Bag and size limits

Aquatic Reserves

Intertidal protected areas

Community education

New South Wales Fisheries’ responsibilities under the Fisheries Management Act 1994 cover not only fisheries management, including the establishment of bag and size limits for certain marine species, but also establishing and managing two types of marine protected areas. Aquatic Reserves are permanently designated areas where varying levels of fishing are permitted. Intertidal Protected Areas are areas of temporary fishing closure. Fisheries Officers from NSW Fisheries police and enforce all fisheries regulations (bag and size limits, illegal fishing gear etc.) and reserves. The degree of compliance is related to the Department’s enforcement and education efforts.

Bag limits were first introduced in 1988, defining the volumes of intertidal invertebrates that could be taken in NSW, a four page NSW Fisheries document (Lynch and Prokop 1993) outlines current bag and size limits for intertidal invertebrates. The limits set in 1988, although generally obeyed, were found to be ineffective in controlling harvesting activities and have since been reduced. Some observers consider that the limits are still too high to maintain stocks of intertidal species. The main problem with the regulations are that large groups of people all collect from the same site on the same low tide. Even if all of them collect within their legal limit (which is not always the case), the cumulative impact can be significant. Additionally, since many of these groups are from non-English speaking backgrounds, providing the necessary interpretation and education material is difficult. Fisheries Officers experience considerable difficulties with determining whether these members of the public are aware of the regulations, and with enforcing them. There have also been conflicts between local residents concerned with the conservation of intertidal flora and fauna and collectors, occasionally leading to violence.

NSW Fisheries manages eight aquatic reserves established under sections 194-197 of the Fisheries Management Act 1994. They are permanently designated sites, and cannot be revoked without the approval of both houses of State parliament. The majority was established in the early 1980’s following pressure from various local lobby groups. Their size varies, but all but three reserves are less than 80 hectares. One (Towra Point Aquatic Reserve) has multiple zones, all the others are generally ‘no-take’ areas, but commercial fishing is permitted in some reserves and not others. There is potential for confusion among members of the public over the scope of the regulations for each reserve. NSW Fisheries is currently reviewing each of the reserves to determine whether it is possible to simplify the regulations and make each reserve fully ‘no-take’ (including no fishing).

 Intertidal protected areas

Concern grew in the late 1980’s over the extent of harvesting intertidal invertebrates on the majority of rock platforms in the Sydney Metropolitan Region. This concern was community driven, with supporting evidence from local Fisheries Officers and researchers from local Universities. NSW Fisheries released a discussion paper outlining the problem and possible solutions for public comment in 1991, and 107 submissions were received. One option was the creation of ‘protected areas’ within which the collection of all intertidal invertebrates was to be prohibited. This was the origin of Intertidal Protected Areas (IPAs).

IPAs are a temporary fishing closure under section 8 of the Fisheries Management Act 1994 and can be revoked at any time by the Minister for Fisheries by written consent. They have a maximum life of five years, after which time they are reviewed and may be renewed for a further five years. Fourteen IPAs within the Sydney Metropolitan region were gazetted in July 1993, and have been renewed by NSW Fisheries until 31 December 1999 to provide time to review their location, enforcement, education, effectiveness etc. The review should commence at the end of 1998.

IPAs protect all rocky intertidal habitats, from the mean high water mark to 10 metres horizontally seaward of the mean low water mark. The collection of all intertidal invertebrates (whether for food or bait) is strictly prohibited within IPAs. An exception is made for the collection of abalone and rock lobsters, valuable commercial fishery species that already have strict quotas and management regimes in place. Fishing is permitted in IPAs provided anglers bring their bait with them to the site. IPAs are located between areas of unprotected rock platforms, to allow anglers to collect bait locally. Enforcement is carried out by NSW Fisheries Officers, supplemented by support from several Local Government or Council rangers who have limited authority to enforce IPAs under the Fisheries Management Act. The latter are involved in management as a result of local ratepayers’ and Council concerns over IPAs within their local jurisdictions.

Sydney University undertook a three year study into the effectiveness of IPAs in the Sydney Region, following their protection in 1993 (Chapman and Underwood 1997). The study did not identify any changes in abundance or size-frequencies of populations of particular species, nor changes to the mid- and low-shore assemblages that could be attributed to protection of these populations in IPAs. Collection of animals in the two IPAs examined and public knowledge about IPAs did not improve during the study. Evidence was that the IPAs were ineffectively protected. Declaration of an IPA made no difference to the numbers of people foraging and taking bait, nor to the numbers who knew that this was no longer allowed. There was no public education apart from the few small signs in the IPAs. Provision of inspection or surveillance of IPAs by NSW Fisheries did not appear to be effective, possibly due to lack of resources. The overall conclusion was that those who use the rocky shores as places to kill animals for bait and food were not treating IPAs as protected areas. The main reason for the failure of the IPAs was considered to be the result of limited, if any, enforcement and education effort by NSW Fisheries.

One local Council in the Sydney area developed a successful way of informing the community about the need for IPAs and the role of intertidal habitats, and spread its message to other local government areas. "Project AWARE on the Rocks" involves training a group of interested community members about intertidal issues in return for them conducting 20 hours of community outreach work. NSW Fisheries provides written resource materials and gives formal talks to the volunteers. At no time are the volunteers involved in policing or enforcement of the regulations but are involved primarily in the education of the local community about the local intertidal environment. The group has also identified the origins of many of the ethnic harvesters in the Sydney Region and is conducting programmes to reach these communities.

The success of the IPAs and aquatic reserves is very much reliant on the attitudes and support of the local community (which is dependent on education) and the availability of resources to make sure that these areas are successful. If the public are made aware of the reasons for closing or protecting certain areas of the coast and are involved in the process of identifying potential areas they are more supportive of any measures that are taken to ensure that protection is implemented. The more successful IPAs are generally located in local government areas where local residents and the local council support protection of the local intertidal environment, rangers assist with enforcement, and NSW Fisheries officers are located sufficiently close to deal with any breaches of the regulations.

Apart from the issue of ethnic harvesters, the other main source of opposition over aquatic reserves and IPAs is recreational anglers’ perception that they are being targeted by fisheries managers trying to dictate where they can and cannot fish. Commercial fishermen only become concerned where their fisheries are conducted in the subtidal region immediately adjacent to intertidal areas. There is a perception that environmental designations may be a token effort to appease certain lobby groups and members of the public. This may be overcome if the closures are either permanent, or given sufficient resources and commitment to ensure that they work effectively.

Acknowledgements: The above information was provided by Michelle Perry, New South Wales Fisheries, Sydney, Australia.

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