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Draft Port Phillip Scallop Dive Fishery Management Plan

September 2015Fisheries Victoria Science Report Series No. xx

Draft Port Phillip Scallop Dive Fishery Management Plan

October 2015

Fisheries VictoriaScience Report Series No. xx

Published by the Victorian Government, Department of Economic Development, Jobs, Transport and Resources (DEDJTR),October 2015

© The State of Victoria, Department of Economic Development, Jobs, Transport and Resources Melbourne October 2015This publication is copyright. No part may be reproduced by any process except in accordance with theprovisions of the Copyright Act 1968.

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Preferred way to cite this publication:Fisheries Victoria Science Report Series No. XX.

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Draft Port Phillip Scallop Dive Fishery Management Planii

Contents

Introduction 5

Overview of fishery 5Objectives for the fishery 5Term of this fishery management plan 6

Description of the fishery and management arrangements 7

Fishery area and management arrangements 7Sectors accessing the resource 9Aboriginal 9Commercial 9Recreational 9Other users 9

Legislative and policy framework 10

Victorian legislation and regulation 10Ecologically sustainable development 10

Scallop stock structure, biology and life history 11

Stock structure of the scallop resource 11Scallop biology and life history 11Scallop stock status 12

Monitoring and assessment 13

Fishery independent survey design 13Fishery-independent survey analysis and assessment 13Fishery dependent information 14Additional (non-mandatory) data 15Additional data analysis and assessment 15Economic characteristics of the fishery 15Monitoring ESD 15

Harvest Strategy 17

Operational objectives 17Stock performance indicators 17Reference points 17Level of risk 18Monitoring stock performance 18Management decision rules 18Annual TACC setting process and timeline 19

Acknowledgements 20

Draft Port Phillip Scallop Dive Fishery Management Planiii

References 21

Appendix A: Data collection, analysis and assessment for a fully developed commercial scallop fishery 23

List of Tables

Table 1. Summary of management arrangements for the Port Phillip Scallop Dive Fishery 8Table 2. Fishery level objectives, indicators, and performance measures for the Port Phillip Scallop Dive Fishery 16Table 3 Stock performance indicators and reference points 17

List of Figures

Figure 1. Port Phillip Bay showing the commercial fishing zones and two Scallop Commercial Fishing Exclusion Zones 7

Draft Port Phillip Scallop Dive Fishery Management Planiv

Introduction

Overview of fisheryThis plan applies to the commercial and recreational Port Phillip Scallop Dive Fishery of which the target species are the commercial scallop (Pecten fumatus) and doughboy scallop (Chlamys asperrimus). Commercial and recreational scallop fishing activities in Victorian waters are managed under the provisions of the Fisheries Act 1995 and the Fisheries Regulations 2009. A single commercial fishery access licence was issued in 2013 for the Scallop Dive (Port Phillip Bay) Fishery. The licence holder can engage one or more people to carry out any activity authorised on the licence if they are listed on the licence. Recreational scallop fishers must hold a valid Recreational Fishing Licence unless they are exempt.

Port Phillip Bay is a largely enclosed marine bay in Victoria, south-east Australia. The commercial Scallop Dive (Port Phillip Bay) Fishery can harvest scallops from Port Phillip Bay with the exception of exclusion zones (Rye and Indented Head; Figure 1) and those areas where other types of commercial fishing are excluded (e.g. marine parks, shipping channels). The commercial fishery is managed spatially by zone (six zones) in order to manage sustainability risks (Figure 1). Recreational fishers can harvest scallops from all areas of Port Phillip Bay with the exception of those areas where recreational fishing is excluded (e.g. marine parks).

The Scallop Dive (Port Phillip Bay) Fishery is subject to a Total Allowable Commercial Catch (TACC) which will be managed using the established quota management system. All quota is linked to the single commercial licence. There are six quota units for P. fumatus (one unit per zone) and six quota units for C. asperrimus (one unit per zone). The quantity of scallops comprising an individual quota unit may be amended at any time through the publication of a further quota order. Recreational fishing is subject to a daily bag limit of 100 scallops.

Recreational fishing contributes $2.3 billion to our social and economic wellbeing (Ernst and Young 2009) and it encourages families to get outdoors and learn more about our environment. The development of the commercial fishery will drive economic development through job creation, local investment and provision of local quality seafood.

This management plan outlines the arrangements for the Port Phillip Scallop Dive Fishery to be managed in an efficient, effective and ecologically sustainable manner, in accordance with the requirements of the Fisheries Act. The management objectives for the fishery are to maintain the long term sustainability of the resource, provide equitable resource access and use, and cost effective and participatory management. This fishery management plan will replace the Baseline Management Arrangements for the commercial fishery (DEPI 2013) developed prior to the commencement of the Scallop Dive (Port Phillip Bay) Fishery.

Objectives for the fisheryThe fishery management objectives for the Port Phillip Scallop Dive Fishery are:

1. Long-term sustainability of the scallop resource:

- Ensure that the recreational and commercial harvest is kept within limits that are consistent with the long term sustainability of the fishery; and

- Allow fishing for scallops in a manner that has minimal ecological impact; and

2. Equitable resource access and use:

- Maintain access to the fishery for recreational and commercial fishers; and

- Provide for developing commercial and recreational fishing opportunities.

3. Cost effective and participatory management:

- Maximise the economic and social benefits from the fishery to the Victorian community.

- Ensure that the management of the fishery and the provision of associated services are efficient, effective and responsive using regulatory approaches that are enabling and incentive-based;

- Apply the principle that users of the commercial fishery pay for the cost of services from which they benefit and for services that address risks created by their activities; and

- Enable participation by fishers and other relevant stakeholders in fisheries management, taking account of the respective responsibilities of government and fishers.

Draft Port Phillip Scallop Dive Fishery Management Plan5

Term of this fishery management planThis management plan was prepared by Fisheries Victoria, a division of the Victorian Department of Economic Development, Jobs, Transport and Resources (DEDJTR), in consultation with a stakeholder-based steering committee, and in accordance with Part 3 of the Fisheries Act. It came into effect following its declaration in the Victoria Government Gazette and remains in effect for a period of at least five years or until it is replaced or cancelled in accordance with the requirements of the Fisheries Act.

The DEDJTR, in collaboration with stakeholders, will arrange an annual stock assessment workshop to review progress against the objectives of this plan.


Description of the fishery and management arrangements

Fishery area and management arrangementsThe spatial extent of the Port Phillip Scallop Dive Fishery is shown in Figure 1. The two Scallop Fishing Commercial Exclusion Zones (SFCEZ) have been identified as areas most valued by recreational fishers. The six commercial spatial management zones were established based on an amalgamation of the historical strata and the catch and effort grid system. The Scallop Dive (Port Phillip Bay) Fishery Access Licence holder has access to commercial scallops greater than or equal to 90 millimetres shell length and doughboy scallops in Port Phillip Bay with the exception of the two Scallop Fishing Commercial Exclusion Zones. Recreational fishers have access to commercial doughboy scallops throughout Port Phillip Bay subject to a 100 scallop per person bag limit.

A summary of the current commercial and recreational management arrangements is provided in .

Figure 1. Port Phillip Bay showing the commercial fishing zones and two Scallop Commercial Fishing Exclusion Zones.


Table 1. Summary of management arrangements for the Port Phillip Scallop Dive Fishery.

Feature Commercial Recreational

Legislative framework Fisheries Act 1995 Fisheries Regulations 2009 Scallop Dive (Port Phillip Bay) Fishery

Access Licence – licence conditions

Fisheries Act Fisheries Regulations

Management objectives Objectives contained in the Fisheries Act Fishery-specific management objectives

Objectives contained in the Fisheries Act

Geographical context Port Phillip Bay Commercial exclusions zones apply

Port Phillip Bay

Target species Commercial scallop (Pecten fumatus) Doughboy scallop (Chlamys asperrimus) No other species can be retained

Commercial scallop Doughboy scallop

Licence One Scallop Dive (Port Phillip Bay) Fishery Access Licence

All quota is linked to this licence

A Recreational Fishing Licence is required unless a person is exempt

Limit of 100 scallops per day

Gear Underwater breathing apparatus and hand-collection only

Underwater breathing apparatus, snorkel and hand-collection only

Total Allowable Commercial Catch (TACC)

The TACC will be managed using the established Quota Management System

Spatial Management Six zones Two Scallop Commercial Fishing

Exclusion Zones

Recreational fishers can fish throughout Port Phillip Bay except in marine protected areas.

Fishing year 1 April to 31 March the following year Year round

Legal minimum length A legal minimum length of 90mm shell length applies to P. fumatus

No legal minimum length applies to C. asperrimus

No legal minimum length

Reporting Real time reporting Daily Catch Record Book Catch Disposal Record and sales

receipts Annual Report

No reporting required

Food safety requirements The licence holder will be responsible for ensuring all food safety requirements are met prior to the sale of scallops for human consumption.

No food safety requirements

Occupational health and safety

The licence holder will be responsible for complying with relevant legislation

Responsibility of fisher

Fishery costs Costs to manage the fishery as detailed in the Scallop Dive (Port Phillip Bay) Fishery cost recovery schedule

Recreational licence fees are paid into the Recreational Fishing Trust Account which is used to fund activities that benefit the fishery.

Compliance Fisheries Regulations Licence conditions All nominated vessels will be required to

be fitted with an operational Vessel Monitoring System (VMS)

Fisheries Regulations


Sectors accessing the resource

Aboriginal

There are no Traditional Owner groups recognised around Port Phillip Bay under either the Native Title Act 1993 or the Traditional Owner Settlement Act 2010. The Victorian Government recognises that Aboriginal people have a strong connection to country that is central to their culture, both traditionally and today, and is committed to working together with the Aboriginal community and other fishing sectors to sustainably manage fish resources in freshwater and saltwater country.

The Victorian Aboriginal Fishing Strategy is focused on achieving three key outcomes:

Recognition of Aboriginal customary fishing rights for Recognised Traditional Owner Groups;

Better economic opportunities for all Aboriginal people in fishing and related industries; and

Sustainable fisheries management in collaboration with Traditional Owner Groups.

There is currently no information on catch history of scallops by Aboriginal fishers.

Commercial Access to the commercial scallop dive fishery is authorised by the Scallop Dive (Port Phillip Bay) Fishery Access Licence issued under Section 38 of the Fisheries Act. One licence is allocated for this fishery which commenced in 2014 and all quota is linked to it. The number of Scallop Dive (Port Phillip Bay) Fishery Access Licences is capped at one by the Fisheries Regulations.

The licence holder can engage one or more people to carry out any activity authorised by the licence but these individuals must be listed on the licence. The Scallop Dive (Port Phillip Bay) Fishery Access Licence is subject to all provisions under the Fisheries Act including:

The Secretary of the DEDJTR must renew the licence for a further period if the licence holder has a record of compliance with the Fisheries Act.

The licence may be cancelled if the Secretary considers that the person has ceased to be a fit and proper person to hold the licence, has ceased to satisfy any relevant eligibility criteria and/or has ceased to be actively, substantially and regularly engaged in the activities authorised by the licence.

The Scallop Dive (Port Phillip Bay) Fishery Access Licence also has the following characteristics:

The licence is transferable with the quota.

The licence is subject to any conditions that the Secretary deems appropriate and that are expressed or referred to in the licence.

Recreational Port Phillip Bay supports a large and valuable recreational fishery (Ernst and Young 2009). There is, however, very limited information regarding recreational scallop fishing in the Bay (DEDJTR 2015). Recreational fishing is popular on the south east coast of Port Phillip Bay, particularly around Rye, and around parts of the Bellarine Peninsula. Recreational scallop fishers are subject to daily bag limit of 100 scallops (P. fumatus only) per person. There is no size limit for recreationally caught scallops (DEPI 2013).

The only study that has quantitatively estimated recreational diving harvest in Victoria was the 2000–2001 National Recreational and Indigenous Fishing Survey which estimated that approximately 5.7 tonnes were harvested from Port Phillip Bay annually between 1999 and 2001 (Henry and Lyle 2003).

Other usersThere are a number of industries supplied by or reliant on the scallop fishery. This includes scuba diving businesses and charter operators that provide equipment and/or access to the scallop resource for recreational divers. In the commercial sector, there are employment opportunities for divers, vessel skippers, managers, scientists, drivers and factory hands. Businesses that supply vessels, diving equipment and associated fishery infrastructure are supported by the commercial fishery as are wholesalers, retailers, processors and restaurants. The commercial fishery supplies the domestic seafood market, with export opportunities to be explored as the fishery develops.


Legislative and policy framework

Victorian legislation and regulationThe Port Phillip Scallop Dive Fishery is managed in accordance with the Fisheries Act and the Fisheries Regulations. The Fisheries Act provides the legislative framework for managing Victoria’s fisheries resources and sets out the general provisions applicable to all recreational fishing activities and commercial access licences including the Scallop Dive (Port Phillip Bay) Fishery Access Licence.

The objectives of the Fisheries Act are:

to provide for the management, development and use of Victoria's fisheries, aquaculture industries and associated aquatic biological resources in an efficient, effective and ecologically sustainable manner;

to protect and conserve fisheries resources, habitats and ecosystems including the maintenance of aquatic ecological processes and genetic diversity;

to promote sustainable commercial fishing and viable aquaculture industries and quality recreational fishing opportunities for the benefit of present and future generations;

to facilitate access to fisheries resources for commercial, recreational, traditional and non-consumptive uses;

to promote the commercial fishing industry and to facilitate the rationalisation and restructuring of the industry; and

to encourage the participation of resource users and the community in fisheries management.

The Fisheries Regulations provide the general detail regarding the activities authorised by a recreational fishery licence and specific detail regarding authorised activities and the obligations of the Scallop Dive (Port Phillip Bay) Fishery Access Licence holder and persons acting on their behalf. In addition, there may be further conditions which will be expressed or referred to on the licence itself.

Management of the Scallop Dive (Port Phillip Bay) Fishery will be consistent with other key legislation, including, but not limited to:

Environment Protection Act (Victoria) 1970;

National Parks Act 1975;

Historic Shipwreck Act 1976;

Marine Act (Victoria) 1988;

Environment Protection and Biodiversity Conservation Act (Commonwealth) 1999;

Seafood Safety Act 2003;

Occupational Health and Safety Act 2004; and

maritime security legislation for ports and harbours.

Ecologically sustainable developmentA precautionary approach is being implemented in the development of the commercial fishery as outlined in this management plan and the baseline management arrangements prepared prior to commencement of commercial fishing.

The selective harvesting practices will have minimal impacts on the surrounding environment and other fisheries. The only species to be harvested in the Scallop Dive (Port Phillip Bay) Fishery are the commercial scallop and the doughboy scallop. No other species can be retained and the selectivity of hand-only harvest means that by-catch is insignificant. There is a small risk that limited damage to the seafloor and the organisms living on and within it could occur if divers rest on or their fins disrupt the bottom. Significant and long-term damage is, however, unlikely. Kennelly (2013) concluded that it was difficult to identify any scenario where the commercial dive scallop fishery would have a detrimental impact on the Port Phillip Bay snapper stock or fishery. The risks associated with this fishery have been assessed and the management plan has been produced to mitigate against them.


Scallop stock structure, biology and life history

Stock structure of the scallop resourceThe commercial scallop, Pecten fumatus, occurs along the coast of southeast Australia from central New South Wales through Victoria to South Australia and around Tasmania. Populations are found in Port Phillip Bay, Jervis Bay (New South Wales) and Coffin Bay (South Australia) as well as more exposed coastal waters (Young and Martin, 1989). In Port Phillip Bay, scallops occur mainly in water of 10 to 20 metres depth but they may be found considerably deeper than this in Bass Strait (Stivala 2005). Commercial scallops can usually be found at least partially buried within the sediment, with only the flat, right valve visible and frequently aggregate into beds, the orientation of which is influenced by the strength and direction of tidal current flows.

The Victorian, Bass Strait and Tasmanian forms of Pecten are a single species and possibly a single stock (Haddon et al 2006). Recent research from Tasmania suggests that there may be a mosaic of genetic stocks in the region and that genetic exchange is limited when distances exceed 300 kilometres (Sen 2011).

The doughboy scallop, Chlamys asperrimus, also occurs along the southeast coast of Australia from New South Wales to Western Australia including Victoria and Tasmania. It is smaller than the commercial scallop (maximum recorded shell length of 137mm) and both valves are convex (DEPI 2013).

Scallop biology and life historyThe commercial scallop is a functional hermaphrodite and the gonads are divided into both male and female portions. Individuals generally mature at about 12-18 months of age. Once maturity has been reached (fecundity increases with age), spawning occurs typically from June to November and there are periods within this range when spawning may peak. The timing of these peaks may vary according to location and environmental conditions but appears to be in spring in Tasmania and Victoria (Haddon et al 2006; Stivala 2005).

There is some evidence that smaller, partial spawning events that are followed by gonadal redevelopment may occur in this species (Young et al 1999). Under laboratory conditions, gonad development and spawning can be induced at any time of the year by controlling food supply and water temperature (Young et al 1989), suggesting that the timing of spawning within wild populations is controlled by environmental influences (Haddon et al 2006).

Commercial scallop larvae are planktonic and go through a number of larval stages before eventually settling and metamorphosing to the adult form. The duration of the planktonic phase is influenced by environmental factors including temperature and food availability but is generally around 30 days. Larvae initially settle by byssal attachment to filamentous weed but become free moving at about 4 to 5 millimetres shell length (Coleman et al 1997a; Stivala 2005).

The timing and duration of spat settlement varies according to location. Settlement in Port Phillip Bay occurs mainly between December and January (Coleman et al 1997a). Research suggests that as well as controls on the production and survival of larvae to metamorphosis, there are additional controls on the settlement and survival of recently settled juveniles on the seabed, such as adverse small-scale hydrodynamic processes, the absence of suitable settlement substrata and predation. There are also indications that the distribution of larvae is greatly affected by the strength and direction of winds. In calm summers, beds may be largely self-recruiting but during windy summers, settling larvae may originate from beds some distance away (Sen 2011).

In their first year of growth, commercial scallops can reach a shell height of around 60 millimetres (approximately 70 millimetres shell length; Dix, 1981; Sause et al 1987) but growth is highly variable (Fairbridge 1953; Young et al 1989). In Port Phillip Bay and in areas adjacent to Lakes Entrance, scallops can grow to marketable size in 18 months (Coleman et al 1997b). Growth variations have been attributed to food availability and density-dependent restraints (Young et al 1989). Although P. fumatus have been shown to live for up to 14 years (Fairbridge 1953), most individuals living in wild populations probably live for between 5 and 9 years, reaching sizes between 90 and 140 millimetres.

The doughboy scallop occurs in similar habitats to the commercial scallop between 1 and 136 metres deep where it remains attached to solid objects but can break its byssus and swim short distances by clapping its valves together. The doughboy scallop has separate sexes and spawning occurs between June (South Australia) and mid-October (Tasmania; DEPI 2013).

Eleven armed sea stars (Cosctinasterias calamaria), horse conchs (Pleuroploca australasia) and octopus predate on commercial scallops (Woo and Woodburn,1981; Kailola 1993) and probably doughboy scallops. Mudworm (Polydora websteri) (Dix 1981) and a number of parasites have been reported to cause mortality of P. fumatus but the impacts of these species on population levels have not been determined (Stivala 2005).


Scallops have highly variable levels of natural mortality that are attributable to density dependent food shortages, seabed bottom type, disease, environmental conditions and predation but also to inexplicable causes. Only one study has specifically investigated natural mortality in populations of commercial scallops. Gwyther and McShane (1988) reported an annual instantaneous natural mortality rate in Port Phillip Bay of 0.52 which is equivalent to an annual mortality rate of approximately 40 per cent (Sen 2011).

Scallop stock statusScallop populations are generally highly variable, with the biomass available on an annual basis heavily influenced by environmental conditions that affect recruitment and condition. Scallop stocks must be regularly assessed to ensure that harvest levels are set at levels that reduce the risks of serial and spatial depletion (DEPI 2013).

Victorian scallop stocks in 2014 were classified as undefined based primarily on assessment of the Victorian (Ocean) Scallop Fishery (FRDC 2014). The scallop abundance surveys undertaken in 2014 in four of the six Port Phillip Bay commercial fishing zones and the two Scallop Fishing Commercial Exclusion Zones were used to determine the biomass available to commercial and recreational fishers.

Based on the biomass estimates and current management arrangements, the Port Phillip Bay scallop stock would be classified as sustainable because the biomass is at a level that is sufficient to ensure that, on average, future levels of recruitment are adequate and that fishing pressure is adequately controlled to avoid the stock becoming recruitment overfished.

More information on the biological status of Victorian scallop stocks is available at: http://www.fish.gov.au/Pages/SAFS_Report.aspx.


http://www.fish.gov.au/Pages/SAFS_Report.aspx.

Monitoring and assessment

Fishery independent survey designAnnual fishery-independent surveys using a random sampling design of six strata provide an estimate of scallop abundance for the commercial scallop fishery to inform the TACC. The design of the fishery-independent surveys is based on the survey design used to estimate scallop abundance for the commercial scallop dredge fishery from 1982 to 1996. The boundaries of the strata are based on bathymetry and historical scallop abundances in Port Phillip Bay (Coleman 1998).

The number of sampling sites in each stratum is based on historical abundance with more sites allocated to those areas where scallops were previously most abundant. Fisheries Victoria, in consultation with the licence holder, will approve a minimum number of sites for each zone which are to be surveyed prior to the survey commencing.

The sites are located by using random numbers to generate pairs of grid co-ordinates. The positions thus selected are plotted until the required number of sites has been allocated in each stratum. Sampling sites are located in the field using GPS. At each survey site, two transects of 50x 1 metres are surveyed.

Scallops down to 25 millimetre shell length are brought on board the research vessel and measured to the nearest millimetre. Scallops measuring less than 90 millimetre shell length are returned to the water, but scallops of 90 millimetres or greater are measured and weighed for each 50 metre transect prior to them being returned to the water. This information is used to determine the total number of scallops and the weight of legal scallops per 100 square metres and size-frequency information for each site.

The licence holder must make provision on board for an independent observer at the request of Fisheries Victoria.

This survey design may be refined over time by the licence holder, subject to departmental approval and in accordance, but not limited to, the following principles:

a statistician will review the properties of the data and, where possible, perform a power analysis to estimate how many survey sites would be required to obtain statistically significant comparisons over time;

the number of sites sampled per zone should be such that the standard error of the mean, a measure of precision, shall be used, noting that Coleman (1998) estimated that the standard error of the mean for 70 stratified random sites was typically 15 to 30 per cent;

5 sites will be surveyed by Fisheries Victoria in order to validate the results from the annual survey. The results from the validation survey and the annual survey will be reviewed with the licence holder; and

Annual surveys will be conducted for the life of this management plan.

Fishery-independent survey analysis and assessmentFishery-independent surveys provide fishery managers with information on density and size structure of a population. Using the size information and a known growth rate (Sause et al 1987), the number of scallops that will be of harvestable size (i.e. 90 millimetres or larger) in the season following the survey is predicted using a simple model based on the von-Bertalanffy growth equation (Gwyther and Burgess 1986).

The estimated abundance of scallops per strata is calculated as the mean number of scallops per square metre multiplied by the total area of the strata. Estimating abundance this way allows for comparisons with historical data, which is useful because it provides the opportunity to compare the abundance predicted by the survey with the actual yield of the fishery in the season following the survey. Historically, the results of the dive surveys have generally provided a high level of accuracy in predicting the quality of the following fishing season (Coleman 1998).

For the purpose of setting a TACC for the Scallop Dive (Port Phillip Bay) Fishery, the estimated abundance of scallops per zone is considered to be the same as the estimated abundance of scallops within each stratum.

Estimated biomass in each zone will be calculated using the mean weight of scallops over 90mm per 100 square metres and scaled by the area of that stratum.

For zones where the coefficient of variation (CV) of the mean available biomass is 25% or less, then 20% of the estimated biomass may be taken. For zones where the CV is greater than 25%, then 10% of the estimated available biomass may be taken.


Setting the proportion at a relatively conservative level of 10 to 20 per cent ensures sustainable harvest in the event of high mortality and/or slow growth. It also ensures, in combination with the size limits, that sufficient future reproductive potential is retained.

A variation to estimating biomass is undertaken for zone 3. The method employed between the early 1980s and mid-1990s to estimate the whole-of-bay scallop biomass for the Port Phillip Bay dredge fishery, used survey site stratification (i.e. surveys are focused on areas of high abundance/biomass) and the mean (i.e. the average of the samples). The Scallop Dive (Port Phillip Bay) Fishery, however, has separate quotas for each zone and survey site locations are not stratified (i.e. they are random) within the 10-20 metre depth zones.

The use of the mean for the Scallop Dive (Port Phillip Bay) Fishery is not a reliable parameter for estimating zonal biomass in Zone 3 because the zone covers a large area that contains many areas where there are no scallops and areas where there are high numbers. As displayed in Figure 1, a more practical way of calculating the available biomass in Zone 3 is to stratify survey sites within the zone based on expected abundance, treat the low and high density areas separately (zone 3a and 3b), and then combine the estimates to provide a total estimate for the zone.

The Zone 3 biomass will therefore be calculated using the formula:

Estimated Zone 3 biomass = (Mean biomassZone 3 X AreaZone3) + (Mean biomassZone 3a X AreaZone3a)

Fishery dependent informationFishery dependent information for the commercial scallop fishery is collected at the commercial fishing zone level through legislated reporting requirements including:

catch (i.e. landed scallops, expressed as whole weight in kilograms);

effort (i.e. bottom time in minutes); and

fishing location via VMS.

The catch limits specified for each zone ensure that effort is spread across the fishery. Catch and effort information is collected via the real-time notifications and logbook reporting. Vessel location information, including duration at each location, is acquired from the on-board vessel monitoring systems that the boats operating in the fishery are required to have.

Real time information is critical to ensure compliance with the TACC and with zone restrictions. Real time reporting allows for an up-to-date tally of catch against quota to be maintained and communicated to the Department and the licence holder. The prior-to-launching report commits the licence holder to a commercial fishing trip.

Mandatory real time reporting includes notifications by the licence holder:

prior to starting a fishing trip;

prior to landing scallops harvested under the licence; and

following landing.

Reporting is undertaken using the electronic reporting application which is being trialled in this fishery. The aim of this system is to minimise disruption to fishing, streamline reporting and reduce reporting errors.

The licence holder or person(s) acting on their behalf are also required to submit daily catch and effort reports for each fishing trip using the electronic reporting application.

Tracking catch through the supply chain and the information recorded electronically are validated using Catch Disposal Records (CDR) and sales receipts. A CDR must be completed before scallops are sold or consigned. Where catch is split between two or more purchasers at the point of landing, a separate CDR is required for each buyer. Sales of scallops beyond the point of landing must be accompanied by a sales receipt to provide evidence that the scallops came from a legal source. The Department provides CDR books to the licence holder; sale receipts must be issued in accordance with the Fisheries Regulations.

The licence holder must submit no later than 31 May each year an annual performance report in accordance with the Fisheries Regulations (Regulation 413X) outlining the performance of the fishery for the previous twelve months

This report will be published on the departmental website, (subject to the Government’s privacy policy) to provide a transparent account of the fishery progress.


Additional (non-mandatory) dataThere is also a unique opportunity to collect data at the commencement of fishing that will be invaluable in the future research and management of the species. Information from the start of exploitation provides a critical baseline of data against which the progress of the developing fishery can be compared.

This additional data could include:

additional details on catch and effort including dive depth, GPS location and catch for each dive;

size structure of the catch; and

length-to-weight relationship for the catch.

Electronic data acquisition represents a low cost method for accurate and precise geospatial monitoring of commercial catch and effort. Hand-measured data is an acceptable alternative but is slower, prone to operator error and will incur additional labour costs associated with transcribing data from datasheets into an electronic database.

Additional data analysis and assessmentFishery-dependent, geo-referenced catch and effort data logging provides highly resolved and accurate information that can be used to gauge the performance of the fishery in a spatially explicit manner. Spatial resolution is important because it provides information that can be used to address issues that may arise among competing user groups and supplements information about scallop distribution and abundance from fishery-independent surveys. Detailed catch and effort data also provides a baseline from which target and limit reference points for performance indicator(s) can be determined (e.g. catch-per-unit-effort).

Information on the size structure of the catch and of the population indicates the number of year classes that are present in the whole and the harvestable proportions of the population and thus the potential of the fishery.

Economic characteristics of the fisheryThe economic characteristics of the fishery are currently unknown as it is a new and developing fishery. Economic information will be collected consistent with the annual reporting requirements detailed in the Fisheries Regulations (Regulation 413X).

Monitoring ESDThe performance measures that will be used to track progress towards achieving the fishery management plan objectives and to ensure that it is developed in a sustainable manner are summarised in Table 2.


Table 2. Fishery level objectives, indicators, and performance measures for the Port Phillip Scallop Dive Fishery

Fishery level objective for the fishery Risk Indicator Performance measure

1. Long-term sustainability of the scallop resourceEnsure that the recreational and commercial harvest is kept within limits that are consistent with the long term sustainability of the fishery

Effect of fishery on scallop populations from harvesting for sale

Effect of fishery on scallop recruitment

Biomass Catch Size frequency

Annual biomass survey results

TACC

Allow fishing for scallops in a manner that has minimal ecological impact

Impact on other threatened, endangered and protected (TEP) species

Impact on substrate and associated biota

TEP interactions Code of practice

Number of TEP species interactions per annum

Code of Practice implemented to prevent damage on substrate and associated biota

2. Equitable resource access and useMaintain access to the fishery for recreational and commercial fishers

Interaction between recreational and commercial fishers

Biomass Catch Size frequency Spatial management Size limit (commercial)

Bag limit

Annual biomass survey results

Effective TACC process Implementation of

management arrangements

Provide for developing commercial and recreational fishing opportunities

3. Cost effective and participatory managementMaximise the economic and social benefits from the fishery to the Victorian community

Impediments to maximisation of economic efficiency by industry

Provision for job creation, operational certainty and market development

Effect of fishery on local and regional economy

Data in annual report Economic study of

recreational fishing in Victoria

Stock assessment workshop

Stakeholder participation in stock assessment and quota setting workshops

Total cost of management Economic benefit to

community

Management plan developed and reviewed by all relevant stakeholders

Ensure that the management of the fishery and the provision of associated services are efficient, effective and responsive using regulatory approaches that are enabling and incentive-based

Regulatory changes Management effectiveness

Cost recovery schedule of services

Apply the principle that users of the commercial fishery pay for the cost of services from which they benefit and for services that address risks created by their activities

Broader community (all tax payers) paying the costs for commercial fishing activities

Total cost of management

Enable participation by fishers and other relevant stakeholders in fisheries management, taking account of the respective

Management effectiveness Consultation

Fisher participation Total cost of


responsibilities of government and fishers management


Harvest Strategy

The following section outlines how the commercial fishery will be managed to achieve the specified objectives over the life of the plan.

Operational objectives1. Maintain scallop biomass at sustainable levels by ensuring the commercial harvest does not exceed 20% of the

estimated available biomass.

A conservative approach for commercial harvesting (i.e. 10 to 20 per cent of the estimated biomass per annum) is being taken during development of this fishery. Setting the harvest fraction at a relatively conservative level ensures the harvest remains sustainable in the event of high mortality and or slow growth. It also ensures, in combination with size limits, that sufficient reproductive potential is retained and accounts for the vulnerability of scallops, which are sedentary and aggregated in beds, to fishing (DEPI 2013). The commercial legal minimum size limit has therefore been set at 90 millimetres to ensure that the majority of harvested scallops have spawned one to two times.

Stock performance indicators Performance indicators measure and track the performance of the stock against the operational objectives.

The primary performance indicators include:

1. Average estimated available biomass (of scallops 90mm or larger) managed by zone; and

2. Total allowable commercial catch and zonal quotas.

Additional data collected through commercial fishing activities, other relevant information and expert advice will be also be considered at the annual stock assessment and TACC forum to inform the recommended TACC.

Reference points Reference points are the benchmarks of performance.

The target reference point defines the level or value of an indicator that is considered ideal or desirable and at which management should aim.

Trigger reference points are the level or value of an indicator at which a change in management is considered or adopted.

Table 3 Stock performance indicators and reference points

Performance indicator

Type Frequency Target reference Trigger reference

TACC ceiling1

Available biomass Calculated from annual FIS

Annual FIS of commercial fishing zones (July – October)

10-20% of estimated biomass (with a coefficient of variation (CV2) ± 25%)

Commercial catch data

Actual Real time reporting of fishing activities

75 % or greater of TACC to be harvested in each fishing year

Total allowable commercial catch

Annual TACC cannot exceed 750 t

1 The TACC ceiling is a condition of the current fishery management plan and may be revised in future management plans2 The CV is defined as the standard error over the mean and expressed as a percentage


Level of riskA conservative approach for commercial harvesting is being taken during development of the commercial fishery with a maximum harvest of 10-20% of the average estimated biomass or 750 tonnes, whichever is lower. The TACC ceiling only applies for this five year management plan.

Monitoring stock performanceMonitoring of stock performance occurs through the annual biomass survey and the collection of fishery dependent data. Current monitoring and assessment arrangements are detailed in the monitoring and assessment section of this management plan.

Further requirements for data collection, analysis and assessment may be required when the fishery is fully developed and these are provided in Appendix A.

Management decision rulesThe commercial fishery will be developed using a staged approach in which the annual abundance survey is the cornerstone. The annual abundance survey will be used to determine the six zonal quotas subject to the following rules:

the harvest fraction will be 10 percent of the mean biomass of scallops equal or greater than 90 millimetres in a zone if the coefficient of variation, a measure of the precision of the data, for that zone is greater than 25 per cent;

the harvest fraction will be 20 percent of the mean biomass of scallops equal or greater than 90 millimetres in a zone if the coefficient of variation for that zone is 25 per cent or less; and

the zonal quota will be two tonnes if an annual abundance survey was not undertaken for a zone.

The zonal quotas will be added to establish a ‘biomass envelope’ for the coming fishing year. The TACC each year must remain within the biomass envelope.

The licence holder will receive an increasingly greater proportion of the biomass envelope subject to:

the harvest of at least 75 per cent of the TACC in the previous fishing year; and

a maximum TACC of 750 tonnes a fishing year (except 2016/17 where the maximum TACC is 250 tonnes).

The maximum TACC for Year 1 (2016/17) will be 250 tonnes. Seventy-five per cent of 250 tonnes, or 188 tonnes, must be harvested in Year 1 for there to be a TACC increase in Year 2.

If biomass estimates for Years 2 to 4 results in a decline in the TACC from the previous year, the per cent of the biomass envelope may be increased from the agreed amount to maintain the TACC at the same level as the previous year to the extent that it remains within the biomass envelope.

This process is summarised in the following table:

Year 1 2016/17

Year 2 2017/18

Year 3 2018/19

Year 4 2019/20

Year 5 2020/21

Per cent of the biomass envelope 65 75 90 100

Per cent of the TACC that must be harvested to obtain an increase in the proportion of biomass envelope

75 75 75 75 75

The licence holder may propose that the TACC be distributed amongst the six commercial zones provided that the distribution does not exceed each zonal quota. Seasonal redistributions must be proposed prior to the start of consultation on the draft further quota order and will remain in place for that fishing season.


Annual TACC setting process and timeline The following table details how the TACC will be set each year and the timelines for this to occur.

Action Timeframe3

Licence holder undertakes the collection, analysis and assessment of fishery information according to requirements detailed in this management plan

June – September (or sooner if available)

The results of the analysis and assessment are used to formulate a request for change in the TACC. The data, analyses and assessment are provided to DEDJTR for review and audit

mid-October (or sooner if available)

Licence holder submits application to DEDJTR for a change in the TACC. The application will include a nomination detailing how the TACC will be divided amongst the zones.

DEDJTR convenes an annual stock assessment and TACC advisory forum with all relevant stakeholders.

All of the available information on commercial and recreational fishing, and stock status will be presented at the annual stock assessment and TACC advisory forum, including the performance indicators used to measure and track the performance of the stock against the operation objectives, other relevant data, information and expert advice.

November (or one month after receipt of data, analysis and assessment)

DEDJTR prepares a draft further quota order for statutory consultation (minimum 2 weeks), with the quota for each zone included.

10 business days after the TACC Forum and before 15 December (note that no statutory consultation occurs from 15 Dec – 15 Jan)

The Minister (or delegate) makes a decision regarding the TACC, following consideration of all available information and consultation submissions

January

Annual TACC gazetted and published on DEDJTR’s website. DEDJTR writes to all stakeholders to inform them of the decision.

January

3 All efforts will be made to ensure that a decision is made within the agreed timeframes however there is some flexibility in the delivery dates but time is of the essence.


Acknowledgements

DEDJTR would like to thank the following organisations for their contribution to the development of this management plan for the Port Phillip Scallop Dive Fishery:

Stakeholder Stakeholder group Role

Bruce Kefford Chair

Seafood Industry Victoria Commercial fishing Steering Group member

VRFish Recreational fishing Steering Group member

Port Phillip Scallops Pty Ltd Commercial fishing Licence holder, Steering Group member


References

Coleman, N. 1998. Counting scallops and managing the fishery in Port Phillip Bay, south-east Australia. Fisheries Research 38, 145-157.

Coleman, N., Walker T.T. and Peters, B.B. (Eds) 1997a. Scallop – 1995. Compiled by the Scallop Stock Assessment Group. Fisheries Victoria Assessment Report No.6.

Coleman, N., Walker T.T. and Peters, B.B. (Eds) 1997b. Scallop – 1996. Compiled by the Scallop Stock Assessment Group. Fisheries Victoria Assessment Report No.10.

DEPI. 2013. Commercial Scallop Dive Fishery (Port Phillip Bay) Baseline Management Arrangements. The Department of Environment and Primary Industries, Melbourne. November 2013.

DEDJTR 2015. TACC Setting – Scallop Dive (Port Phillip Bay) Fishery, Consultation Paper, The Department of Economic Development, Jobs, Transport and Resources.

Dix, T.G. 1981. Preliminary experiments in commercial scallop (Pecten meridionalis) culture in Tasmania. Tasmanian Fisheries Research. 23: p18.

Ernst and Young 2009. Economic Study of Recreational Fishing in Victoria for VRFish, 20 November 2009.

Fairbridge, W.S.1953. A population study of the Tasmania “commercial” scallop, Notovola meridionalis (Tate) (Lamellibrancuiata, Pectinidae) Aust. J. Mar. Freshw. Res. 4, 1-41

FRDC. 2014. Status of Key Australian Fish Stocks 2014. Fisheries Research and Development Corporation. Canberra. www.fish.gov.au

Gwyther, D. and Burgess, D. 1986. Abundance of scallops in Port Phillip Bay and predictions of yields for the 1986 season. Department of Conservation, Forests and Lands, Victoria. Marine Science Laboratories Technical Report 59, 18pp.

Gwyther, D & McShane, P.E. 1988. Growth rate and natural mortality of the scallop Pecten alba Tate in Port Phillip Bay, Australia, and evidence for changes in growth rate after a 20-year period, Fisheries Resources, 6: 347–361.

Haddon, M, Harrington, J.J and Semmens, J.M. 2006. Juvenile scallop discard rates and bed dynamics: testing the management rules for scallops in Bass Strait, final report to the Fisheries Research and Development Corporation, project 2003/017, Tasmanian Aquaculture and Fisheries Institute, University of Tasmania, Hobart.

Henry, G. and Lyle, J. 2003, The national recreational and indigenous fishing survey, Australian Government Department of Agriculture, Fisheries and Forestry, Canberra. Project No. 1999/158.

Kailola PJ, Williams MJ, Stewart PC, Reichelt RE, McNee A and Grieve C. 1993.Australian fisheries resources. Bureau of Resource Sciences, Australia & Fisheries Research and Development Corporation. 422 p.

Kennelly, S. 2013. Review of potential interactions between snapper and the proposed commercial scallop dive fishery in Port Phillip Bay, May 2013

McShane, P.E. and Lester, R.J.G. 1984. The occurrence of a larval nematode in Pecten alba Tate from Port Phillip Bay, Victoria, Marine Science Laboratories Technical report No. 37.

Sanders MJ and Lester R 1981. Further observations on a bucephalid trematode infection in scallops in Port-Phillip Bay, Victoria. Aust J Marine Freshwater Res 32: 475–478

Sause, B.L., Gwyther, D. and Burgess, D. 1987. Larval settlement, juvenile growth and the potential use of spatfall indices to predict recruitment of the scallop Pecten alba Tate in Port Phillip Bay, Victoria, Australia. Fisheries Research 6, 81-92.

Sen, S. 2011. Options for improving management of the commercial scallop resource in southeast Australia, Fisheries economics research and management, December 2011.

Sloan, S., Smith, T., Gardner, C., Crosthwaite, K., Triantafillos, L., Jeffries, B. and N. Kimber 2014. National Guidelines to develop fishery harvest strategies. FRDC Report - Project No. 2010/061. Fisheries Research Report. Primary Industries and Regions, South Australia.

Stivala 2005. Statement of management arrangements for the Victorian Commercial scallop (Pecten fumatus) fishery, Fisheries Victoria October 2005.


Woo and Woodburn, 1981. Stock assessment of the commercial scallop Pecten Alba Tate in Port Phillip Bay, Victoria, January 1981. Commercial Fisheries Report No. 3.

Young, P.C., and Martin, R.B. 1989. The scallop fisheries of Australia and their management, Reviews in Aquatic Sciences, 1: 615–638.

Young PC, West GJ, McLoughlin RJ, Martin RB (1999) Reproduction of the commercial scallop, Pecten fumatus, Reeve, 1852 in Bass Strait, Australia. Marine and Freshwater Research 50 (5) 417-425.


Appendix A: Data collection, analysis and assessment for a fully developed commercial scallop fishery

Prior to the commencement of the Scallop Dive (Port Phillip Bay) Fishery a set of precautionary baseline management arrangements were developed (DEPI 2013). Development of the fishery was (and is) dependent on the licence holder investing in the collection of fishery information that supports less conservative arrangements. Level 1 (fishery commencement) requirements included collection of mandatory fishery dependent data. Level 2 (current management arrangements) require Level 1 data plus annual fishery independent surveys and are described in this management plan. Level 3 requirements are provided below for when the fishery is fully developed.

Level 3: Data collected at Levels 1 and 2 plus modelling to assess stock status

The fishery at Level 3 is represented by a time series of high quality data (fishery-dependent and fishery-independent data) and a robust quantitative assessment. At this level, there is the least uncertainty regarding stock status and yield from the fishery is optimised. This level also represents the highest cost to the licence holder as it has high data collection and analysis requirements.

Modelling can be used to assess stock status, to determine management targets or limits, and to provide probabilities of desirable or undesirable outcomes of fishing given different management strategies.

Several models are available to provide assessment advice for fisheries management, including surplus production and dynamic pool (e.g. yield per recruit) models and virtual population analyses. Information requirements, assumptions, advantages and disadvantages are itemised and discussed by Perry et al. (1999).

Initially, the simple deterministic yield model developed by Gwyther and Burgess (1986) for the scallop dredge fishery could be modified, implemented and progressively refined. This model incorporates growth and allows for the seasonal increase in scallop condition during the autumn-winter period. Biomass estimates, monthly dry meat weights and length-to-weight morphometric parameters are inputs for this model that uses the von Bertalanffy growth function and assumptions about natural mortality to estimate the amount that can be taken each month. The main output of the model is a daily catch limit per vessel that can be converted to a monthly catch allocation as a means of temporally distributing the TACC to maximise meat yield from the catch.

This method was designed to leave a residual stock of 70 million scallops on the seabed at the end of each season. Whether or not the figure of 70 million scallops should still apply is equivocal and, like all new measures of performance, would need to be tested as data accumulate during the development of the fishery. Nevertheless, at least initially, the requirement for a residual mature biomass of 70 million scallops should be retained as a safety net.

The application of any model will need to be preceded by exploratory data analysis to determine if the input data satisfy assumptions and conform to limitations imposed by its structure. Inclusion of an appropriate natural mortality rate for the season will be critical to ensuring that model outputs result in a TACC that is commensurate with current stock status.

Any modelling for the fishery must be undertaken by person/s with the appropriate expertise so the licence holder will need to engage consultants at their own expense. As noted earlier, the Department will require an audit of the data, analyses and assessment so it is in the licence holder’s best interests to ensure that the collection, analysis and assessment of fishery information is done correctly. The Department can provide ongoing guidance to assist in the process.


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