ABOUT THE PROJECT

Overview of relevant legislation

Current legislation and management plans relevant to developing the SEF Mapping project (interpretation made by project team for this project)

1. Strategic environmental impact assessments

Background

• Titled "Guidelines for the Ecologically Sustainable Management of Fisheries"
• Implemented by AFMA using terms of reference drawn up by EA
• Carried out on a fishery by fishery basis
• Sectors assessed separately
• Development included ‘road-testing’ with stakeholders (inc. SETFIA & SENTA)

Assessment based on:

"third party legislation"

1.	EPBC Act (1999)
2.	WP (REI) Act (1982) with 2000 amendment to Schedule [one assessment covers both as they have similar (sustainability) requirements]

"fishery specific rules"

3.	ESD reporting framework being drawn up by the SCFA ESD reference group is evolving into an assessment regime that may replace at least the WP (REI) Act

Relevant requirements of assessment

Principle 2: "Fishing operations should be managed to minimize the impact on the structure, productivity, function and biodiversity of the ecosystem."

• Objectives relate to endangered, threatened, protected species and communities and the ecosystem generally
• Information requirement focuses on interactions and impacts of fishing on fauna/ ecosystems
• Assessments include analysis of risk and susceptibility of species, benthic communities and physical habitats
• Management responses may be precautionary, and include using ecosystem health indicators to trigger responses

2. Bycatch Action Plans

Background

• Developed in line with Commonwealth Bycatch Policy
• Implemented by AFMA
• Strategy developed by stakeholder representatives eg, SETMAC Bycatch Working Group
• Becomes a performance measure for the Fishery Management Plan
• Carried out on a fishery by fishery basis
• Sectors assessed separately
• Bycatch includes benthic fauna

Relevant aims include

• Minimise impact (interaction and potential capture) on bycatch species, including benthic animals
• Minimise the impacts of gear on the benthos and marine environment
• Increase industry support for bycatch reduction

3. Regional Marine Planning

Background

• Key plank in Australia’s Oceans Policy (whole of Commonwealth Government policy)
• RMPs developed by the National Oceans Office, in consultation with stakeholders
• National scheme for integrated & ecosystem based management of all ocean users
• Managing activities to sustain a healthy ecosystem
• Uses a spatial hierarchical framework of bioregions covering Australia’s EEZ — including 13 Large Marine Domains (LMDs) grouped to form Marine Planning Regions
• Commencing with the South-east Marine Region (consisting of 3 LMD’s)
• Biological & Physical Assessment process includes understanding ecosystem:
  • structure by developing a bioregionalisation for the South-east Marine Region
  • function (assessing & monitoring ecosystem health / resilience)

• Impact assessment process - includes looking at fishing impacts on the natural environment

Relevant aims include

• Providing a spatial framework for planning purposes
• Managing activities to sustain a healthy ecosystem
• Impact minimization from over-fishing or inappropriate fishing practice

4. National Representative System of Marine Protected Areas

Background

• Precautionary and ecosystem-based approach to protecting the environment
• National scheme to develop a consistent, ecologically-based framework for MPA declaration
• Coordinated by EA and Implemented in Commonwealth waters by EA using guidelines established by ANZECC task force on MPAs
• [States and Territories have in-principle agreement with system, and endorsed the national guidelines; state MPA development funded by EA]
• Links to Oceans Policy as one of the aspects considered through Regional Marine Planning
• Aim to be "comprehensive, adequate and representative" in protecting species and habitats nationally
• Based on a hierarchical spatial scheme of bioregions (provincial and mesoscale bioregions of IMCRA) that are used as proxies for ecosystems
• Two stages: identify candidate areas based on ecological values, then select areas considering socio-economic values and management practicality

• Selected areas should not have been impacted???

Relevant aims include

• Protection of marine species, communities, ecosystems or landscape spaces through restricted access or area closures