTO Management Plan has been accorded a very low priority within the Fisheries Division. This is completely unacceptable to the Association and it is intended to pursue the matter in 2008 by pointing out to Government that the Association’s agreement to the incremental increase in FTO licence fees was conditional upon the progressive implementation of policies which would benefit the industry and its members. To date, apart from agreeing in principal to an FTO Management Plan, the Government has done little to justify increasing licence fees in July 2008.
The Association has appointed Graeme Williams as its Membership Officer. Graeme’s job will be to increase our membership base and to this end he will shortly be in touch with all FTOs.
Finally I wish to take this opportunity to wish you and your family a merry Xmas and a happy and prosperous New Year.
Robert Marchant
Chairman
NTGFIA
20 December 2007
2007 AGM
2007 ANNUAL GENERAL MEETING
VENUE: THE VERANDA AREA AT THE NIGHT CLIFF SPORTS CLUB.
Access to the veranda area is via the stairway in the Sportsman’s Bar. At the upstairs landing, first door on the right leads onto the veranda.
DATE: WEDNESDAY 31 OCTOBER 2007
TIME: 1800 HRS
MEALS AND DRINKS ARE AVAILABLE AT THE CLUB
Click onlinks below for
1. Nomination for positions on the Management Committee
2. Renewal of Membership
Please note that Nominations for the Committee must be lodged with the Executive Officer no later than 24 October and that both Nominee and Seconder must be financial members of the Association.
The Association is seeking to maintain on its website an up to date directory of members’ and their business specialities. To this end the Renewal Form has been redesigned to include a section where this information can be added.
The main topics for discussion at the meeting will be the FTO Fishery Management Plan and a Code of Conduct Details of both documents and the 2006/7 Committee Report are posted on the Association’s website – www.ntgfia.com.au. It will save time at the meeting if you visit the website and familiarize yourself with all these items.
We have invited a representative from NT Fisheries to address the meeting. Originally this was to be the Director of Fisheries Ms Heather Brayford; but she is unavailable on that date. We have also invited Senator Nigel Scullion who should be able to provide some advice on the Commonwealth Liquor Restrictions on Aboriginal Reserves.
At the meeting we will be seeking members’ approval to employ a paid membership officer and will be asking for members to join a sub committee to assist with social functions and raising funds for the associations administrative requirements.
I urge you to renew your NTGFIA membership by completing the renewal form and returning it to the Executive Officer together with the $10 annual fee. With major changes to the administration of the FTO Fishery in the offing, the need for a comprehensive and active membership base has become even more critical.
Meetings Update
Dear Member,
Over the past few weeks the Association has met to discuss problems and aspects of the Guided Fishing Industry, with the new Executive Director Fisheries (Ms Heather Brayford), the Minister for Fisheries (Mr Chris Natt), and the Minister for Planning and Infrastructure (Ms Delia Lawrie). Major outcomes of these meetings were as follows:
1. MEETING WITH THE EXECUTIVE DIRECTOR OF FISHERIES: Matters discussed included:
(i) The FTO Fishery Management Plan
The Government now appears genuinely committed to a management plan. For the first time, the possible introduction of licence limitation – either by limiting access to specific areas or by an overall restriction on total licence numbers – is being openly discussed. Among the range of issues which are also on the table for discussion are:
– the Multi Tier Business Licence,
– protocols for licensing prerequisites relating to public liability insurance, Business Name/Corporate Licences, and Section 14 Nominations Procedures
– the use of Assistant Fishermen within the FTO Fishery
– the introducion of a trainee scheme to provide a career pathway within the industry
(ii) Association Funding
Association running costs currently amount to some $45,000 per annum. In 2005/6 the Government provided a salary grant of $40,000 and fully reimbursed the Association’s administrative costs. In 2006/7 the Government withdrew from this arrangement and provided a total amount of only $42,500. Recently the Government advised that 2007/8 Association funding will be confined to a total of only $40,000. Despite our continuing protests the Government is adamant that additional funding will not be forthcoming and has suggested that the Association implement its own revenue raising measures.
2. MEETING WITH CHRIS NATT MINISTER FOR FISHERIES. Matters raised and discussed included:
(i) The Blue Mud Bay Decision: The NT Government is in the process of seeking leave to appeal the decision in the High Court. As previously notified, FTO Licencees will automatically be granted licences/permits to access the intertidal zone (ITZ) in areas under the control of the Northern Land Council pending the High Court decision. The NLC and the Government are currently in discussion with the Tiwi and Groote Land Councils and are confident that they will join the NLC accord and that separate permits to access the ITZ in areas controlled by those bodies will not be required. NLC FTO Permits will cover FTO cilents and crew – ie FTO clients will not be required to hold individual amateur permits.
(ii) Darwin Harbour Boat Ramps: On a number of occasions in the past, the Association had pointed out to the Minister various ongoing problems with the maintenance of the Dinah Beach boat ramp and other ramps in Darwin Harbour. At this meeting the Minister advised that his officers are in consultation with Infrastructure and Planning about appropriate measures to deal with the problem and undertook to keep the Association informed of progress. Since then (May 10) the state of the Dinah Beach ramp has been brought to the Minister’s attention on two separate occasions but there has been no advice from his office on measures to address the problem
3. MEETING WITH DELIA LAWRIE MINISTER FOR PLANNING AND INFRASTRUCTURE
This meeting was requested by the proprietors and staff of Mary River House Boats and concerned the condition of the road to Corroboree Billabong and the lack of facilities at the boat ramp and the area generally. The Minister advised that an amount of $600,000 had been made available to upgrade the access road and that work would begin on this in September. In the meantime the road would be graded at intervals of approximately six weeks. Ms Lawrie advised that installation of facilities such as toilets at Corroborre was the responsibility of Ms Scrymgour’s Natural Resources and Environment Department, but undertook to liaise with her with a view to designating Corroboree infrastructure as a specific developmental project. Should this eventuate, the next step would be the formation of a working group of stakeholders to advise Government on appropriate facilities and measures to deal with existing problems such as the need for speed restrictions in some of the more constricted waterways.
I will be interstate on holidays until 06 June. Queries on any of the above issues should be addressed to our President Rob Marchant.
Lloyd Browne
Executive Officer
Blue Mud Bay decison
Dear NTGFIA Member
Herewith some aspects of the Blue Mud Bay decison – current as of the date of this posting.
1. The decision relates to all land granted under the NT Aboriginal Land Rights Act. It relates only to the NT because it is only in the NT that land has been granted to aborigines down to low tide mark. The Government is currently working at producing a map which shows the areas to which the decision applies. Most – but not all – the land grants in the NT were made under the NT Land Rights Act.
2. The decision states that the NT Fisheries Act does not apply in the inter-tidal zone/water column. The inter-tidal water column is not confined to the sea/beach front but extends up to tidal limits in all tidal estuaries and watercourses.
3. The Northern Land Council has stated it will bring in a permit/licence system to preserve the status quo. All Fisheries licence holders will be granted (at no cost) a permit/licence which will enable them to continue fishing the column as before. The permit/licence will cover all personnel on the boat irrespective whether they are crew friends or clients. IE FTOS WILL NOT HAVE TO APPLY FOR REC FISHING LICENCES FOR THEIR CLIENTS OR THEIR FRIENDS ABOARD THEIR VESSELS. FTO permits will be granted automatically. Every one who currently holds an FTO licence will be granted a NLC permit.
4. Individual recreational fishermen will have to apply for a permit. How and where is yet to be determined.
5. Where access to the column is by sea all permits/licences will remain in force up to the time of the High Court appeal, which could be months or years away. Where access to the column is overland (ie through aboriginal land) a separate permit will be required by rec fishers each time access is sought. This is consistent with the current rules for entry on aboriginal land.
Lloyd Browne
Exec Officer NTGFIA
Commercial Shark Tagging Project
Dear Lloyd and members of the NTGFIA,
I would like to ask a favour. Would it be possible for you to forward this email and attachments to all you members of the NTGFIA. I would like to raise awareness of the commercial tagging project, that there are a large number of tagged sharks out there and what to do if someone catches one. A small reward is being offered for information (see attached flyer) and we are encouraging fishers to release the sharks alive if possible.
One of the reasons for writing to you is that we have now tagged around 820 sharks around the coast of the NT and the probability of captures in increasing. In fact we had our first recapture from a non-commercial fisher on the weekend. The recapture was onboard an Arafura Blue Water Charter last Sunday. If any of your members would like paper copies of the flyers or recapture sheet I will be happy to provide them.
If you or anyone from you association would like more information on the project I will be happy to answer any questions or people can visit the projects website at the following web address:
http://www.cdu.edu.au/ser/SharkTaggingProject.htm
Many thanks for your support,
Iain
Dr Iain Field
CDU / AIMS Research Fellow
Shark Tagging and Population Modelling Project
School for Environmental Research
Charles Darwin University
Darwin, NT, 0909
Tel: (08) 8920 9230
Fax: (08) 8920 9222
Email: iain.field@cdu.edu.au
Fisheries Ministers reponse to NTGFIA Submission of 8 march 2006
FISHERIES MINISTER’S RESPONSE TO NTGFIA SUBMISSION OF 8 MARCH 2006
Mr Graeme Williams President
Northern Territory Guided Fishing Industry Association PO Box 1313
NIGHTCLIFF NT 0814
Dear Graeme
Thank you for your letter to my predecessor, the Hon Kon Vatskalis MLA, outlining the formulation of an industry representative body and your Association’s advice on the introduction of fishing tour operator (FTO) licence fees.
Firstly, let me congratulate you and the Committee on the formation and incorporation of the Northern Territory Guided Fishing Industry Association (NTGFIA). It is clear that you, Mr Browne and your committee have been busy in attracting members and canvassing FTO’s on ways to enhance the industry and ongoing funding for your Executive Officer.
I have considered your Association’s submission proposing a low fee level to encourage FTO’s to become active members and the suggestion that government could fund any shortfall so that an Executive Officer can be employed. Given the need to provide an adequate level of funding for the Association to employ an Executive Officer, I propose to shortly announce that a FTO licence fee will commence on 1 July 2007 and will be initially set at $400. I support the Association’s position that licence fees should be set a low level and gradually increased to minimise any impact on licensees. It is for this reason that I intend to seek a gradual increase in licence fees, at a rate of $100 pa, until a FTO fee level of $800 is achieved. Licence fees will be payable by all people, companies or partnerships who hold licences that provides the services of a person to conduct a fishing tour.
I understand that this decision does not address the immediate issue of meeting your Executive Officer’s wage costs. In seeking to ensure the continuation of the current arrangements for the FTO industry, I am prepared to provide another grant of $40 000 for 2006/07. The Department of Primary Industry; Fisheries and Mines will be in contact with you shortly to make the necessary arranggments for the funds to be released to the Association. It is my intention to make a similar level of funding available in 2007/08 from FTO licence fee revenue.
I note your proposals for revision of sections of the Fisheries Act, an FTO management plan and electronic lodgement of catch returns. I support these initiatives in principle and expect that they will require some discussion and negotiation with my department’s personnel, particularly in undertaking a review of the Fisheries Act. Electronic returns are eventually proposed for all fisheries and the significant cost of that transition must also be identified and considered. Another matter to consider regarding electronic returns is the number of FTOs who have the ready means of submitting them. Perhaps you could consult your members on this matter as a first step in seeking to simplify the lodgement of data.
I understand that a proposal to limit the number of FTO licences was considered in 1996 and 2003. On both occasions the Department of Justice advised against restricting the issue of FTO licences due to legal constraints. In light of this advice, I am unable at this time to commit to your proposal for FTO licence restrictions. However, I would suggest the subject can remain open to discussions in the future.
Yours sincerely
CHRIS NATT 19 SEP 2006
Northern Territory Government ,O..~ Department of Primary Industry, Fisheries and Mines
MEDIA RELEASE
11 September 2006
New Fee for fishing tour operators
A $400 annual licence fee for fishing tour operators is to be introduced next year to assist the development and management of this important industry.
Fisheries Minister Chris Natt said the fee followed extensive consultation with fishing tour operators and would help fund the continuing appointment of an executive officer to represent and promote the industry.
“Recreational fishing is vital to the Territory – $34.7 million in 2000 – of which a quarter was outlaid by interstate and overseas visitors, many of whom charter boats for their fishing experience,” Mr Natt said.
“Our fishing tour operators are not only an important contributor to the NT economy and tourism, but they are often the eyes and ears of what’s going on out there – and can play an important role in fisheries management.
“The new licence fee will go towards the continued funding of the executive officer position within the Northern Territory Guided Fishing Industry Association (NTGFIA).”
Mr Natt said the fee would be introduced on 1 July 2007, increasing by $100 each year to a ceiling of $800 a year. There are currently 105 individuals holding 138 fishing tour operator licences.
“The NTGFIA was incorporated as a representative body last year with NT Government assistance and funding, including the employment of an executive officer, Mr Lloyd Browne,” Mr Natt said. “This fee will enable the guided fishing tourism industry to be self-reliant’.
“Consultation is essential to fisheries management and the guided fishing industry is an important part of this process. We look forward to continuing to work with them on all aspects of guided fishing tourism and welcome their input on fisheries management issues.”
ends
For further information about this press release please contact Peter Hurt, Media Manager Marketing and Communications. Phone (08) 8999 2059 or 0401 119461
Member Letter 2006
NT GUIDED FISHING INDUSTRY ASSOCIATION INCORPORATED
PO BOX 1313 NIGHTCLIFF NT 0814`
Dear NTGFIA Member-
Attached for information is a summary of the NTGFIA’s submission on permanent funding options for its Executive Officer position. The submission (a complete text of which is now available on the NTGFIA website) was lodged with the Minister for Fisheries on 8 March 2006 in the expectation that its principal recommendation – the incremental introduction of FTO licence fees as a revenue base for the Association’s ongoing activities – would be adopted prior to the commencement of the 2006/7 licensing year.
It is my understanding that the major issues and initiatives canvassed in the submission were not formally presented to Cabinet until last week (15 August, 2006). The following day Lloyd and I met with the Minister and were informed that the introduction of FTO licence fees and concomitant funding for the Association had been approved in principle, and that he would be announcing specific details of their implementation (eg the amount and date of introduction of FTO licence fees) in the forthcoming weeks.
Our best assessment of the situation (based on admittedly limited Departmental and Ministerial information) is that licence fees will not be introduced until 1 July 2007 and that the fee per licence will be of the order of $400. In return for exceeding the $200 fee recommended by the NTGFIA, the Government is prepared to consider submissions from industry on the implementation of a regime of more economically viable and operationally efficient management measures designed to enhance the professional status and viability of the FTO fishery. Such measures, if approved, could be effected by the declaration of a managed fishery or by changes to the Fisheries Regulations. A managed fishery could be implemented immediately whereas the implementation of an amended set of regulations would undoubtedly be delayed until the completion of the current review of the Fisheries Act – some 18 to 24 months hence.
Accordingly, the Executive Committee has instructed Lloyd to commence work immediately on preparing a Draft Plan of Management for the FTO Fishery, which will incorporate not only those matters already endorsed as Association policy (eg the introduction of a Multi-Tier Business Licence and Licence Limitation) but any other matters which, by consensus, are considered essential to enhancing FTO day to day operations and minimizing red tape. To this end Lloyd will be seeking your ideas and comments on the various elements of the plan over the coming weeks.
Meanwhile, to remain viable, the Association must fulfill its various ongoing corporate obligations – one of the most important of which is the requirement to hold an Annual General Meeting within 18 months of incorporation (in our case prior to 13 November). Accordingly I have set Thursday 26 October 2006 as the date for the Association’s first Annual General Meeting and am calling for nominations for the five positions on the Management Committee as detailed on the attached Nomination Form.
Also attached is a membership renewal form which I urge you to complete and return to our Executive Officer together with the $10 annual fee. With major changes to the administration of the FTO Fishery in the offing, the need for a comprehensive and active membership base is even more critical.
http://www.ntgfia.com.au/pdf/Members%20Letter%20Aug%202006.pdf
Graeme Williams
Chairman, NTGFIA
23 August 2006
PERMANENT FUNDING FOR THE NTGFIA
PERMANENT FUNDING FOR THE
NT GUIDED FISHING INDUSTRY ASSOCIATION INC.
ISSUES AND OPTIONS
http://www.ntgfia.com.au/pdf/REPORT2.pdf
1. BACKGROUND
The need to establish a coordinated and truly representative industry body to provide advice to Government on the consolidation and development of fishing tourism in the Northern Territory has been evident since 1995. But Government initiatives to create such a body in subsequent years have met with little success.
In December 2000 an unsuccessful attempt was made to garner FTO licencee support for the appointment of an Executive Officer to maintain and service an industry association, and for the introduction of licence fees to defray concomitant costs. Consultation with industry recommenced in March 2003 with a proposal to introduce an $800 FTO licence fee in the 2003/4 licensing year to cover the costs of employing an Industry Executive Officer and to recover some Government administrative costs. For various reasons introduction of the fee was postponed in that year and in succeeding years up to the present.
In 2004 a grant of $40,000 was made available (by the Minister) to employ an Executive Officer whose major responsibilities would be
• the formal establishment (and incorporation) of an NT Fishing Tour Operators’ Association and,
• following in depth consultation with industry, advice to Government on future funding options for the position.
An appointment was made to the position of Executive Officer in March 2005. A new Association – the NT Guided Fishing Industry Association Inc, (NTGFIA) – was incorporated on 13 May 2005.
Preliminary investigations into the availability of permanent funding for the Association pointed to licence fee revenue as the most feasible and reliable source. Consultation with industry began on that premise.
2. INDUSTRY CONSULTATION
In an effort to accurately gauge the extent of industry support for funding the Association from licence fee revenue, two general meeting were convened. Both meetings were open to all licencees irrespective of whether or not they were Association members. Outcomes of the two meetings were as follows:-
Outcome 1: The Introduction of Licence Fees
Industry agreed to the staged/incremental introduction of licence fees over a three or five year period on the proviso that substantial progress was made towards resolving the following management issues which were seen as critical to enhancing and maintaining the economic viability of the FTO Fishery.
• Revision of certain sections of the Fisheries Act to bring it more into line with the practical realities of the modern business world.
• The formal adoption of an FTO Fishery Management Plan to minimise red tape and ad hoc decision making
• The eventual introduction of Licence Limitation
• The complete overhaul and computerization of current documentation and procedures relating to the submission of Catch Returns.
Outcome 2: Incremental Licence Fees
The $800 licence fee previously proposed by Government was unanimously rejected by industry on the following bases:-
• that in return for their co-operation in the introduction of catch returns FTOs had been given an iron clad guarantee by a previous Director of Fisheries that they would never have to pay a licence fee.
• that Licence fees in similar (and much better administered) FTO Fisheries in Western Australia and Queensland were considerably less. WA charged $545 (for entry to their Pilbara/Kimberley Tour Management Zone) and had introduced Licence Limitation. Queensland was on the verge of abandoning licences altogether for their inland river FTO Fisheries.
Industry agreed to an initial licence fee of $200 with additional increments of $100/200 over each succeeding year until full cost recovery is achieved: such annual increments to be conditional upon satisfactory progress towards resolution of the key fishery management issues identified above.
3. THE KEY MANAGEMENT ISSUES IN MORE DETAIL
Revision of the Fisheries Act
From an FTO perspective the most problematical areas of the current Fisheries Act are those relating to Supervision/Direct Control of fishing operations (S.13), and Licence Nominations (S.14). These are difficult areas to administer and enforce equitably.
In the barramundi fishery for example it is a regular and apparently legitimate practice for an assistant fisherman to operate unsupervised at distances of up to several kilometers from the principal vessel/mother ship, yet a similar operation by an assistant fisherman working for an FTO has been deemed illegal by Fisheries administrators.
The restriction of nominations to one per licence has adverse commercial ramifications in the FTO fishery where substitution of nominees for corporate licencees is regularly required to cover sickness, holidays etc. The current remedy, which is to obtain an additional licence, is cost free but will not remain so once licence fees are introduced. The industry views this potential additional cost as an example of needless bureaucracy.
The Association is of the opinion that Sections 13 and 14 of the Act need to be replaced by provisions which ensure that the principal licencee is held responsible for the actions of his surrogates in all circumstances; but which at the same time facilitate and enhance business profitability.
The Formal Adoption of a Fishery Management Plan
Over recent years, the lack of a representative industry body has made the administration of the fishery a difficult task for Government and has led to a number of arbitrary decisions which have impacted adversely on FTOs. The most contentious of these was the implementation of the so called Nominations Policy which, for corporate licencees, required the mandatory submission of employee tax file numbers as a prerequisite to licence approval – a clear breach of the Privacy Act. The issue was difficult to resolve equitably and expeditiously – principally because there was no established forum at which the Association could present its case. While contentious matters are now dealt with (more or less satisfactorily) at ad hoc consultative meetings, the Association believes it essential that a consultative body is formally established under the Act to plan and direct the industry’s future.
The FTO Fishery is one of the few NT fisheries with the potential for significant expansion. As recreational fishing grows under the auspices of the present Government, so too will the guided fishing industry. With a total of some 150 licences issued in 2005/6 the FTO Fishery is already the NT’s largest licensed fishery. The need for enhanced professional standards (including accreditation and a code of conduct) is self-evident. The most effective instrument for implementing and maintaining such standards is a Fishery Management Plan.
The Introduction of Licence Limitation
This issue was raised during Government/Industry negotiations in June 2003, and was subsequently the subject of a Department of Justice advising, the exact details of which are confidential and thus unavailable to the Association. In November 2003 industry was informed that the Fisheries Group was not prepared to support FTO Licence Limitation for the following reasons:-
• that there were, at the time, no resource based concerns which could justify its introduction (ie the resource was not under threat of over exploitation)
• that it would be tantamount to unjustly privatizing access to a natural resource and to restricting fair and equitable trading opportunities, thus exposing the Department to the threat of possible legal action under the dictates of the National Competition Policy (NCP).
Since that time licence limitation has been implemented in the FTO Fisheries in Western Australia and South Australia for reasons other than (specifically identified) resource based concerns and without any drastic NCP ramifications.
In supporting FTO licence limitation (in a submission to the body which assesses compliance with the NCP) Western Australia listed the following justifications:-
• There was a need to constrain fishing effort until scientific data was such that more informed judgements could be made in respect to the level of access and other relevant management measures.
• Entry to the fishery was restricted rather than limited; additional licences would be issued (a) if the proposed tour operation was to be undertaken in an area which was not currently serviced, and/or (b) for a fish stock which was considered to be at low risk of over-exploitation.
• Restricted entry would weed out the “fly by nightâ€operator thus enhancing the professional status of the industry.
• Restricted entry would contribute significantly to business viability, and the growth and provision of service quality. Overcapitalization was less likely to affect business health and aquatic environment; and industry would be more amenable to playing a resource stewardship role.
South Australia gives its rationale for limiting its Charter Boat Fishery licences as:-
• Ensuring the orderly and economically sustainable development of the industry such that operators have long-term viability and are willing to invest and promote resource stewardship and best practice for the industry.
• Ensuring the reduction of potential conflict with the recreational, indigenous and commercial fishing sectors through localized depletion of fish stocks and over-crowding of fishing locations.
• Ensuring the provision of authentic data for fisheries management planning.
• Ensuring that the full management and research costs incurred in the orderly and sustainable development of the industry are borne by the principal beneficiaries of the limited entry regime.
The Association believes the Territory’s recreational fishery could profit significantly by following the lead set by these two States. By appropriately administering a restricted (rather than fully limited) FTO management regime the Government could provide a reliable source of funding for critically needed (recreational fishery) research.
Revision and Computerization of Current Catch Return Documentation
With the increasing emphasis on prosecution for non-submission (or non-receipt) of FTO catch returns, the Association believes it is time to reassess the effectiveness and utility of the present system, which is now more than 10 years old, and which is still reliant on post-office mail.
From an FTO perspective perceived deficiencies include:-
• Non-acknowledgement of receipt of mailed returns
• Documents returned (by registered mail) to sender for correction of trivial mistakes/omissions
• Unnecessary repetition/reiteration of an individual’s established operational routines
• Relevance of such subjective data as client’s fishing experience.
• Large and non-specific location/area grids
The Fisheries Group has agreed in principle to digitizing return documentation but maintains (unofficially) that it needs to be applied across the entire range of NT fisheries. In the meantime, the Association recommends an immediate on-line trial for the FTO fishery using a digitized version of the existing return form.
4. FUNDING OPTIONS
Four potential sources of funding were investigated and considered by the Executive Officer in consultation with Association’s Management Committee. The outcomes of these considerations were as follows:-
Option 1: Government Grants.
Outcome:
Investigations into possible Government funding sources revealed that all the grants on offer from various Government agencies were tied to infrastructure development and/or promotional activities. There were no grants available from any authority to fund a salaried position in either the short or the long term.
Option 2: Self-Funding.
Outcome
The feasibility of self-funding by special levies on members and/or from membership fees was considered and eventually rejected on the premise that the imposition of substantial internal revenue raising measures would – at such an early stage in the Association’s development – be a disincentive to membership and thus defeat the Association’s principal raison d’etre – which is to be as fully representative of the guided fishing industry as possible.
The Committee was mindful of the fact that a self-funded industry association (the Fishing Tourism Operators Association NT Inc.), which had existed in the 1990s, had failed because of the imposition of disproportionately high membership fees and a resultant lack of support from industry personnel.
Option 3: Dollar for Dollar Funding.
Outcome
Government grants are often structured on the basis of matching contributions – a concept which appears to have been proposed by industry in May 2003 but which, at the time, was not supported by the Fisheries Group, probably because it did not meet their expectations of full cost recovery.
NTGFIA running costs currently amount to approximately $45,000 per annum. The implementation of a dollar for dollar funding agreement based on a membership of 65% (the current level) of all licenced FTOs would see membership fees set at $300, which would, in the Committee’s opinion, deter many prospective members. FTOs have witnessed so many failed attempts to foster a representative body that they simply will not commit themselves to an organization unless and until it can be seen to be making headway on matters which are of concern to them.
The Association needs time to build its reputation and credibility with all stakeholders but especially with its own client base – a fishery, which, because of its operational diversity and unique characteristics, has so far resisted all Government overtures to self-start its own representative body.
Credibility cannot be achieved in the short term. The success or failure of the Association will ultimately depend on the outcomes of its representations for changes in the administration of the FTO Fishery, which facilitate business profitability. Some of these changes require amendments to the Fisheries Act and have been incorporated into the current Review of that Act. But it will be many months before any such amendments (assuming they are approved) can take practical effect. In the meantime the Association will need an injection of funds if it is to continue its operations.
Option 4: A Combination of Licence Fee Revenue and Government Subsidies.
Outcome
The Association considers this option the most viable and appropriate method of funding its operations until such time as the value of its contribution to the processes of regulating and administering the NT guided fishing industry can be independently assessed.
Implementation of this option would be on an “as needs†basis with the level of Government funding set by the licensing dynamics of the fishery. Under such a proposal the amount of Government funding would decrease in proportion to the incremental rise in both licence fees and Association membership fees over a three or five year time frame.
For example: in 2005/6 there were some 150 FTO licences issued. At $200 each, licensing revenue would total $30,000. Government funding to cover the difference between licence revenue and the Association’s operating costs would amount to $15,000.
The Committee noted that other industry associations currently contributing to the consultative processes of official policy making (viz, AFANT and NTSC) are funded annually either in whole or in part, by the NT Government – and to a much greater extent than $15,000.
5. SUMMARY
• The Guided Fishing Industry Association Inc (NTGFIA) was incorporated on 13 May 2005.
• It has a current membership of 74 – approximately 65% of the total number of licences issued.
• The Industry has agreed to the introduction of a $200 licence fee in the 2006/7 licensing year.
• Industry has also agreed in principle to (eventual) full cost recovery by incremental increases in licence fees over a three or five year time frame, but on the proviso that substantial progress is made towards establishing a more business oriented administrative environment for FTOs.
• Such an environment can be fostered by appropriate amendments to Sections 13 and 14 of the Act and by the declaration of the FTO Fishery as a Managed Fishery
• There are now precedents and different perspectives on the introduction of licence limitation (or its variants) into FTO Fisheries in other States, which are highly relevant to the Northern Territory situation.
• Both Government and Industry can benefit significantly from the introduction of a restricted (rather than fully limited) licence regime in the NT, with the application of all or part of the revenue from the sale of additional licences to recreational fishery research.
• Catch return documentation needs to be revised and digitized for optional on-line use.
• Viable funding sources for the NT Guided Fishing Industry Association are limited to either licensing fees or Government subsidies – or an appropriate combination of both.
• The Association needs time to build its reputation and credibility with all stakeholders but especially with the guided fishing industry. This is no easy task given the diversity and unique operational characteristics of the fishery.
• To secure adequate industry representation until it can gain credible status the Association needs to keep membership fees and levies at nominal levels.
• The Association needs funding to continue its operations. The most equitable way to provide for it in forthcoming years is to adopt the dynamic funding option set out above in Section 4, Option 4.
http://www.ntgfia.com.au/pdf/REPORT2.pdf
L.F.S Browne
Executive Officer
NTGFIA
8 March 2006
Charter Boat Operators Meeting
This is a new and valuable Committee convened by DBERD to make better use of existing Port facilities and to plan for the provision of new ones. Members should check the minutes of the meeting in the Newsletter.
One small dark cloud on the horizon is DBERD’s statement that they will continue to provide secretarial services for the committee IN THE SHORT TERM!!
It was stated and hinted more than once (but never got into the minutes) that DBERD expected the Charter Boat Operators to eventually provide full support and back up for the Committee!! One look at the list of actions flowing from this inaugural meeting will give some idea of the workload. Does DBERD really suppose that you or I will be able to afford the time to cope with that lot- or are they just giving us the (D)BERD???
Just what in God’s name do Public Servants do these days??
General Meeting, September 22.
The NTGFIA will convene a General Meeting at the Darwin Trailer Boat Club on 22 September commencing at 1900hrs.
The main topic of discussion will be the introduction/non-introduction of licence fees. Other topics and concerns will be discussed as time permits.
To save time, members are requested to familiarize themselves with the broad outlines of the Licensing Regimes in WA and Qld, which are posted in the Newsletter.
Check Back Soon
In the Hot Topics Section of this web site we will regularily post information on issues effecting the Guided Fishing Industry in the NT.
Please check back often to keep up to date with the issues.