Ecosystem Based Fisheries Management from concept to practice: Australia, a case study. By Helen Webb BA

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1 Ecosystem Based Fisheries Management from concept to practice: Australia, a case study By Helen Webb BA Thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy, University of Tasmania, Australia August 2010

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3 i CONTENTS ABSTRACT... xi DECLARATION OF ORIGINALITY... xiii STATEMENT FOR AUTHORITY TO ACCESS... xiv ACKNOWLEDGEMENTS... xv ACRONYMS... xvi PART ONE: ECOSYSTEM BASED FISHERIES MANAGEMENT THE CONCEPT CHAPTER 1: INTRODUCTION Background Significance of the research Research aims and objectives Research design and approach Thesis outline CHAPTER 2: SUSTAINABLE DEVELOPMENT AND ECOSYSTEM BASED FISHERIES MANAGEMENT Introduction Sustainable development: concept and practice The World Commission on Environmental Development (WECD) Our Common Future Chapter 10: Managing the Commons Our Common Future Chapter 12: Towards Common Action United Nations Conference on the Environment and Development The Rio Declaration on Environment and Development Agenda Chapter 17 Protection of the oceans, all kinds of seas, including enclosed and semi-enclosed seas, and coastal areas and the protection, rational use and development of their living resources Chapter 35: Science for sustainable development Chapter 39: International legal instruments and mechanisms World Summit on Sustainable Development Johannesburg Plan of Implementation The Commission for Sustainable Development Ecosystem Based Management Ecosystem Based Management: the concept Ecosystem Based Management: some key issues The development of an Ecosystem Based Fisheries Management approach Law of the Sea Convention and the Convention on Biological Diversity 31 United Nations Law of the Sea Convention (UNLOSC) United Nations Convention on Biological Diversity Ecosystem Based Fishery Management Ecosystem Based Fisheries Management: the international dimension Ecosystem Based Fishery Management... 37

4 ii The concept Overarching goals, objectives and principles EBFM: key aspects and elements Management of people or ecosystems Societal choice, values and decision-making Challenges in implementing EBFM Current fisheries debates and issues Fisheries status, futures, and management options Fisheries issues Over-fishing Over-capacity Government subsidies Illegal, unreported and unregulated (IUU) fishing A systems approach Summary CHAPTER 3: THE ENVIRONMENTAL, ECONOMIC AND SOCIAL DIMENSIONS OF EBFM Introduction Environmental dimensions The marine environment: its unique characteristics The importance of marine ecosystem goods and services and biodiversity Marine ecosystems and biodiversity The marine environment: principal issues and impacts Climate change Coastal zone development and land-based impacts Impacts of fishing on marine ecosystems Direct impacts of fishing Indirect impacts of fishing Economic dimensions Fishery production and fishing gear and methods Fisheries sectors, fishing fleets and technology Commercial wild caught fisheries Recreational and charter fisheries Aquaculture Post harvest sector Social dimensions People, communities, social capital and knowledge Employment and livelihoods Culture and self determination Food security and product quality and safety Environmental, economic and social dynamics The environmental, economic and social context Sustainability Resilience A biosocioeconomic subsystems model Summary

5 iii CHAPTER 4: GOVERNANCE AND INSTITUTIONAL ARRANGEMENTS UNDER EBFM Introduction Governance and management Benchmarking for fisheries governance Governance functions and structures: roles and responsibilities Governance and management: a multi level framework International Establishment of the 200 nautical mile Exclusive Economic Zones International response to changing oceans and fisheries issues International environmental and trade agreements International Trade in Endangered Species of Wild Fauna and Flora Regional arrangements Regional Fisheries Management Organisations Bilateral arrangements Nation states Governance and management: multiple institutions and stakeholders Participatory decision-making Participatory decision-making Resolution of conflicting objectives and interests Capacity and capability building Governance and management: different institutional approaches Centralisation and decentralisation Co-management arrangements Integrated governance and management Environmental, economic and social integration Multi-level governance and management Multiple institutions and stakeholders and participatory decision-making Institutional interplay and fit Decision-making: complexity, uncertainty, risks, adaptive management and evaluation Adaptive management Evaluation Governance and management subsystems model Summary CHAPTER 5: IMPLEMENTATION OF EBFM: FISHERIES STRATEGIC AND OPERATIONAL MANAGEMENT Introduction EBFM implementation: some key considerations Steps for EBFM implementation An incremental approach The precautionary approach and how is this to be applied? Management objectives, indicators and reference points Defining goals and clearly stating objectives Indicators Ecosystem reference points Reporting

6 iv 5.3 Strategic fishery management Fisheries management and decision-making tools Management Strategy Evaluation Risk assessment Qualitative and quantitative models Mapping tools Industry based initiatives Codes of conduct and codes of practice Environmental Management Systems Accreditation schemes/eco-labelling Operational management Fisheries management plans and regulations Management processes and measures Harvest strategies and the allocation of property rights Harvest strategies Allocations in fisheries management Individual Transferable Quotas Spatial and temporal management Marine Protected Areas Performance assessment, evaluation and reporting Knowledge, research and data management Knowledge and date management Research A Management and decision subsystems model Summary PART TWO: ECOSYSTEM BASED FISHERIES MANAGEMENT IN PRACTICE CHAPTER 6: OCEANS AND FISHERIES IN AUSTRALIA: THE POLICY FRAMEWORK Introduction Australia s international, regional and bilateral participation and role Commitments under WSSD Positioning Australian fisheries: international, regional and bilateral arrangements Adoption and development of ESD in Australian fisheries National governance and management National Strategy for Ecologically Sustainable Development Review of NSESD Australia s Oceans Policy Oceans Policy reviews Environment Protection and Biodiversity Conservation Act Reviews of the first round of strategic assessments under the EPBC Act Australian Fisheries Management Forum: the lessons and possible future directions Australia s oceans and fisheries context: governance and management responses Issues identified in Australia s State of the Environment reports Climate change: an emerging issue

7 v Australia s governance and management response Multi-level and multi-institutional governance and management: issues of interplay and fit Multi-level governance and management Oceans and fisheries multiple institutions and stakeholders Roles and responsibilities of the Department of Agriculture, Fisheries and Forestry Roles and responsibilities of the Department of the Environment, Water, Heritage and the Arts Fisheries agencies Stakeholders and consultation Discussion Regional management Bilateral arrangements Australia s ESD and EBFM national policy framework Bioregional planning Coastal zone management Spatial planning and MPAs Fisheries The state of the environment reporting Summary CHAPTER 7: AUSTRALIAN COMMONWEALTH AND STATE AND TERRITORY MANAGED FISHERIES UNDER ESD AND EBFM PRINCIPLES Introduction Australian fisheries Fishery resources and habitats Fishing fleets and technology Post harvest Australian fisheries: the environmental, economic and social context Environmental dimensions Economic dimensions Commonwealth, state and territory managed fisheries: some key considerations Consultation and participatory decision-making Consultation Co-management: a delegated model Management arrangements Structural adjustments and compensation Monitoring, compliance and enforcement Management processes and measures Fisheries allocation between sectors Allocation of user rights and ITQs Harvest strategies Marine Protected Areas and fisheries Management and fishery assessments Stock assessments and TACs Single-species and multi-species assessments

8 vi Fisheries strategic assessments Risk assessments Management Strategy Evaluation Industry fishery assessments Environmental Management Systems Accreditation and eco-labelling Data and information Research Reviews of Australian fisheries 1998 and The 1998 review Work undertaken by the ESD subgroup since the 1998 review Summary of jurisdictional uptake of ESD framework as at The 2008 review The Survey: where we were, where we are now, where we need to be Summary of recommendations Discussion Toolbox development Summary CHAPTER 8: IMPLEMENTATION OF ESD AND EBFM IN AUSTRALIAN FISHERIES: TWO CASE STUDIES Introduction Commonwealth fisheries Biological and economic status of Commonwealth fisheries AFMA Commonwealth managed fisheries under ESD and EBFM principles Minister s Statutory Direction (2005) AFMA s response to the Ministerial Direction (2006) The Southern and Eastern Scalefish and Shark Fisheries: a case study Background and overview SESSF sectors Fishing fleets Post harvest sector Environmental, economic and social context Environment Economic Social Management of the SESSF Recent AFMA management changes and addressing issues in the SESSF AFMA management changes Management Advisory Committees (MACs) Delegated co-management approach Ecological Risk Management (ERM) framework ITQs and boat SFRs Addressing issues in the SESSF Harvest strategies Stock rebuilding strategies

9 vii Listing of orange roughy as conservation dependent Structural adjustment Discarding, bycatch and protected species Chondrichthyan Technical Working Group Western Australian fisheries management framework under ESD and EBFM principles Biological and economic status of Western Australian fisheries sectors Department of Fisheries managed fisheries under ESD and EBFM principles The West Coast Rock Lobster Fishery: a case study Overview the West Coast Bioregion West Coast Rock Lobster fishery sectors WCRLF post harvest sector Environmental, economic and social context Environmental Economic Social Management of the WCRLF Recent management changes and addressing issues in the WCRLF Department of Fisheries management changes Integrated Fisheries Management (IMF) Framework and EBFM Management Advisory Committees (MACs) Review of management options in the WCRLF Addressing issues in the WCRLF Harvest strategies Marine Stewardship Council accreditation Deepwater ecosystems Structural adjustment Discarding and bycatch and protected species Discussion Strategic management framework: Australian Fisheries Management Authority and Western Australia Department of Fisheries Operational management: the two cases studies Summary CHAPTER 9: CONCLUSION: ECOSYSTEM BASED FISHERIES MANAGEMENT FROM CONCEPT TO PRACTICE Introduction Using an integrated systems approach to model ESD and EBFM principles EBFM: issues, drivers and the development of the concept A systems approach Australia: ESD and EBFM in practice The biosocioeconomic context Performance reporting, adaptive management, and information and data Australian fisheries: where we were, where we are now, and recommendations for where we need to be Current issues and recommendations

10 viii Future issues and scenario analysis EBFM in Australia From theory to practice REFERENCES APPENDIX 1: PERMISSION FORMS

11 ix List of Figures Figure 2.7: An integrated systems model under EBFM principles Figure 3.1: An integrated systems model under EBFM principles Figure 3.6: A biosocioeconomic systems model: ecosystem and human subsystems Figure 4.1: An integrated systems model under EBFM principles Figure 4.4.2: Continuum of co-management approaches Figure 4.5.2: A systems model of multi-level governance and management Figure 4.5.3: A multi-level institutional and stakeholders decision-making framework Figure 4.6.1: Adaptive decision framework Figure 4.7: Governance and management dimensions and subsystems model Figure 5.1: An integrated systems model under EBFM principles Figure 5.3.1: Framework for management strategy evaluation Figure 5.5: Management and decision-making dimensions subsystems model Figure 5.6: An integrated systems model under EBFM principles Figure 6.5.2: Multi-level and multi- institutional governance and management Figure 7.5.2: Summary of the National ESD Reporting Framework Figure 8.8.1: Strategic and operational management framework Figure 9.4: An integrated systems model under EBFM principles

12 x List of Tables Table 2.3.1: Summary of key issues Table 3.2.1(a): A hierarchical framework of ecosystems dimensions, components and characteristics Table 3.2.1(b): A representation of the biogeochemical processes Table 3.3: A framework for identifying and describing fisheries economic dimensions, components, characteristics and macro and micro drivers Table 3.4.1: A framework for identifying and describing fisheries social dimensions, components, characteristics and drivers Table 4.2.2a: The political role and responsbilities Table 4.2.2b: The policy and planning role and responsbilities Table 4.2.2c: The legal role and responsbilities Table 4.2.2d: The management role and responsibilities Table 5.4.2: Fisheries management measures Table 6.5.1: The overall status and issues as reported in the State of the Environment reports for 1996, 2001, Table 6.5.3: The key national strategies and policy initiatives Table : The use of assessment and management tools Table 7.6: Progress towards ESD and EBFM implementation Table 8.3.1: The SESSF sectors Table 8.3.2(a): SESSF sectors and stock status for Table 8.3.2(b): SESSF sectors bycatch and habitat issues Table 8.3.3: Summary of current operational management for the SESSF Table 8.6.3: Summary of current operational management for the WCRLF