Flinders Aquaculture Fisheries Reserve Management Plan

December 2005

Fisheries Victoria Management Report Series No. 32

ISSN: 1448-1693

ISBN: 1 74146 666 0

Preferred way to cite this publication:

Department of Primary Industries (2005). Flinders Aquaculture Fisheries Reserve Management Plan. Fisheries Victoria Management Report Series No. 32.

Executive summary

The purpose of the Flinders Aquaculture Fisheries Reserve Management Plan (hereafter also referred to as 'the Plan') is to specify the policies and strategies for managing activity within the Flinders Aquaculture Fisheries Reserve (FAFR).

The Plan has been prepared under the requirements of the Fisheries Act 1995 (the Fisheries Act) and has been developed in accordance with Ministerial guidelines. The Plan prescribes management arrangements for the FAFR within a framework of Ecologically Sustainable Development (ESD).

The FAFR consists of existing aquaculture operations and a greenfield extension. The FAFR is 440 ha located offshore from the township of Flinders. The FAFR includes an established and developing aquaculture industry. The Plan provides for the management and expansion of this industry in an ecologically sustainable manner within the FAFR.

The FAFR was declared a fisheries reserve under the provisions of the Fisheries Act on 6 March 2003.

The scope of the Plan is limited to FAFR and the immediate environs. The Plan is also constrained by the provisions of the Fisheries Act; the Victorian Government response to the recommendations of the Environment Conservation Council (ECC) in the final report of their Marine Coastal and Estuarine Investigation (2000); the Ministerial guidelines issued in respect of the preparation of the Plan; and other legislation and policy.

The vision of the Plan is

"the development of environmentally sustainable, economically viable and socially equitable marine aquaculture at the FAFR that contributes a significant commercial supply of high quality seafood."

To assist in achieving this vision, the Plan has four goals:

• maintenance of the ecological sustainability of the natural resources being utilised;
• the development and growth of an efficient, effective and economically viable aquaculture industry;
• management of the FAFR, reflecting the expectations of other users of the marine environment; and
• clear, transparent and cost-effective management.

The Plan prescribes a range of ecological, economic, social and governance objectives and strategies that reflect the goals of the Plan. To achieve these objectives, the Plan prescribes comprehensive performance indicators, reference points and management triggers.

The Plan also prescribes a suite of management actions including:

• transitional arrangements, where appropriate, for existing licence holders within the FAFR;
• aquaculture licensing arrangements including the development of classes of aquaculture licences specific to the FAFR;
• Crown leasing arrangements for the FAFR consistent with the Victorian Aquaculture fisheries reserves - leasing and licensing policy;
• an environmental management framework including baseline surveys to be undertaken by Crown lease holders for greenfield sites, an ongoing monitoring program to be undertaken by aquaculture licence holders, and auditing and reporting requirements;
• the requirements for compliance with the relevant translocation guidelines;
• the use of artificial feeds subject to demonstration that such feeding meets the requirements of the State Environment Protection Policy (Waters of Victoria) 2003(SEPP);
• no commercial culture of finfish for the life of the Plan;
• general public access to FAFR;
• restrictions on non-aquaculture activities within the FAFR;
• the requirement for Fisheries Victoria, Department of Primary Industries (DPI) to survey and provide navigation marking for the FAFR, and the requirements for Crown lease holders to survey and provide navigation marking for Crown leases within the FAFR;
• uniform requirements for size, shape and colour of surface infrastructure, and provisions for attachment;
• the development of an industry code of practice addressing noise and lighting, and waste management;
• a maximum allocation of 50% of the FAFR for bivalve shellfish aquaculture and a maximum of 500 m of longline backbone per ha;
• development rates determined by Fisheries Victoria in consultation with the relevant stakeholders on a case by case basis with reference to their development plan;
• allocation of a research and development site within the FAFR as required on the basis of strategic research and development needs within the FAFR;
• a requirement that holders of Crown leases and existing licence holders within the FAFR hold public liability trespass insurance to a minimum value of A$10 million; and
• a requirement that holders of Crown leases provide a bond or bank guarantee for the removal of aquaculture equipment.

Other issues covered in the Plan include:

• the reporting of exotic marine organisms and disease;
• production reporting for the FAFR;
• a process for designing the Crown lease dimensions and orientation within the greenfield area of the FAFR; and
• ownership of stock on the seafloor.

The Plan will provide the basis for the management of the FAFR for a period of three years and, prior to its expiry, the Plan will be reviewed.

Implementation of the Plan will require actions by Government in respect of certain policy matters, by Department of Primary Industries in respect of day-to-day management, and by other stakeholder entities. To this end the Plan includes a detailed implementation section addressing key actions of the Plan.

Introduction

The purpose of the Flinders Aquaculture Fisheries Reserve Management Plan ('the Plan') is to specify the policies and strategies for managing activity within the Flinders Aquaculture Fisheries Reserve (FAFR).

The Plan prescribes management for the FAFR which provides for a significant commercial supply of high quality seafood within a framework of Ecologically Sustainable Development (ESD).

The Plan has four goals:

• maintenance of the ecological sustainability of the natural resources being utilised;
• the development of an efficient, effective and economically viable aquaculture industry within the FAFR;
• management of the FAFR reflecting the expectations of other users of the marine environment; and
• clear, transparent and cost-effective management.

The Ministerial guidelines for the preparation of the Plan were published in the Victoria Government Gazette on 31 July 2003 and are shown in Appendix 1.

To assist the reader, a list of acronyms and abbreviations used throughout the text is provided in Appendix 2 and definitions of terms are provided in Appendix 3.

The implementation of the Plan will be facilitated by the development of policies and tools.

Overview of offshore marine aquaculture in Western Port

All offshore marine aquaculture within Western Port (WP) occurs within the FAFR. A summary of aquaculture activity in the FAFR is provided in the Plan in the section titled 'Overview of aquaculture activity in the Flinders Aquaculture Fisheries Reserve'.

Government approved recommendations of the Environment Conservation Council's Marine Coastal and Estuarine Investigation

A major factor identified as limiting marine aquaculture development in Victoria was a lack of access to suitable sites in marine waters. To address this and other issues, the Environment Conservation Council (ECC), at the request of the Victorian Government, completed an investigation of the State's marine, coastal and estuarine areas. Following extensive research, consultation and consideration of environmental, social and economic implications, the ECC prepared recommendations on a system of marine protected areas and areas suitable for marine aquaculture in their final report (ECC 2000).

In their final report the ECC recommended 12 marine aquaculture zones, including two land based zones, in areas that have demonstrated successful aquaculture performance or growth of target species in the past or, on advice from Fisheries Victoria and industry, would be suitable for target species. The zones total 2682 ha, including 983 ha of currently farmed area. The ECC also recommended that each aquaculture area be subject to preparation of a management plan. It was noted by the ECC that sites within recommended marine aquaculture zones not be allocated prior to the development of management plans (recommendation 41). The Victorian Government has endorsed all the recommendations of the ECC for marine aquaculture, including the 12 marine aquaculture zones.

The Victorian Government response to the recommendations of the Final Report of the ECC's Marine Coastal and Estuarine Investigation (2000) for marine aquaculture is provided in Appendix 4.

Flinders Aquaculture Fisheries Reserve

The Flinders Aquaculture Zone, was declared a fisheries reserve by Order in Council in accordance with section 88 of the Fisheries Act 1995 (the Fisheries Act) on the 6 March 2003. Under the Fisheries Act a management plan must be prepared in respect of a fisheries reserve as soon as possible after the fisheries reserve is declared.

Attributes of the Flinders Aquaculture Fisheries Reserve

A detailed description of the attributes of the FAFR is provided in Appendix 5, a summary of that description is provided in this section.

Location

The location of the FAFR is shown in Figure 1.

The FAFR is 440 ha comprising an established harvesting area (350 ha) and a greenfield extension (90 ha) to the area. The established harvesting area is located approximately 0.3 km offshore (east) from the township of Flinders on the Mornington Peninsula and the greenfield extension joins the eastern boundary approximately 0.7 km offshore. The original Flinders aquaculture harvesting area was 400 ha, however 50 ha was excised from the northwest corner due to unsuitable physical characteristics for aquaculture.

The FAFR has the following coordinates:

*Note: E and F are bends on the western boundary of the FAFR.

Bathymetry and sediment characteristics

Water depth at the FAFR ranges from 7 to 11 m. The sediment predominantly consists of fine to medium-grained sand (Appendix 5).

Benthic fauna, epifauna and epiflora

The benthic fauna of the FAFR consists of numerous species, dominated by low densities of molluscs of the family Condylocardiidae and crustaceans of the class Ostracoda (Appendix 5).

Sparse distributions of the seagrass species Heterozostera tasmanica and Amphibolis antarctica, and various taxa of macroalgae are located within the southern boundary of the FAFR. Epifauna taxa within and beyond the southern boundary of the FAFR are distributed in relation to sediment grain size. As the quantity of rubble increases in a southerly direction Heterozostera tasmanica is replaced by Amphibolis antarctica, which is then replaced by various taxa of macroalgae from the phyla Chlorophyta, Phaeophyta and Rhodophyta. (Appendix 5)

Currents, wind and waves

The FAFR is subject to daily tidal flushing that generates considerable mixing and exchange of water with both WP and Bass Strait. Current meter studies indicated that mid-water currents were typically around 0.6 m/s in spring tide conditions, subject to local topographic conditions, and that oceanic water from Bass Strait was drawn into WP on the western side of the Western Entrance during flood tides.

The predominant winds at Crib Point, from 1971 to 1973, approximately 22 km northeast of the FAFR were from the south (18%), the north (17%) and the northwest (16%). The most common wind speed range was 10-18 km/h (40%) followed by less than 9 km/h (32%) and 19-28 km/h (15%), 2837 km/h (7%) and greater than 37 km/h (3%)

Figure 1: Flinders Aquaculture Fisheries Reserve

The FAFR is affected by swell from Bass Strait in addition to wind-waves. In general swell waves from the south and southwest predominate, affecting the eastern and central parts of the FAFR to a greater extent than the inshore western edge. Wave conditions in the protected western corner of the FAFR will experience significant wave heights in the order of 1 m whilst the more exposed north-eastern section of the reserve may experience significant wave heights in the order of 2 m (Appendix 5).

Water quality

The FAFR is monitored under the Victorian Shellfish Quality Assurance Program (VSQAP) and has been classified as 'Conditionally Approved', the second highest classification in the Australian Shellfish Quality Assurance Program (ASQAP). Conditionally Approved shellfish harvesting areas must meet the requirements of the Australian Shellfish Quality Assurance Program Operations Manual (ASQAAP 2002), for shellfish harvested in that area to be available for human consumption. Fisheries Victoria has recently finalised a comprehensive sanitary survey for the FAFR and is seeking accreditation for export of shellfish harvested from the FAFR.

Food safety standard of product at harvest from the FAFR is assured through precautionary closures based on rainfall and phytoplankton triggers (Appendix 6). The mean annual rainfall for the Flinders area is 894 mm.

Marine shellfish contamination events are commonly rainfall driven. Three minor streams, Dodds Creek, Mantons Creek and Stony Creek flow towards the FAFR. These streams have been shown to result in contamination of the FAFR during rainfall events.

The discharge point for the Eastern Treatment Plant (ETP) outfall at Boags Rocks is approximately 20 km west-northwest from the FAFR. Discharges from the ETP outfall can disperse into WP; however there has been no known contamination of mussels at the FAFR from this source.

Access and serviceability

The FAFR is serviced by the Flinders Jetty (approximately 1 km southwest), which has mooring and vehicle access. Shore-based infrastructure is beyond the scope of this Plan. However, further provision for and development of shore-based infrastructure may be investigated in consultation with the appropriate stakeholders and other bodies.

Overview of aquaculture activity in the Flinders Aquaculture Fisheries Reserve

Marine aquaculture in WP is conducted in the FAFR. The aquaculture industry in the FAFR was established in 1985 (Arnott et al. 2000), with longline culture of blue mussels (Mytilus edulis) the predominant activity. The blue mussel is a filter feeding bivalve shellfish widely distributed throughout southern Australia. Victorian blue mussels are renowned for their tender flesh and delicious flavour.

The sizes of licensed mussel harvest sites¹ ranges from 3 to 22.8 ha. Currently there are 11 aquaculture licences authorising harvest of mussels for human consumption in a total of 107 ha of the FAFR. There are five licences authorising the cage culture of abalone in a total of 15 ha and two aquaculture licences authorising mussel culture for bait (not for human consumption) within 18 ha of the FAFR. The licensed abalone sites and undeveloped areas are interspersed between licensed mussel sites.

At present surface longlines are the predominant commercial aquaculture equipment used in the FAFR. Surface longlines consist of anchors ropes and floats. The rope is usually around 100 m in head line length, with a series of floats supporting the central section of the rope from which mussels are suspended on droppers. The number and size of the floats are dependent on the weight of the culture equipment and tidal drag on the longline.

The FAFR provides farmers with the benefits of harvest timing due to the geographical diversification of the FAFR relative to aquaculture reserves in Port Phillip Bay (PPB).

In 2003/4 the Victorian mussel aquaculture industry, based in WP and PPB, produced approximately 1100 tonnes of mussels, worth over $3.1 million, and is the largest mussel production industry in Australia. Mussel farming is predominantly based on natural settlement of spat, with spat collection undertaken in PPB during winter.

Mussels are harvested after 15-18 months growout on longlines, and fetch between $1.80-2.50/kg wholesale. Most product is harvested for human consumption and sold live in the shell on the domestic market, however recently small volumes of mussels have been exported. Further processing and value-adding, including smoked, marinated and vacuum packed product, is being investigated by the industry. Some mussels are produced for bait.

Abalone cage aquaculture is also currently undertaken in the FAFR. There are five licences authorising the cage culture² of abalone within 15 ha within the FAFR. Aquaculture licences authorising cage culture of abalone were first issued in the FAFR in October 1998. Up to June 2003 no commercial sales of abalone have occurred from these licensed sites.

Other users of the Flinders Aquaculture Fisheries Reserve and environs

Other current and potential users of the FAFR and environs include:

• commercial shipping;
• recreational boating, fishing and diving;
• charter boat operators; and
• commercial fishing.

Commercial shipping

The Victorian Regional Channel Authority (VRCA) manages commercial navigation channels in WP. The FAFR is located 6.4 km west of the Western Channel, the primary channel for commercial shipping in WP. The FAFR is not located within commercial navigation channels, however a small area in the southeast of the FAFR is within VRCA jurisdictional waters.

Recreational boating

Waters around Flinders are popular for recreational boating, and yachting regattas are commonly held throughout WP. Aquaculture has been undertaken within the FAFR since 1985. There have been no reported issues in relation to recreational boating during this time. The 90 ha extension to this zone is not anticipated to have any significant additional impact on recreational boating activity in WP.

Recreational fishing

Recreational fishing is regarded by many in Victoria as one of the most important uses of WP. The key recreational species in the Flinders area are King George whiting (Sillaginodes punctata), elephant fish (Callorhynchus milii), snapper (Pagrus auratus), sea garfish (Hyporhamphus melanochir), yellow eye mullet (Aldrichetta forsteri) and southern calamari (Sepioteuthis australis). The location of the FAFR will not impact upon shore-based fishing and does not contain fishing areas that are unique in WP. Since the commencement of aquaculture within the FAFR in 1985, there have been no reported issues in relation to recreational fishing. The 90 ha extension to this zone is not anticipated to have any significant additional impact on recreational fishing in WP.

Recreational diving

Recreational diving is common throughout WP with divers taking part in a range of activities including reef dives, photography and collection of fish and shellfish. The FAFR has limited appeal to recreational divers due to its lack of significant reefs or unique substrates.

Charter boat operators

The charter boat industry in WP predominantly provides recreational fishing, coastal wildlife viewing and diving services. Charter boat trips primarily target the Hastings, San Remo, Corinella, French Island and Cowes areas of WP or offshore Bass Strait. The nature of the environment within the FAFR suggests that the FAFR is not a major charter boat destination at the present time.

The charter boat operators in WP mainly focus on fishing trips in deeper waters off WP. The FAFR may provide additional features of interest on charter trips. The infrastructure to be developed for commercial aquaculture within the FAFR may attract fish, leading to increased interest by charter boat operators in the future.

Commercial fishing

Victoria's bay and inlet fishery provides seafood year round valued at over $7 million (2003/4). One of the key bay and inlet fisheries occurs in PPB with an average annual value of $3 million (20002004). The key species (and the average annual landed value between 2000-2004) caught in PPB are King George whiting ($849,000), southern calamari ($419,000), pilchards ($291,000), snapper ($480,000) and southern anchovy ($258,000). These five species account for almost 80% of the PPB catch based on value.

The average annual commercial fishing catch (2000-2004) in WP was 38 tonnes with a value of $205,000. In the Flinders Bight area that surrounds the FAFR the average annual commercial fishing catch (2000-2004) was 1.9 tonnes with a value of $12,000, this data relates to large commercial fishing reporting grid areas of which the FAFR occupies 13%. Information on the WP fishery is recorded and published by Fisheries Victoria in the Commercial Fish Production Bulletin for each financial year.

Other

The Royal Australian Navy has a weapons training facility approximately 1.3 km to the south-southwest of the FAFR. The FAFR is not anticipated to have any significant impact on the activities undertaken by this facility.

Supporting documentation for the Plan can be obtained at www.dpi.vic.gov.au/fishing.

Current management arrangements

The term aquaculture is generally used to describe all types of aquatic farming, whether in fresh, brackish or sea water. The Food and Agriculture Organisation (www.fao.org/fisheries) defines aquaculture as:

"… the farming of aquatic organisms, including fish, molluscs, crustaceans and aquatic plants. Farming implies some form of intervention in the rearing process to enhance production, such as regular stocking, feeding and protection from predators."

Established industry

The FAFR includes an established aquaculture industry. The Plan provides for the management and expansion of this industry in an ecologically sustainable manner within the FAFR.

Legislative framework

A range of Government legislation and policies are relevant to aquaculture. The key Victorian legislation in regard to aquaculture development in offshore areas includes:

• Fisheries Act 1995;
• Coastal Management Act 1995;
• Land Act 1958; and
• Environment Protection Act 1970.

Fisheries Victoria is the lead agency in aquaculture development in Victoria and operates in accordance with the relevant objectives of the Fisheries Act:

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

"to promote sustainable commercial fishing and viable aquaculture industries and quality recreational fishing opportunities for the present and future generations".

To deliver on these objectives Fisheries Victoria provides the core functions of licensing, administration, policy development and management planning. In addition, Fisheries Victoria provides resources for research and development, regional extension, fish health management and shellfish quality assurance.

The purpose of the Coastal Management Act 1995 (the Coastal Management Act) is:

• to provide for coordinated strategic planning and management for the Victorian coast; and
• to provide a coordinated approach to approvals for the use and development of coastal Crown Land.

The Land Act 1958 (the Land Act) provides for the granting of leases and licences for the use of Crown Land. Section 134 of the Land Act provides for the issue of leases for non-agricultural purposes (for example aquaculture). Section 134 leases provide exclusive occupancy rights.

The Environment Protection Act 1970 (the Environment Protection Act) makes provisions for "the protection of the environment". Accordingly the Environment Protection Act provides for the regulation of discharge of waste into the environment, the prevention and control of pollution and noise, the protection and improvement of the quality of the environment, and specification of standards and criteria for the protection of beneficial uses (including aquaculture).

Aquaculture fisheries reserves

The Victorian Government has jurisdiction over marine aquaculture within the State's waters. The Government has endorsed zones within the estuarine and marine waters of Victoria for aquaculture development. These zones correspond with the zones recommended for marine aquaculture by the ECC in the final report of their Marine Coastal and Estuarine Investigation (ECC 2000). The ECC noted that it was expected that these zones be established as fisheries reserves under section 88 of the Fisheries Act. The Flinders Aquaculture Zone has been declared as a fisheries reserve for the purposes of aquaculture and a management plan is to be prepared for the FAFR under part three of the Fisheries Act.

Authorisation required to undertake aquaculture

Aquaculture activity is authorised by aquaculture licences issued under the Fisheries Act. An aquaculture licence gives an aquaculturist the right to conduct aquaculture activity in a specified area for a specified period.

Aquaculture licences list the specified area, the species of fish (as defined under the Fisheries Act) that may be farmed, the licence period (generally 12 months), harvesting restrictions and quality assurance programs, production return requirements, operational management controls and environmental management provisions.

For the purpose of the Fisheries Act an aquaculture licence is a prescribed class of renewable and transferable fishery licence. The Fisheries Act currently prescribes classes of aquaculture licences that may specify Crown Land including: Aquaculture (Crown Land - Other), Aquaculture (Crown Land - Bivalve Shellfish), and Aquaculture (Crown Land - Abalone) Licence.

An Aquaculture (Crown Land - Other) Licence authorises the licence holder, on the Crown Land and in or on the protected waters covering that land specified in the licence:

1. to use, form or create a habitat for hatching, rearing, breeding, displaying or growing fish (other than bivalve shellfish for human consumption, abalone or eels) or fishing bait specified in the licence for sale or other commercial purposes;
2. to hatch, rear, breed, display or grow fish (other than bivalve shellfish for human consumption, abalone or eels) or fishing bait specified in the licence for sale or other commercial purposes; and
3. to use commercial aquaculture equipment specified in the licence.

An Aquaculture (Crown Land - Bivalve Shellfish) Licence authorises the licence holder, on the Crown Land and in or on the protected waters covering that land specified in the licence:

1. to use, form or create a habitat for rearing or growing bivalve shellfish specified in the licence for human consumption for sale or other commercial purposes;
2. to rear or grow bivalve shellfish specified in the licence for human consumption for sale or other commercial purposes; and
3. to use commercial aquaculture equipment specified in the licence.

Holders of an Aquaculture (Crown Land - Bivalve Shellfish) Licence are required to participate in the VSQAP.

An Aquaculture (Crown Land - Abalone) Licence authorises the licence holder, on the Crown Land and in or on the protected waters covering that land specified in the licence:

1. to use, form or create a habitat for hatching, rearing, breeding, displaying or growing abalone (including a commercial quantity) specified in the licence for sale or other commercial purposes;
2. to hatch, rear, breed, display or grow abalone (including a commercial quantity) specified in the licence for sale or other commercial purposes;
3. to use commercial aquaculture equipment specified in the licence;
4. to possess abalone (including a commercial quantity) which has been hatched, reared, bred or grown under the licence at the area specified in the licence;
5. to process (other than to shuck) abalone (including a commercial quantity) which has been hatched, reared, bred, displayed or grown under the licence at the area specified in the licence; and
6. to sell abalone (including a commercial quantity) which has been hatched, reared, bred, displayed or grown under the licence at the area specified in the licence.

In accordance with the Fisheries Act, aquaculture licences are subject to any conditions imposed by the Fisheries Act, any conditions that are set out in the Fisheries Regulations 1998 (the Fisheries Regulations) and any conditions that the Secretary, DPI thinks appropriate and that are expressed or referred to in the licence. Failure to comply with a condition of a fishery licence is an offence under the Fisheries Act.

Shellfish quality assurance

The VSQAP operates within Victoria monitoring aquaculture harvesting areas from which bivalve shellfish may be harvested for human consumption. The VSQAP is the Victorian implementation of the ASQAP, an internationally recognised program. Aquaculture fisheries reserves compliant with the VSQAP may be accredited for the harvest of product for export. Fisheries Victoria is presently responsible for administering the VSQAP. The monitoring component of the program has been outsourced.

Shellfish quality assurance has occurred in Victoria since 1987. Aquaculture (Crown Land Bivalve Shellfish) Licences entitle commercial production of bivalve shellfish for the purposes of human consumption and establishes a formula for calculating an industry VSQAP levy. The industry VSQAP levy represents one-third of the total costs of administering the VSQAP program as determined by the Secretary, DPI. The levy does not apply to farmers only producing bivalve spat for the purposes of ongrowing, or bait.

At present the VSQAP monitors the FAFR. Shellfish harvesting for human consumption is regulated by harvest area closures using precautionary rainfall and phytoplankton triggers (Appendix 6). In addition, biotoxin events are managed under the Biotoxin Management Plan 2004.

Compliance

An aquaculture compliance strategy has been developed for the Port Phillip Region and includes the FAFR. The strategy identifies compliance with licence conditions and lease clauses, including infrastructure type and location, labelling, and activity undertaken within the FAFR, as a priority. Compliance with the VSQAP, and in particular harvesting closures, to protect human health is also a priority of the strategy.

Co-management

The co-management of fisheries and aquaculture within Victoria is a process involving four groups of entities. The first comprises the peak bodies: the Seafood Industry Victoria (SIV), VRFish (Victorian Recreational Fishing Peak Body), and the Victorian National Parks Association (VNPA).

The second group for marine aquaculture in Victoria comprises of existing aquaculture operators represented by bodies such as the Victorian Marine Farmers Incorporated and the Victorian Abalone Growers Association.

The next group comprises the Fisheries Co-Management Council (FCC) and its technical based committee.

The fourth group is the government agencies, including the DPI of which Fisheries Victoria is a Division.

The above co-management entities will ensure that the marine aquaculture industry is appropriately represented during consultation regarding decisions that may impact on the industry.

Preparation of the Flinders AquacultureFisheries Reserve Management Plan

Part three of the Fisheries Act provides the legislative framework for the preparation of management plans. The Fisheries Act also provides the means for the Secretary, DPI to implement the recommendations of a management plan. The Fisheries Regulations and licence conditions provide the statutory rules and licence entitlements and conditions governing commercial aquaculture.

The process for developing management plans is well defined and entails the following steps:

1. identification of relevant issues and options for addressing those issues;
2. preparation of a draft management plan addressing the issues identified and developing the options for dealing with the issues; and
3. finalisation of the draft management plan following stakeholder submissions.

The Plan was prepared by Fisheries Victoria, assisted by a standing committee comprising of representatives from key stakeholders including the peak bodies (VRFish and SIV) recognised under the Fisheries Act, the FCC, the DPI and the Department of Sustainability and Environment (DSE) (Appendix 7). The role of the standing committee was to advise the Executive Director, Fisheries Victoria, DPI with respect to the conformance of the Plan with the requirements of the Fisheries Act and the Ministerial guidelines, and to respond to community consultation on the draft Plan.

The issues that are presented in the Plan have been identified from other management plans in Victoria, other states and countries, consultation with industry and government agencies, and other documentation such as policies, plans, research reports and risk assessment.

The issues addressed include the requirements of the Fisheries Act, Ministerial guidelines issued in respect of the fisheries reserves and emerging issues. In cases where a number of issues arise within a topic, these issues are presented under subheadings which identify the particular issues.

The scope of the Plan is:

• limited to the FAFR and consideration of its immediate environs;
• consistent with the provisions of the Fisheries Act and Fisheries Regulations, the Victorian Government response to the recommendations of the ECC in the final report of their Marine Coastal and Estuarine Investigation (2000), and the Ministerial guidelines issued in respect of the Plan;
• consistent with other key legislation, including:
  • Coastal Management Act (Victoria) 1995;
  • Environment Protection Act (Victoria) 1970;
  • Environment Protection and Bio-diversity Conservation Act (Commonwealth) 1999;
  • Flora and Fauna Guarantee Act (Victoria) 1988;
  • Land Act (Victoria) 1958;
  • Marine Act (Victoria) 1988;
  • Native Title Act (Commonwealth) 1993; and

• consistent with other key Government policies, including:
  • Guidelines for Assessing Translocations of Live Aquatic Organisms in Victoria 2003;
  • National Aquaculture Action Agenda 2002;
  • National Competition Policy 1995;
  • Office of Regulatory Reform Aquaculture Task Force Report 1999;
  • State Environment Protection Policy (Waters of Victoria) 2003 and the relevant schedules;
  • Victoria's Biodiversity Strategy 1997;
  • Victorian Aquaculture Strategy 1998;
  • Victorian Coastal Strategy 2002;
  • Victorian Government response to the ENRC Inquiry into Fisheries Management - First Report: Co-Management 2001;

• Victorian Government response to the ENRC Inquiry into Fisheries Management - Second Report 2002; and
• Victorian Government response to the ENRC Inquiry into Utilisation of Victorian Native Flora and Fauna 2000.

Objectives of the Plan

As previously stated, the purpose of the Plan is to ensure the management of the FAFR is undertaken within an ESD framework, which incorporates principles of environmental sustainability, economic viability, social equity and governance. Accordingly the Plan addresses objectives under four key headings.

Ecological objectives

A key aspect of the Plan is to provide for the sustainable use of the natural resources within the FAFR. To this end the Plan specifies ecological objectives, strategies, performance indicators, reference points and management triggers for the FAFR. Additionally, the Plan specifies environmental survey, monitoring and reporting requirements to assess the effectiveness of management, in association with formal processes for deciding on appropriate actions in the event of adverse outcomes.

Economic Objectives

The Plan aims to promote the development of an efficient, effective and economically viable aquaculture industry. In pursuit of this aim, the Plan provides for the maximum sustainable level of development, research and development, the appropriate allocation of water, security of occupancy rights and transitional arrangements for existing industry within the FAFR.

Social objectives

An important goal of the Plan is the management of the FAFR that provides for, as far as possible, social equity. To this end the Plan recognises the rights of other users of the marine environment. The Plan will provide for maximum benefit to the community and promote those benefits to the broader community.

Governance objectives

In respect of governance, the Plan aims to provide clear, transparent and cost-effective management of the FAFR. In pursuit of this goal the Plan will be consistent with government legislation and policies on resource allocation, the issuing of aquaculture licences and Crown leases, and recovery of attributed costs. The Plan will also address the regulation of licensed activities with the aim of maximising compliance. This will be achieved by developing a compliance framework including the development of a compliance strategy and through the quantification and monitoring of enforcement targets. Additionally the Plan provides for the appropriate level of clear and timely reporting to the community in relation to the ecological and commercial status of the FAFR.

Risk assessment

The key issues and risks around each objective of the Plan were identified through an ESD-based risk assessment that followed the National ESD Aquaculture Framework (Fletcher et al. 2004).

Critical ecosystem components and current or potential threats

Aquaculture can impact on the marine environment, however the actual risks associated with marine aquaculture development are site specific depending on the species, location (characteristics and sensitivity), culture system and husbandry methods employed. Site specific risks have been assessed for the FAFR and management measures are detailed in the Plan.

Bivalve shellfish dominate aquaculture activity at the FAFR, with some abalone cage culture. Bivalve shellfish are farmed using techniques reliant on natural productivity (no active feeding), resulting in a net removal of nutrients from the water column at harvest. Cage abalone aquaculture requires use of harvested macroalgae and or artificial feeds (active feeding) in addition to natural productivity. The ecosystem issues associated with bivalve shellfish and abalone cage culture are summarised in Appendix 8.

Finfish aquaculture and abalone ranching³ will not be permitted in the life of this Plan.

Flinders Aquaculture Fisheries ReserveManagement Plan

Duration of the Plan

The Plan will provide the basis for the management of the FAFR for a period of three years. Prior to that time the Plan will be subject to review. Should there be a need for the Minister to amend the Plan prior to its review, notice of this intention will be published in the Victoria Government Gazette and there will be formal consultation with stakeholder groups.

Vision of the Plan

The vision of the Plan is:

"the development of ecologically sustainable, economically viable and socially equitable marine aquaculture at the FAFR that contributes a significant commercial supply of high quality seafood."

Management objectives and strategies

The objectives and strategies designed to implement the vision of the Plan are as follows:

Ecological

Objectives:

1. to ensure the ecological health of areas adjacent to the FAFR are not jeopardised as a result of aquaculture activity within the FAFR;
2. to limit ecological impacts within the FAFR as a result of aquaculture activity to local, acceptable and reversible change; and
3. to provide management responsiveness to changes in the ecological health within the FAFR and adjacent areas.

Strategies:

1. identify the biological and ecological factors relevant to the management of the FAFR;
2. identify critical components of the environment, current or potential threats to those components, and existing or proposed preventative measures;
3. specify permissible aquaculture activities consistent with the principles of ESD-based aquaculture;
4. specify relevant performance indicators, reference points, management triggers and monitoring requirements;
5. specify management actions to be undertaken in response to management triggers being breached; and
6. monitor areas and functions of licence holders and instigate appropriate management actions.

Economic

Objectives:

1. to facilitate economically efficient, effective and sustainable commercial aquaculture production within the FAFR;
2. to provide for commercial aquaculture opportunities within the FAFR to be utilised at the maximum sustainable level;
3. to encourage aquaculture investment within the FAFR by contributing to a positive investment climate and maintaining market access; and
4. to enhance commercial production by facilitating appropriate research and development.

Strategies:

1. identify the economic factors relevant to the management of the FAFR;
2. define a process to determine the area to be allocated, size of Crown lease sites and infrastructure restrictions consistent with best practice marine farming and the carrying capacity of the FAFR;
3. provide for consent to use and develop Crown Land, and occupational authorisation and security of tenure for aquaculture investors and existing licence holders;
4. identify relevant research and development needs, and facilitate and promote research and development collaboration in the FAFR;
5. develop and maintain the VSQAP and other quality assurance programs relevant to the FAFR;
6. identify critical components of the environment required for sustainable aquaculture production, current or potential threats to those components, and existing or proposed preventative measures; and
7. specify the minimum rate of infrastructure development on aquaculture sites within the FAFR.

Social

Objectives:

1. to recognise the rights of other users of the marine environment consistent with the Victorian Government response to the ECC recommendations for marine aquaculture;
2. to utilise marine environmental monitoring information for the benefit of the wider community; and
3. to facilitate maximum benefit to the community where there is private commercial use of a publicly owned resource.

Strategies:

1. identify the social factors relevant to the management of the FAFR;
2. specify navigation marking requirements;
3. specify guidelines regulating or restricting non-aquaculture activity in the FAFR;
4. specify and make available appropriate environmental and production data for broader public use; and
5. increase awareness of the FAFR aquaculture and its associated regional economic development and employment to the wider community.

Governance

Objectives:

1. to provide for open and transparent allocation of resources;
2. to provide management which is cost effective and transparent, including open and transparent reporting of ESD outcomes;
3. to provide for the recovery of the attributable costs of management, including research and development and compliance, in line with Government policy; and
4. to ensure licensed activities are appropriately regulated according to legislation.

Strategies:

1. recognise government policies relating to cost effective and transparent management, public reporting of ESD outcomes, and recovery of attributed costs;
2. recognise criteria to be used in respect of the issue of Crown leases, aquaculture licences and general permits;
3. recognise co-management entities and associated functions, and stakeholder satisfaction;
4. establish compliance criteria and recognise compliance management strategies; and
5. provide transitional arrangements for existing licence holders to attain compliance with the Plan.

Performance indicators, reference points and management triggers

Performance indicators are quantities to be measured in order to track the status of the FAFR relevant to the stated objectives. Where appropriate, information collected over the history of aquaculture within aquaculture fisheries reserves has been included in developing these indicators.

Reference points represent the status management wishes to achieve. When the status is unacceptable, management triggers indicate the requirement for an appropriate remedial action.

Performance indicators, reference points and management triggers for the Plan are shown in Table 1 and have been assigned to each of the FAFR objectives, where appropriate. Current information does not allow for the precise definition of all performance indicators and reference points and further research is required to provide this information.

It should be noted that the action resulting from non-compliance of a management trigger is described under the relevant section in the Plan. However, in those cases, where there is not a clear action described in the Plan, the action resulting from non-compliance of a management trigger will be a review of the particular issue.

The Plan makes recommendations on the responsibilities of Crown lease and aquaculture licence holders. These responsibilities are summarised in Appendix 9.

Transitional arrangements for existing licence holders

The FAFR includes 350 ha of previously established aquaculture zone. This zone was established prior to the declaration of the Plan.

Table 1: Performance indicators, reference points and management triggers for the Flinders Aquaculture Fisheries Reserve Management Plan View Table 1

Transitional arrangements will be recommended to ensure that existing licence holders comply with new management arrangements. These transitional arrangements will be specified in the relevant sections of the Plan, however they are also summarised in Appendix 10.

The new management arrangements recommended in the Plan relate to three broad categories of risk: human health and safety, environmental and social. In regard to management arrangements relating to human health and safety, compliance will be required within three months of the declaration of the Plan. In regard to management arrangements relating to environmental risk, compliance will be required within 12 months of the declaration of the Plan. In regard to management arrangements relating to social risk, compliance will be required within five years of the declaration of the Plan.

Species

The declaration of the FAFR provides the opportunity for increased production of presently cultured species, plus the opportunity for the commercial and experimental culture of new species.

Consideration of the species permitted for culture in the FAFR must be consistent with Government legislation and policies including:

• the Guidelines for Assessing Translocations of Live Aquatic Organisms in Victoria 2003;
• the Victorian Government response to the final report of the Environment Conservation Council's Marine Coastal and Estuarine Investigation (2000);
• the State Environment Protection Policy (Waters of Victoria) 2003; and
• the relevant fishery management plans, including the Victorian Abalone Fishery Management Plan 2002.

Finfish

The culture of finfish in the FAFR will not be permitted in the life of the Plan. At present adequate information on the environmental impacts and associated management of commercial finfish aquaculture in WP is not available.

Shellfish

Culture of bivalve shellfish species and cage culture of abalone can be adequately managed within an ESD-based framework in the FAFR.

At present adequate information on the environmental impacts and associated management is not available for ranching of abalone. Abalone ranching will not be permitted in the life of this Plan.

Other species

Culture of other species may be permitted provided they meet the requirements of relevant legislation and policy, and can be adequately managed within an ESD-based framework.

Authorisations to conduct aquaculture activity

Three authorisations will be required to conduct aquaculture in the FAFR:

1. Crown lease
   A Crown lease for marine aquaculture will be issued under the Land Act to a leaseholder and will provide exclusive occupancy right over a site for aquaculture purposes.
2. Aquaculture licence
   An aquaculture licence will be issued under the Fisheries Act to a licence holder and will authorise an operator to conduct aquaculture activity in a specified area.
3. Coastal consent
   Consent under the Coastal Management Act will authorise use and development of coastal Crown Land.

Crown leases - entitlements, allocation, transfer and sub-leasing

Entitlements of a Crown lease for marine aquaculture will be consistent with the Victorian Aquaculture fisheries reserves - leasing and licensing policy.

It should be noted that the Crown lease will provide occupancy rights for the purpose of conducting aquaculture activity, while the aquaculture activity will be authorised by an aquaculture licence. Transitional arrangements for existing aquaculture licence holders to Crown leases will be described in the above policy.

Crown leases within the FAFR will be allocated consistent with the Victorian Aquaculture fisheries reserves - leasing and licensing policy. Accordingly the Plan concerns management of those sites and associated aquaculture activity once allocated, rather than the specifics of the allocation mechanism.

The transfer, amalgamation, subdivision and subleasing of Crown leases within the FAFR will be consistent with the Victorian Aquaculture fisheries reserves - leasing and licensing policy.

Aquaculture licence - classification, renewal, transfer and variation

Aquaculture licences, issued under the Fisheries Act will provide authority to conduct aquaculture activity within the FAFR. An aquaculture licence specifying an area within the FAFR will only be issued, renewed or transferred if consistent with the Victorian Aquaculture fisheries reserves - leasing and licensing policy.

Cost recovery for management of the FAFR will occur through the implementation of levies on aquaculture licences. Where appropriate, cost recovery should be levied pro rata on a licenced area basis. Existing legislation provides that levies may only be prescribed for a class of fishery licence. In order to comply with this legislation and facilitate cost recovery, Fisheries Victoria will develop classes of aquaculture licence that may authorise aquaculture activity within the FAFR. Of these, one will relate to the authority to harvest bivalve shellfish for human consumption and others will relate to the authority to culture aquaculture product for purposes other than the harvest of bivalve shellfish for human consumption.

General permits

In addition, general permits may be issued as required to conduct aquaculture activity for research and development purposes. Research and development under the provisions of a general permit may only be conducted within a defined research and development site within the FAFR if available. General permits will not be allocated for other sites within the FAFR.

Environmental management

The Government supports marine aquaculture initiatives subject to appropriate environmental management.

In their response to the ECC recommendations for marine aquaculture (2000), the Victorian Government indicated that:

"The purpose of a Management Plan is to specify policies and strategies to ensure the ecologically sustainable development of aquaculture zones. Accordingly the Management Plan will specify commitments to monitoring …."

The Government also endorsed the ECC recommendation that:

"NRE⁴ expand existing and introduce new research and monitoring programs for existing and new aquaculture operations to include the following:

• assessment of changes in benthic species composition and abundance beneath aquaculture farms;
• monitoring for introduced species, pathogens, diseases, nutrient enrichment (particularly when supplementary feeding is used) and other potential ecosystem effects on the surrounding environment;
• an assessment of recovery times following cessation of aquaculture activities in an area;
• participation by the proponent in, and contribution to the cost of these programs; and
• publicly available reports" (recommendation 43).

The Government indicated that:

"Such detail will be outlined in the Management Plans for aquaculture zones, which will be released for public comment. The Management Plan will also give consideration to the indicators mentioned above, amongst others, and specify the frequency of public reporting."

Environmental management framework for the FAFR

One of the key management actions identified for the FAFR is the development of an appropriately designed, comprehensive environmental management framework. This framework will be based on three key components:

• a characterisation survey;
• a baseline survey; and
• ongoing monitoring.

Fisheries Victoria has reviewed the methods for environmental surveying and monitoring of marine aquaculture in Victorian waters (Gavine and McKinnon 2002) (see Table 2 for summary), which provides the technical basis for implementation of the environmental management framework within the FAFR. This framework will provide information to enable management decision making, ensuring that the impact of aquaculture will be maintained at a level that is acceptable, local and reversible by natural processes.

1. Characterisation survey

A characterisation survey is a broad one-off assessment of the habitat, physico-chemical and biological attributes of an aquaculture fisheries reserve. To identify the key environmental attributes of the FAFR and relevant reference sites for future monitoring, Fisheries Victoria has undertaken a characterisation survey of the FAFR (McKinnon et al. 2004). The results of this survey are summarised in Appendix 5. Prior to the review of the Plan, Fisheries Victoria will undertake environmental assessment of the appropriate reference sites to monitor impacts within and external to the FAFR.

2. Baseline survey

A one-off baseline survey is to be undertaken as soon as practicable after a Crown lease has been allocated and prior to commencing aquaculture activity. A baseline survey is an initial assessment of the sediment and seabed (see Table 2) specific to the Crown lease site. This survey will include predetermined compliance point(s)⁵ outside the sites (reference sites) for the purpose of future ongoing monitoring by the aquaculture licence holder. It will be the responsibility of the Crown lease holder to undertake and fund the baseline survey for each Crown lease site. Baseline surveys are not required to be performed for existing sites as they have been farmed for an extended period.

The requirements of the baseline surveys will be specified by the Secretary, DPI and prescribed as lease clauses. A written report on all baseline surveys is to be provided to Fisheries Victoria, by the date specified by the Secretary, DPI. The report will provide a summary of data collected, methods employed, analysis of the data, and recommendations and conclusions.

All original data, video footage and samples should be retained by the Crown lease holder for auditing purposes for a period of time as specified by the Secretary, DPI.

3. Ongoing monitoring

Ongoing monitoring is to be undertaken subsequent to the baseline surveys on an annual basis or at intervals as specified by the Secretary, DPI. Monitoring refers to ongoing assessment of the sediment and seabed (see Table 2) of the aquaculture licence sites. Ongoing monitoring will include assessment of relevant reference sites and provide sufficient information on the performance indicators to determine whether reference points are being achieved. Existing licence holders will be required to undertake ongoing monitoring, under licence conditions, within 12 months of the declaration of the Plan. It will be the responsibility of the licence holder to undertake and fund the ongoing monitoring.

The ongoing monitoring will be specified by the Secretary, DPI and prescribed as licence conditions. A written report on all ongoing monitoring is to be provided to Fisheries Victoria by the date specified by the Secretary, DPI. The report will provide a summary of data collected, methods employed, analysis of the data, and recommendations and conclusions.

All original data, video footage and samples should be retained by the licence holder for auditing purposes for a period of time as specified by the Secretary, DPI. The Secretary will, in consultation with existing licence holders, develop an audit plan for the environmental monitoring framework and appoint an independent auditor.

Environmental survey and monitoring guidelines

Guidelines prepared by Fisheries Victoria in consultation with the relevant agencies will prescribe detailed methods and standards for undertaking baseline surveys and ongoing monitoring. These guidelines will include a description of the following key parameters: physico-chemical analysis of the sediment (particle/sediment grain size analysis, oxidation reduction potential, total organic carbon, carbon to nitrogen ratios and natural stable isotope analysis), biological analysis of the sediment, seabed characteristics and habitat profile (habitat mapping, underwater video survey), and water column. All baseline surveys and ongoing monitoring are to be conducted using the prescribed methods and in accordance with the prescribed standards unless otherwise authorised. The guidelines will also provide for reporting and auditing of all survey and monitoring results.

Data management

Fisheries Victoria will develop a data management system with geographical information system overlay capable of storing, analysing and reporting on all survey and monitoring data.

Environmental standards

Environmental standards for aquaculture activity within the FAFR are impacts that are acceptable, local and reversible by natural processes. In the event that the environmental standards are not met appropriate remediation action will be undertaken.

Environmental performance indicators, management triggers and associated remediation actions for marine aquaculture activities are described in Table 3. Remediation of the site will be at the direction of the Secretary, DPI. The undertaking of remedial actions will be the responsibility of the aquaculture licence holder.

Fisheries Victoria will be responsible for evaluating whether performance indicators are meeting reference points, or if management triggers have been activated, and for determining the appropriate management responses.

Continual review of environmental monitoring information, combined with the ability to vary licence conditions relating to environmental monitoring, provides for adaptive management to reflect effective and efficient management response to changing conditions.

Public reporting

Public reporting on environmental monitoring undertaken within the FAFR is a primary component of public accountability for the management of the FAFR. Fisheries Victoria will publish all characterisation survey information. All baseline survey and ongoing monitoring information will be available to the public. Fisheries Victoria will provide annual summaries of this information.

Table 2: Variables and methods for environmental surveys and monitoring (Source: modified from Gavine and McKinnon 2002). View Table 2

Economic evaluation

The plan contains several economic objectives however data on the economics of the Victorian offshore marine aquaculture industry are limited. It is important to better understand the key economic factors and their impacts upon the viability and rate of growth of the marine aquaculture industry. An economic review of the current industry would provide important information in regard to the future management of the industry and determine the progress of the Plan against the economic objectives. The review should include relevant production information and the cost to industry of compliance with regulations. It is recommended that a review of the economics of marine aquaculture in Western Port be undertaken during the life of the Plan. Fisheries Victoria, in consultation with the relevant industry and existing licence holders will determine the terms of reference for this review.

Disease

The Organisation Internationales Epizootiques (OIE) is the international organisation responsible for the International Aquatic Animal Health Code (OIE 2004). Australia is a member country of the OIE. Australia's responsibilities under the OIE for aquatic animal diseases are reflected in the Aquaplan Control Centre Manual (AFFA 2001), overseen by the Commonwealth Committee for Animal Emergency Diseases. Victoria's national aquatic animal disease reporting requirements are reflected in Victoria's Arrangements for the Management of Aquatic Animal Disease Emergencies 2003. Further it is a requirement under the Fisheries Act and the Livestock Disease Control Act 1984 that prescribed notifiable diseases are reported to the Secretary, DPI and the Chief Veterinary Officer, DPI respectively.

Table 3: Environmental performance indicators, management triggers and associated remediation actions for marine aquaculture activities (Source: modified from Gavine and McKinnon 2002).

The degree of disease risk for marine aquaculture at the FAFR will vary with the choice of culture species and system, the standard of management, and the prevailing environmental conditions in and around the aquaculture areas. In relation to the farm management component, the prescribed procedures and protocols adopted by industry to avoid, mitigate and or treat disease incidents will be critical to ensuring that disease risks are (economically and environmentally) manageable.

All aquaculture licence holders within the FAFR must comply with the appropriate disease reporting requirements and management response initiatives.

The risk of disease transmission into and out of the FAFR will be managed under the Guidelines for Assessing Translocations of Live Aquatic Organisms in Victoria 2003.

During the life of the Plan, Fisheries Victoria, in consultation with the Chief Veterinary Officer, DPI and industry will investigate whether an active culture stock health surveillance program for the FAFR is warranted.

Translocation

Translocation of live aquatic organisms poses an ecological risk through the potential transmission of diseases, potential impacts on biodiversity from changes in genetic integrity, and the establishment of feral and or exotic populations. The Victorian Government has developed Guidelines for Assessing Translocations of Live Aquatic Organisms in Victoria 2003 to meet its obligations under the National Policy for the Translocation of Live Aquatic Organisms 1999.

Translocations will be conducted in accordance with the Guidelines for Assessing Translocations of Live Aquatic Organisms in Victoria 2003 and any associated protocols approved by the Secretary, DPI. Interim translocation protocols include The Revised Victorian Mussel Translocation Protocol for the Movement of Mussel Ropes and Equipment between Port Phillip Bay and Western Port 2004 are to be used when appropriate. Fisheries Victoria will develop further translocation protocols as appropriate.

Quality assurance programs

Victorian Shellfish Quality Assurance Program

The VSQAP is the Victorian implementation of the ASQAP, an internationally recognised program. The VSQAP is a quality assurance program protecting human health through the active monitoring of shellfish harvesting areas (fisheries reserves). Aquaculture fisheries reserves compliant with the ASQAP will be accredited for the harvest of product for export.

The VSQAP currently monitors the FAFR, which is classified as "Conditionally approved" harvesting area. Fisheries Victoria has finalised a comprehensive sanitary survey and is currently seeking accreditation for export.

Proponents harvesting bivalve shellfish for human consumption must hold a relevant Aquaculture (Crown Land – Bivalve Shellfish) licence and contribute to the costs of the VSQAP. All bivalve shellfish harvested for human consumption must be compliant with the ASQAP.

Food safety plans

The Seafood Safety Act 2003 (the Seafood Safety Act) requires that all aquaculture licence holders producing product for human consumption hold a licence issued under that Act (administered by PrimeSafe). The Minister responsible for the Seafood Safety Act may declare that a class of seafood licence is to have a food safety program. Holders of those licences will have to prepare and implement food safety plans that specify the Hazard Analysis Critical Control Points through supply-chain food safety requirements.

Limitations on active feeding of artificial feeds⁶

Bivalve shellfish are farmed using techniques reliant on natural productivity. Cage abalone aquaculture requires active feeding with natural macroalgae and or artificial feeds. Commercial culture of finfish will not be permitted in the FAFR for the life of the Plan.

Schedule F8 (Waters of Western Port and Catchment) of the State Environment Protection Policy (Waters of Victoria) (SEPP) has as its purpose to rehabilitate the environmental quality of WP and its catchment in order to protect the defined beneficial uses; and set, within a 10 year timeframe, goals to be achieved and means by which they are achieved. Aquaculture is a defined beneficial use under Schedule F8. The FAFR will be developed in accordance with the SEPP. Any aquaculture proposals that require active feeding of artificial feeds will therefore be required to comply with the SEPP.

Research and development activities in relation to the use of artificial feeds in the FAFR will be permitted on the basis that it is designed to provide relevant, scientifically defensible information on the ecological sustainability of such activity. All research and development will be subject to the conditions prescribed in the 'Research and development' section of the Plan and conducted in consultation with the DSE and the EPA.

Production reporting

A condition on all aquaculture licences is that the licence holder must complete an aquaculture production return. These data are provided to meet Fisheries Victoria's state, national and international reporting requirements. Production data are made available to the public by Fisheries Victoria in the Commercial Fish Production Bulletin for each financial year.

The public will be informed on the production from the FAFR. All production information for the FAFR will be reported to the public, including the species cultured, the tonnage and value of product, and the employment created. The annual Commercial Fish Production Bulletin provides a mechanism for providing these data to the public. All information provided on production within the FAFR will be in a form that protects commercial confidentiality of individual licence holders providing this requirement does not prevent production reporting for the FAFR.

Fisheries Victoria, following consultation with relevant industry representatives and existing licence holders, will determine the reporting requirements for financial performance indicators.

General public access

When considering general public access to the FAFR there are two types of areas to be considered:

• sites specified on Crown leases and or aquaculture licences; and
• areas within the FAFR that have not been specified on Crown leases and or aquaculture licences.

The Victorian Government response to the ECC (2000) recommendations provided that other users could access the aquaculture fisheries reserve but not the Crown lease sites.

General public access will only be permitted to areas of the FAFR that are not leased or licensed. The external boundaries of the leased and or licensed sites will be marked in accordance with the provisions of the Marine Act 1988 (the Marine Act) to provide the appropriate indication to other users of restricted access areas. A communication strategy will be developed in consultation with relevant industry representatives, existing licence holders and VRFish to inform the public and industry of the entitlements of other users. The compliance strategy developed relating to the FAFR will address compliance with access restrictions.

To ensure that the profitability of aquaculture operations within the FAFR and human health and safety are not jeopardised by the activities of other users, the following management arrangements are recommended:

• Fisheries Victoria, following consultation with stakeholders, will implement where possible an appropriate speed limit for boating within the FAFR;
• the cleaning of fish will not be permitted in the FAFR;
• the use of berley will not be permitted within the FAFR and should not be permitted within 500 m of the FAFR;
• recreational fishing, diving and associated charter boats will be permitted to the edge of the Crown lease sites, but casting or drifting lines into and diving in the leased sites will not be permitted;
• commercial fishing will not be permitted within the FAFR; and
• the compliance strategy relating to the FAFR will recognise that the disposal of human sewage and other litter in WP is illegal under the Environment Protection Act.

Survey and navigation marking

Providing Crown leases within the FAFR is an alienation of Crown land. It is therefore appropriate to ensure that all lease sites are accurately surveyed and marked to the appropriate standard.

Surveying

Surveying of aquaculture sites must be of a standard considered appropriate for issuing of Crown leases. Standards of surveying for the granting of registered Crown leases are the responsibility of the Surveyor General Victoria and the Land Registry, Land Victoria, DSE. Independent Licensed Surveyors will conduct the surveying. The DPI will provide guidelines for surveying of marine waters for the purposes of Crown leasing in conjunction with the Surveyor General Victoria.

Crown lease sites not allocated prior to the declaration of this Plan and within the FAFR are to be surveyed by the Crown lease holder at their expense prior to placing any commercial aquaculture equipment on the lease site.

Aquaculture licence sites allocated prior to the declaration of this Plan are to be surveyed by the licence holder at their expense prior to the issue of a Crown lease over the licence site.

To ensure the Crown lease sites are accurately marked, they will be regularly inspected by Fisheries Victoria and surveys will be requested if appropriate. A current aquaculture licence condition is:

"On the request of the Secretary, the aquaculture licence holder must provide a plan of survey of the aquaculture sites specified on this licence which

1. is undertaken by a qualified surveyor or other person approved by the Secretary.
2. is suitable for registering on a Crown lease.
3. indicates the location of a licence holder's commercial aquaculture equipment in relation to boundaries of the aquaculture sites specified on this licence.
4. is completed and forwarded to the Secretary within 120 days of such a request being made."

In regard to the accurate marking of site boundaries this licence condition will be adapted as a standard Crown lease clause, and will be maintained as a licence condition for existing aquaculture licences until a Crown lease has been issued over the licence site.

The maintenance of aquaculture equipment within the Crown lease boundaries is the responsibility of the aquaculture licence holder. Local currents, wind and wave action can affect the location and alignment of aquaculture infrastructure. Fisheries Victoria will undertake regular monitoring and enforcement of the location of commercial aquaculture equipment. Any survey in relation to the location of aquaculture equipment on an aquaculture Crown lease requested by the Secretary, DPI for compliance purposes will be undertaken at the expense of the aquaculture licence holder. In addition any cost for relocation of equipment will be borne by the aquaculture licence holder.

Navigation marking

Existing aquaculture within the Flinders Aquaculture Zone is conducted in aquaculture sites ranging in size from 3 to 22.8 ha. Currently aquaculture licence holders are required to mark each corner of each licensed site with a buoy bearing the licence holder's number. Deployment and maintenance of these buoys are the responsibility of the licence holders.

The external boundaries of the FAFR currently not marked will be marked by Fisheries Victoria in accordance with the requirements of the appropriate authorities under the Marine Act. To ensure all navigation marks are in the correct working order Fisheries Victoria will prepare and implement a program for the regular inspection and maintenance of all navigation marking of the external boundaries of the FAFR. Fisheries Victoria will implement a system to recover costs associated with the inspection and maintenance of navigation marks for the external boundaries of the FAFR from the aquaculture licence holders. The recovery of these costs should be levied on licence holders receiving benefits pro rata on the basis of area licensed.

Crown lease holders will be required to mark the external boundaries of the lease site with boundary marks in accordance with the requirements of the appropriate authorities under the Marine Act and regularly inspect and maintain boundary infrastructure at their own expense. All greenfield aquaculture sites will be surveyed and marked appropriately before commercial aquaculture equipment is deployed. The external boundaries of all existing licensed sites will be required to be marked in accordance with the requirements of the appropriate authorities:

• within three months of the declaration of the Plan for developed sites; and
• prior to the deployment of aquaculture equipment for undeveloped sites.

Fisheries Victoria will communicate information regarding the type and location of navigation marks for the FAFR to other users.

Infrastructure requirements

The ECC (2000) recommended that management plans prepared for marine aquaculture fisheries reserves include "design, construction, maintenance and visual impact of structures" (recommendation 41). It is appropriate that the Plan considers conventions to reduce the visual impacts associated with aquaculture infrastructure within the FAFR.

The visual impacts discussed here are those associated with commercial aquaculture equipment only and not navigation marking infrastructure (as previously described). At present the marine aquaculture industry within the FAFR uses a variety of visible infrastructure (size, shape and colour) on licensed sites to support aquaculture equipment. In the FAFR the use of low profile, dark coloured buoys will reduce the visual impact of this infrastructure. All buoys (non-navigation marks) and other floating commercial aquaculture equipment within the FAFR will be grey to black in colour or be any other colour that is specified by the Secretary, DPI. Commercial aquaculture equipment and support infrastructure in the FAFR must be low in profile (less than 1.5 m) and be of a uniform size and shape. Commercial aquaculture equipment and support infrastructure in the FAFR should be distinctive to the boundary marks of Crown lease sites and the FAFR.

Aquaculture infrastructure may detach creating a safety risk and litter the adjacent foreshore. The risk of detachment of buoys will be reduced by prescribing minimum standards for attachment of buoys to longlines in licence conditions. Maintenance of these standards will be addressed as part of the compliance strategy relating to the FAFR.

All floats and buoys associated with commercial aquaculture equipment and support infrastructure deployed within the FAFR must be marked to allow the identification of the relevant aquaculture licence holder.

All commercial aquaculture equipment deployed on greenfield sites and on aquaculture sites after the declaration of the Plan must be compliant with the above requirements.

It is proposed that all commercial aquaculture equipment deployed prior to the declaration of the Plan must be compliant with the above requirements in relation to visual amenity within five years of the declaration of the Plan.

Progress for transitional arrangements in relation to infrastructure requirements for the FAFR will be reviewed within three years at the same time as the review of the Plan.

All commercial aquaculture equipment deployed prior to the declaration of the Plan must be compliant with the above requirements in relation to identification and secure attachment of buoys within 12 months of the declaration of the Plan.

The presence of redundant and or dilapidated commercial aquaculture equipment or associated infrastructure also affects visual amenity, environmental values and creates a safety hazard. The FAFR must be kept in a neat and tidy manner and an aquaculture licence condition will be developed requiring all redundant or dilapidated commercial aquaculture equipment to be removed from the licence site upon request of the Secretary, the DPI.

The deployment of commercial aquaculture equipment and support infrastructure outside of the lease site creates a safety hazard to other users of the FAFR. All commercial aquaculture equipment, including all anchors and mooring lines, and other support infrastructure located within the FAFR must be located within a Crown lease site. For existing licence holders such infrastructure must be located within an aquaculture licence site.

The mooring of barges, boats and other structures within the FAFR for periods longer than five consecutive days will require written approval from Fisheries Victoria, DPI.

Noise and lighting

While technological advancements have improved the industry's productivity, reliance upon motorised equipment may increase the incidence of noise. In addition, night time activity may occur. At present, night time aquaculture activity is predominantly associated with harvest events to meet market deadlines and or to beat advancing weather. The noise and light resulting from these activities has the potential to negatively impact other marine users, coastal residents and the marine environment. Therefore, growers must be sensitive to this issue and take the appropriate steps to minimise any potential impacts.

International practice requires marine farmers to conduct all activities in a manner that is respectful of other marine users and the environment. This includes:

• restricting noise and light to harvesting activities, normal operational practices or maintenance of safety;
• ensuring all non-navigation lighting must be aimed, and of a brightness, so as not to cause unnecessary adverse affects on other users and the marine environment, and where possible should be shielded from all but essential directions;
• making every reasonable effort to minimise noise during regular farming activities, including ensuring well-maintained sound suppression devices (for example mufflers, barriers and baffles) are used while operating equipment; and
• making every reasonable effort to minimise light during night time operations.

It is a requirement of the Plan that the above issues will be considered in a code of practice developed by industry for application within the FAFR. The role of the environmental management plans in control of noise and lighting should be considered during the development of an industry code of practice within the life of the Plan.

Waste management

The management of waste is an important environmental issue within the FAFR. As the maintenance of water quality is of paramount importance to aquaculture ventures, poor waste management will also impact adversely on aquaculture operations. Potential wastes at the FAFR include harvesting, cleaning, processing and mortality wastes; chemical and industrial waste; and sewage.

Under the Environment Protection Act discharges to the marine environment must be managed so that they do not adversely affect the receiving environment. The SEPP establishes ambient water quality objectives and waste water discharge limits (based on the Australian Guidelines for Water Quality Monitoring and Reporting - Summary 2000) to protect these waters.

Further, the Health Act 1958 (the Health Act) makes provisions for the prevention of conditions or activities that may be offensive or dangerous to the public, and the Food Act 1984 (the Food Act) requires the maintenance of prescribed food standards.

Harvesting, cleaning, processing and mortality wastes

Solid wastes from harvesting or cleaning (for example removal of biofouling) of all shell stock (including bait and spat) and from cleaning commercial aquaculture equipment (including ropes and buoys) must be disposed of in an appropriate manner. All declumping and cleaning of shell stock for human consumption must be in accordance with the requirements of the ASQAP. All declumping and cleaning of shell stock and commercial aquaculture equipment must occur either:

• within the licensed site; or
• at a designated area that is appropriately monitored in compliance with the ASQAP and or other environmental monitoring requirements; or
• onshore in appropriately designated areas subject to the provisions of local government, local water authorities and the EPA.

Solid wastes from post harvest processing of shellfish (for example shucking) must be disposed subject to the provisions of local government, local water authorities and the EPA.

In accordance with the Fisheries Act, abalone may only be processed at specified premises by the holder of a Fish Receivers (Abalone) Licence. As a result processing of abalone is not permitted within the FAFR.

Chemical and industrial wastes

Chemical use for marine bivalve aquaculture is limited to minor use of antifoulants. Any use of chemicals must be in accordance with the provisions of all relevant statutes, including the Environment Protection Act and associated subordinate legislation. All chemicals used must be approved for use in the marine environment and should only be used according to manufacturer's specifications.

Other chemical and industrial wastes in the FAFR may include cleaning products and petroleum by-products such as diesel oil, motor oil and petrol. It is a requirement that the risk of impacts from these chemicals and industrial wastes will be dealt with by industry in accordance with relevant codes of practice and legislation. The role of the environmental management plans in control of chemical and industrial wastes should be considered during the development of an industry code of practice within the life of the Plan.

Sewage

Sewage contains a range of pathogenic microorganisms (including bacteria, viruses and protozoa) that pose a potential risk to the health of humans. Bivalve shellfish are particularly susceptible to effluent contamination. As a result the discharge of sewage into the marine environment in and adjacent to the FAFR would pose significant human health risks through the potential contamination of aquaculture product. The disposal of human sewage at sea is illegal under the Environment Protection Act and the associated SEPPs.

Lease dimensions, orientation and stocking rate

Determination of the total area of the FAFR allocated to ongrowing bivalve shellfish and the maximum culture substrate per area allocated is based primarily on the carrying capacity of the FAFR. Carrying capacity for commercial exploitation is defined as the quantity of standing stock (stocking rate) at which the annual production of a marketable crop is maximised. At a local scale, aquaculture stocking rates depend on constraints including substrate and oxygen availability, and food supply. For bivalves, the dominant factor determining the stocking rate is primary production (food supply). The stocking rate for bivalve shellfish is outlined below.

The maximum stocking rate at the Crown lease and FAFR levels for species other than bivalve shellfish species may be specified prior to granting Crown leases within the FAFR for each species on a case by case basis if required.

Size, orientation and location of lease/aquaculture licence sites

The size orientation and location of Crown leases must be determined in relation to the current status and proposed commercial uses of the FAFR. Size, location and orientation of Crown lease sites within greenfield areas of the FAFR will reflect economic viability, separation distances to maintain adequate water flow, buffer zones⁷ around the periphery of the FAFR, the direction of currents and access to lease sites.

Areas of the FAFR other than those allocated for bivalve shellfish aquaculture or set aside for access/separation/buffer zones may be used for the culture of other species that are actively fed and therefore not directly reliant on primary productivity (for example abalone). This use will be subject to approval of the Secretary, DPI following consultation (refer below) and development of the appropriate input controls for these uses on a case by case basis.

The FAFR comprises a previously designed and allocated aquaculture zone and a 90 ha greenfield extension. For the life of the Plan the existing design of the allocated area within the FAFR for bivalve shellfish culture will be maintained. The greenfield extension within the FAFR will be designed by Fisheries Victoria following consultation with the FCC, relevant industry representatives and existing licence holders within the FAFR. Following consultation with existing licence holders and during the layout design of the greenfield extension of the FAFR consideration may be given to redesigning the eastern boundary of existing licensed sites abutting the greenfield extension to 'square-up' the site.

Abalone cage culture is currently undertaken at some existing aquaculture licence sites within the FAFR. Consideration may be given to allocating additional sites in the FAFR for the culture of species that are reliant on active feeding.

Prior to making additional sites available for allocation in the FAFR, Fisheries Victoria must determine the potential impacts on existing industry through consultation with existing licence holders within the FAFR. In particular consideration must include the impacts on:

• water flows through existing sites;
• production; and
• shellfish quality assurance.

Management controls for shellfish

In the absence of scientific data on the carrying capacity of the FAFR it is appropriate that the precautionary principle is applied to carrying capacity controls. For the purposes of the Plan, relatively simple and efficient input controls will be used to determine the maximum stocking rates for the FAFR. These controls are:

• total area allocated for bivalve shellfish aquaculture; and
• input controls related to length of longline.

At present 41% of the total area of the existing Flinders Aquaculture Zone is allocated for aquaculture comprising 37% bivalve shellfish culture and 4% for abalone cage culture. The maximum total area allocated for bivalve shellfish ongrowing within the FAFR will be 50% (including the 90 ha greenfield extension).

The maximum stocking rate for abalone cage culture in the FAFR has yet to be determined and will be developed in consultation with industry if required.

Ongrowing substrate for bivalve shellfish aquaculture may be controlled by prescribing maximum length of longline backbone⁸ per hectare of lease site. A maximum of 0.5 km of longline backbone will be permitted per ha in the FAFR. This maximum will be prescribed as an aquaculture licence condition.

Rates of development

Implementation of the FAFR alienates a community resource for the exclusive use of the aquaculture industry. The Victorian community has an expectation that the resource will be used by the aquaculture industry in a manner that maximises the return to the community. Return to the community is achieved in part by aquaculture development within the FAFR, output of commercially valuable aquaculture product, the creation of regional employment opportunities, and the provision of ancillary support services to the aquaculture industry.

The specification of a minimum rate of development as a regulatory management tool is a mechanism used to ensure that the community will benefit from regional development, wealth creation and employment opportunities associated with a sustainable aquaculture industry. In addition, specified minimum rates of development make inappropriate investment speculation less likely and will encourage positive, legitimate and active development within the FAFR.

Fisheries Victoria will ensure that minimum rate of development provisions are developed for aquaculture licences and Crown leases.

(a) Aquaculture licencesAquaculture licence conditions prescribing minimum rates of development will be prepared for all, existing and new aquaculture licences within the FAFR. The development rates will be customised by Fisheries Victoria in consultation with the relevant stakeholders on a case by case basis and with reference to their development plan recognising that similar growout systems should have similar development rates. Fisheries Victoria will ensure that provisions exist under theFisheries Act

to not renew licences when specified minimum development rates have not been met, subject to a 'show cause' provision. Where compelling reasons are offered in support of the renewal of a licence when minimum development rates have not been met, the licence may be renewed.

(b) Crown leases

Crown lease clauses will be developed to ensure that a Crown lease holder maintains a minimum rate of development on the Crown lease site. The Crown lease will stipulate a period of time within which minimum rates of development must first be met, and a maximum total number of years in which development may be below the specified level.

Ownership of stock on the seafloor

There are two potential sources of stock on the sea floor within marine aquaculture Crown leases and aquaculture licence sites:

• stock that has originated from the aquaculture operation and has fallen to the seafloor. This stock may be attached to aquaculture infrastructure that has become detached, for example a mussel dropper, or may be the result of spat/stock detached from aquaculture infrastructure. This stock would be the same as the species authorised for culture.
• stock that has settled or migrated to the seafloor by natural processes without interference from the aquaculture operation. This stock may include species listed on the aquaculture licence and also other species. This stock on the seafloor may be considered as 'wild' stock.

Any stock on the seafloor within the aquaculture licence site that directly results from the aquaculture activities, or is the same species as that authorised for cultured, may be retrieved for culture by the aquaculture licence holder provided that it meets any appropriate health safety standards (for example the VSQAP) and licence conditions.

Stocking of the seafloor for commercial harvest will not be permitted within the FAFR within the life of this Plan.

Any stock that is not a species listed on the aquaculture licence will not be accessible to the licence holder.

Research and development

Research and development is a tool to provide information to address risk and uncertainty, and as such facilitates the overall risk management and adaptive management approach of the Plan.

The broad, strategic drivers for determining the research and development priorities for the FAFR include:

• the Victorian Government Response to the Final Report of the ECC Marine, Coastal and Estuarine Investigation (2000);
• relevant recommendations of the Federal Government's National Aquaculture Action Agenda 2002;
• all relevant research and development plans, including the Fisheries Co-Management Council Research Strategy, Research Needs and Priorities for Fisheries in Victoria 2001/02 2005/06 (FCC 2001); and
• needs of Crown lease holders and aquaculture licence holders within the FAFR.

The allocation of a research and development site within the FAFR will be considered during the design of the layout of areas within the FAFR, on the basis of strategic research and development needs within the FAFR. All such research and development will address agreed priorities, be coordinated, be collaborative (where appropriate), and at the discretion of the Secretary, DPI. Research and development will be pursuant to section 140 of the Fisheries Act that is research carried out by the Secretary.

Reporting requirements and intellectual property ownership and management for research and development activities will be specified in research agreements as deemed appropriate by the Secretary, DPI.

A research and development action plan for offshore marine aquaculture which will include the FAFR will be developed, and reviewed and updated annually.

No general permits for research and development will be allocated for areas other than the research and development site.

Public liability insurance and bonds

Public liability insurance requirements for Crown lease holders

The development of Crown Land creates a possibility for injury/loss resulting from interactions with aquaculture infrastructure as a result of trespass. Holders of Crown leases and existing aquaculture licences (i.e. over non leased sites) within the FAFR will be required to obtain an appropriate public liability insurance policy covering the Crown lease/licence site, as specified by the Secretary, DPI. The insurance policy must:

• be kept current for the duration of the Crown lease;
• be relevant to aquaculture activities within the Crown lease site;
• provide minimum coverage to the value of A$10 million for each claim; and
• indemnify the State of Victoria, the Secretary DPI and their respective employees and agencies for personal injury, death and or property damage.

All Crown lease holders must provide evidence of a current insurance policy to the Secretary, DPI prior to deploying aquaculture equipment and annually thereafter. All existing licence holders must provide evidence of a current insurance policy to the Secretary, DPI within three months of the declaration of the Plan. All licence holders must provide evidence of a current insurance policy to the Secretary, DPI prior to licence renewal or upon request.

The State is not at risk for personal liability or for product quality/recall provided that the relevant quality assurance programs are in place (including the VSQAP) and managed correctly. Accordingly, holders of aquaculture licences within the FAFR will not be required to hold public liability insurance for product quality. However, it is suggested that the holders of aquaculture licences that are producing product for human consumption hold an appropriate level of public liability insurance for product quality.

Cost of removal of commercial aquaculture equipment

Section 60A of the Fisheries Act provides for the removal of commercial aquaculture equipment within a specified time at the cost of the licence holder or general permit holder if "a person's authorisation to conduct aquaculture activities under an aquaculture licence or a general permit ceases". Ultimately it is the responsibility of the Crown lease holder to ensure all commercial aquaculture equipment is removed from the site at the expiration of the Crown lease. However, if the Crown lease holder is no longer financially viable at the expiration of the Crown lease and there is no current aquaculture licence held over the Crown lease site, it would not be possible for the State to recover the cost of removal of commercial aquaculture equipment. The following options aim to balance the cost of removal, and risk of abandonment of commercial aquaculture equipment with cost-effectiveness for industry while ensuring the State can recover the cost for removal of commercial aquaculture equipment from an aquaculture Crown lease site. Two options are available:

• bond option – lessees contribute annually to an indemnity fund calculated in accordance with the nature of equipment to be removed and the hectares under leasehold. The fund will be administered by Fisheries Victoria and the Government of Victoria may draw upon the fund to cover cost of removal of commercial aquaculture equipment and the interest from which is returned to lessees; or
• bank guarantee option – lessees may establish an individual bank guarantee for the purposes of removal of commercial aquaculture equipment, calculated in accordance with the nature of equipment to be removed and the hectares under leasehold.

Both options will be designed to accurately reflect the costs of removing equipment, the risks of equipment abandonment relevant to the duration of the lease and, minimise the start-up cost of industry.

Fisheries Victoria, in consultation with relevant industry representatives and existing licence holders, will determine an agreed option for recovering the cost of removal of commercial aquaculture equipment.

Exotic marine organisms

At present there are breeding populations of exotic marine species within WP, which have the potential to colonise commercial aquaculture equipment within the FAFR. Management of these species is not the responsibility of the Plan.

To assist in the early detection and eradication of incursions of new marine pests in the waters of WP, it is important that where suspected such incursions are reported. Fisheries Victoria will develop an aquaculture licence condition requiring licence holders to report the presence of suspected exotic species on commercial aquaculture equipment.

In these cases the recommendations of the Interim Victorian Protocol for Managing Exotic Marine Organisms Incursions 1999 (or as updated) will be implemented by the DSE.

Implementation of the management plan

This Plan describes the management of the FAFR in WP with emphasis on ESD. The Plan has effect following its declaration by the Minister by notice in the Victoria Government Gazette. Implementation of the Plan will require actions by Government in respect of certain policy matters, by DPI in respect of day-to-day management, and by other stakeholders.

Key actions to be undertaken in the implementation of the Plan

The key actions to be undertaken to implement the recommendations of the Plan are listed and numbered below. Note that these tasks are not in priority order. A timetable for the implementation of these key actions is provided in Appendix 11. Many key actions must be completed prior to the allocation of sites, Crown leases or aquaculture licences. A list of recommended charges, fees and levies relating to the implementation of the Plan is provided in Appendix 12. The purpose, process, timelines, outputs, outcomes and costs for the implementation of each of the key actions are detailed in Table 4. Note in this Table reference to cost is made on the basis that those key actions that will be implemented within the current Fisheries Victoria budget are referred to as 'within budget costs' (for example no additional funding is required). Where additional funding is required to implement key actions, an estimate of the costs to implement that action is provided.

Key actions

1. Develop classes of aquaculture licences specific to the FAFR.
2. Prepare guidelines prescribing detailed methods and standards for undertaking environmental baseline surveys and ongoing monitoring within the FAFR.
3. Develop Crown lease clauses and aquaculture licence conditions for environmental baseline surveys and ongoing monitoring respectively.
4. Develop a data management system for the storage of environmental baseline survey and ongoing monitoring information.
5. Review/revise capacity for reporting on commercial aquaculture production specifically from the FAFR.
6. Develop protocols for the management of translocation of live aquatic organisms within, to and from the FAFR where appropriate.
7. Implement, where possible, speed restrictions for boating in the FAFR.
8. Develop guidelines for surveying of Crown lease sites within the FAFR.
9. Develop a Crown lease clause and aquaculture licence condition for boundary marking of lease/licence sites within the FAFR.
10. Mark external boundaries of the FAFR for navigation purposes, develop a program of regular inspection and maintenance of navigation marks in the FAFR, and prescribe a levy for the recovery of the associated costs.
11. Develop aquaculture licence conditions prescribing surface infrastructure requirements within the FAFR.
12. Determine minimum standards for secure attachment of buoys to aquaculture infrastructure and the rehabilitation of lease sites in relation to discarded, derelict and inappropriate aquaculture equipment.
13. Develop and implement a compliance strategy relating to the FAFR.
14. Develop bond or bank guarantee provisions for cost recovery for the removal of abandoned commercial aquaculture equipment.
15. Develop a Crown lease clause and aquaculture licence condition requiring public liability trespass insurance.
16. Develop an aquaculture licence condition relating to maintenance of environmental standards within the FAFR.
17. Develop an industry code of practice to facilitate the implementation of the Plan.
18. Review the need for an active cultured stock health surveillance program within the FAFR.
19. Prepare a research and development action plan and establish a research and development site as required on the basis of strategic needs within the FAFR.
20. Determine the size, location and orientation of Crown lease sites within the FAFR.
21. Develop Crown lease clauses and aquaculture licence conditions prescribing minimum rates of development within the FAFR.
22. Extend the existing VSQAP to meet industry needs.
23. Develop a communication strategy for the FAFR.
24. Undertake a review of the economics of aquaculture in the FAFR.
25. Determine the need for a maximum stocking rate for abalone cage culture within the FAFR.
26. Review the FAFR Management Plan.

Appendix 2: Acronyms and abbreviations

Appendix 3: Definitions for the Flinders Aquaculture Fisheries Reserve Management Plan

Abalone cage culture

The culture of abalone contained in mid-water and or movable cages located on the seafloor.

Abalone ranching

The non-contained culture of abalone on structures.

Active feeding

The use of harvested macroalgae and or artificial feeds in aquaculture.

Allocation

A process culminating in the issue of Crown leases over areas within an aquaculture fisheries reserve consistent with the Victorian Aquaculture fisheries reserves - leasing and licensing policy.

Artificial feeds

Feeds including pelleted formulated feeds, whole/trash fish and by-products used for aquaculture.

Baseline survey

An initial assessment of physico-chemical, environmental and biological attributes of the specific Crown lease site.

Biological reference site

Compliance points which are located outside the Crown lease/aquaculture licence site at a predetermined location and designed to be used as 'indicators' to clarify the extent of environmental impacts attributable to aquaculture activity within the Crown lease/aquaculture licence site.

Characterisation survey

A broad assessment of the habitat, physicochemical, environmental and biological attributes of new aquaculture areas, including extensions to existing areas.

Checkerboard design

An aquaculture fisheries reserve design in which the reserve is divided into equal sized square blocks (sites) and every alternate block is utilised for aquaculture, similar to the pattern on a checkerboard.

Compliance point

Those specific locations within the Crown lease/aquaculture licence site at which survey data and or samples will be measured/collected, typically along a specific transect. Biological Reference Sites are effectively compliance points which are located outside the Crown lease/aquaculture licence site at a predetermined location and designed to be used as 'indicators' to clarify the extent of environmental impacts attributable to aquaculture activity within the Crown lease/aquaculture licence site.

Crown lease site

The area of land specified on a Crown lease issued under the Land Act 1958.

Declaration of the Plan

A management plan may be declared by the Minister under section 28(1) of the Fisheries Act 1995.

Dredging spoil ground

An area set aside for the placement of sediment removed from commercial shipping channels by dredging.

Ecologically Sustainable Development

A term used to describe development that takes account of environmental sustainability, economic viability and social equity.

Epifauna

Animals that live on the sea floor, or attached to other animals or objects under water.

Fallow

Leave area uncultivated or move aquaculture cage to another area.

Food Conversion Ratio

The amount of food required to produce a certain amount of wet weight in an aquaculture species. Also expressed as a ratio.

Greenfield

A site/area not previously developed.

Infauna

Animals that live beneath the surface of the sea floor.

Licence site

The area specified on an aquaculture licence issued under section 43 of the Fisheries Act 1995 within which aquaculture activity is authorised.

Licensed Surveyor

A person whose name is entered on the Register of Licensed Surveyors as per the Surveying Act 2004.

Longline backbone

The length of longline that is available for the attachment of production substrate.

Management trigger

The status that is unacceptable and requires immediate remedial action.

Monitoring

Refers to ongoing assessment of physico-chemical, environmental and biological attributes of the aquaculture licence site(s).

Nutrient offset

A mechanism established through 'nutrient trading' whereby the addition of nutrients from one operation is offset by the removal of nutrients by another operation.

Performance indicators

Attributes to be measured in order to track the status of the FAFR relevant to the objectives.

Remediation action

An action undertaken to return the status to the target reference point.

Reference point

The status management wishes to achieve.

Stock

The aquaculture species specified in an Aquaculture Licence for culture.

Stocking rate

Stocking density includes both the number and biomass of a stocked species within a unit area or volume expressed as an average over one year.

Threatened

Under the EPBC Act, threatened species are listed under the following categories: Extinct; Extinct in the Wild; Critically Endangered; Endangered; Vulnerable; Lower Risk; or Data Deficient.

Translocation

Any human assisted movement of an aquatic organism.

Appendix 4: The Victorian Government response to the recommendations of the Final Report of the Environment Conservation Council's (ECC) Marine, Coastal and Estuarine Investigation (2000) for marine aquaculture in Victoria

R40.

Commercial finfish aquaculture should not be considered in Port Phillip Bay until preliminary trials have been conducted under the following conditions:

• the trials are undertaken according to the nutrient reduction plan as outlined in clause 12, Schedule F6 (Waters of Port Phillip Bay) of the State Environment Protection Policy (Waters of Victoria); and
• a detailed monitoring program, including monitoring of the ongoing net nutrient balance, is carried out by the Department of Natural Resources and Environment.

  Commercial operations should only be approved by the NRE after advising the Minister responsible for Fisheries and the Minister for Environment and Conservation that:

• the trial demonstrates that commercial operations can be carried out with no net additional nutrient input to Port Phillip Bay; and
• a mechanism is developed, and put in place, to ensure independent monitoring of the ongoing net nutrient balance of commercial finfish aquaculture operations in the bay.

Schedule F6 (Waters of Port Phillip Bay) of the State environment protection policy (Waters of Victoria) requires the annual nitrogen load to Port Phillip Bay to be reduced by 1000 tonnes by 2006, and development of a Port Phillip Bay Environmental Management Plan and associated Nutrient Reduction Plan. Any finfish aquaculture proposals will be required to conform to the Nutrient Reduction Plan.

Within this context, the application of nutrient offset mechanisms (through the establishment of 'nutrient trading' whereby the addition of nutrients from one operation is offset by the removal of nutrients by another operation) will be investigated. In addition, as nitrogen is the key limiting nutrient for biological processes in the Bay, the focus of any offsetting/trading will be on nitrogen rather than other nutrients, such as phosphorus. Under any offset/trading scheme, purchasers of offsets will need to ensure best practice approaches are used to minimise nutrient inputs.

Commercial finfish aquaculture in Port Phillip Bay will only be considered if it can be demonstrated through peer-reviewed scientific research that nutrient management can be implemented successfully and without detriment to the environmental values of the Bay.

During the current review of the State environment protection policy (Waters of Victoria), EPA will consider including specific provisions in relation to waste minimisation requirements of aquaculture.

R41.

Each aquaculture area be subject to preparation of a management plan, including:

• specification of baseline and ongoing environmental monitoring requirements;
• access to the zone by other users;
• design, construction, maintenance and visual impact of structures; and
• any additional requirements for individual areas noted in recommendations E1 to E12 below.

It is proposed that aquaculture zones be declared as fisheries reserves under Section 88 of the Fisheries Act 1995. As prescribed by Section 89 of the Act, a Management Plan must be prepared. The purpose of a Management Plan is to specify policies and strategies to ensure the ecological sustainable development of aquaculture zones. Accordingly the Management Plan will specify commitments to monitoring, public access, structural compliance and other requirements listed above (see R46).

R42.

Until the completion and approval of a Victorian Translocation Policy consistent with the National Policy for the Translocation of Live Aquatic Organisms, (Ministerial Council on Forestry, Fisheries and Aquaculture 1999), translocation of marine organisms for aquaculture be conducted according to interim translocation protocols or codes of practice, which should be publicly available. Preparation of the State policy and associated codes of practice should include public consultation.

NRE is developing a Victorian Translocation Policy, which will be released for public comment. In the interim, as a minimum standard NRE will continue to comply with the National Policy for the Translocation of Live Aquatic Organisms regarding translocation of marine organisms for aquaculture.

R43.

NRE expand existing and introduce new research and monitoring programs for existing and new aquaculture operations to include the following:

• assessment of changes in benthic species composition and abundance beneath aquaculture farms;
• monitoring for introduced species, pathogens, diseases, nutrient enrichment (particularly when supplementary feeding is used) and other potential ecosystem effects on the surrounding environment;
• an assessment of recovery times following cessation of aquaculture activities in an area;
• participation by the proponent in, and contribution to the cost of these programs; and
• publicly available reports.

Such detail will be outlined in the Management Plans for aquaculture zones, which will be released for public comment. The Management Plan will also give consideration to the indicators mentioned above, amongst others, and specify the frequency of public reporting.

R44.

Aquaculture operations which use supplementary food ensure that the food is tested and certified to be free from diseases, pathogens, other unwanted species, and therapeutic chemicals, subject to Import Risk Analyses (IRAs) to be developed by AQIS for processed aquatic animal feeds, aquatic meals and other aquatic animal products (see AQIS 1997).

Monitoring of imported product is the responsibility of Biosecurity Australia (formerly part of the Australian Quarantine and Inspection Service). Aquaculture operators will only be able to use imported product approved by Biosecurity Australia.

R45.

Conditions of aquaculture licences include provision for an instrument such as a performance bond to ensure that the operator undertake restoration of the site should the operation be abandoned or destroyed.

Recent changes to the Fisheries Act 1995 provide specific provision for the Secretary of NRE to require the clean-up of a site by the licence holder if that licence is cancelled or expired. This provision extends to the licence holder covering the costs associated with restoration of abandoned or destroyed aquaculture sites.

R46.

Other uses within licenced sites be allowed, except where they affect safe, secure and efficient aquaculture operations.

Aquaculture leases in zones are comparable to terrestrial commercial businesses. Public health and safety (ropes, surface obstructions, traffic etc.), operational efficiency and stock security are issues to consider when looking at multiple-use of these sites. In general, public access to aquaculture zones will be permitted but not to any declared lease areas.

Recommendation E: Aquaculture Zones: The recommended areas shown on Map A (numbered E1 to E12) be made available for marine aquaculture subject to recommendations R41 to R46 above:

E1 Portland Aquaculture Zone

E2 Grassy Point Aquaculture Zone

E3 Clifton Springs Aquaculture Zone

E4 Point Lillias Aquaculture Zone (land-based)

E5 Avalon Aquaculture Zone (land-based)

E6 Bates Point Aquaculture Zone

E7 Kirk Point–Werribee Aquaculture Zone

E8 Beaumaris Aquaculture Zone

E9 Mount Martha Aquaculture Zone

E10 Dromana Aquaculture Zone

E11 Pinnace Channel Aquaculture Zone

E12 Flinders Aquaculture Zone.

The Government will support aquaculture initiatives subject to environmental assessment in each case. Existing and future marine aquaculture will be assessed under a management planning process, where planning and environmental controls will be established following community consultation. Aquaculture initiative funds over the last two years were aimed at facilitating industry growth. A review of the aquaculture initiative has recently been completed and endorsed by the Minister for Energy and Resources and will guide future Government commitment to aquaculture development.

All proposed aquaculture zones in Port Phillip Bay will be developed in accordance with Schedule F6 (Waters of Port Phillip Bay) of the State environment protection policy (Waters of Victoria).

The Kirk Point-Werribee Aquaculture Zone is located near the Western Treatment Plant. Any aquaculture proposal will need to be developed in accordance with requirements specified in the Werribee Segment of Schedule F6 (Waters of Port Phillip Bay) of the State environment protection policy (Waters of Victoria).

Appendix 5: Detailed description of the attributes of the Flinders Aquaculture Fisheries Reserve

The physico-chemical and biological features of the FAFR have been assessed and described by the Primary Industries Research Victoria, Queenscliff Centre as part of characterisation studies of the area (McKinnon et al. 2004.). The following description is a synopsis of this information.

Location

The FAFR is 440 ha comprising an established harvesting area and a greenfield extension to that area. The established Flinders aquaculture harvesting area (350 ha) is located approximately 0.3 km offshore (east) from the township of Flinders on the Mornington Peninsula. The 90 ha extension of this area abutts the eastern boundary approximately 0.7 km offshore. The FAFR has the following coordinates:

*Note: E and F are bends on the western boundary of the FAFR.

Bathymetry

Water depth at the FAFR ranges from 7 to 11 m. The seabed generally slopes gently away in a south-easterly direction with three shallower ridges running perpendicular to the coast.

Sediment characteristics

In the characterisation survey a total of 48 randomly allocated sampling sites were analysed. The sediment predominantly consists of very fine to medium-grained sand (125-250 µm) with a light covering of silt over bare patches of sand. There is an area of sand and rubble in the southern half of the FAFR.

Benthic fauna

The benthic fauna of the FAFR consists of numerous species, dominated by low densities of crustaceans and molluscs. A total of 79 taxa were identified at the FAFR. The most abundant taxa are molluscs of the family Condylocardiidae (mean density, 13 individuals per sample), and crustaceans of the order Ostracoda (mean density, 7 individuals per sample). Other taxa represented at lower abundances are crustaceans of the families Urohaustorriidae, Phoxocephalidae and Platyischnopidae (mean densities, 5, 4 and 3 individuals per sample). Crustacean taxa constitute 43% of the total taxa identified at the FAFR.

Epiflora and epifauna

Sparse distributions of the seagrasses Heterozostera tasmanica and Amphibolis antarctica, and various taxa of macroalgae are located within the southern boundary of the FAFR. Epifauna taxa within and beyond the southern boundary of the FAFR are distributed in relation to sediment grain size. Within the southern boundary as the quantity of rubble increases Heterozostera tasmanica is gradually replaced by Amphibolis antarctica, which is then replaced by various taxa of macroalgae from the phyla Chlorophyta, Phaeophyta and Rhodophyta.

Currents, wind and waves

The FAFR is located in Flinders Bight a high energy and sand dominated environment that is strongly influenced by Bass Strait (Arnott et al. 2000).

During summer the prevailing winds are from the south to south-east. During winter, winds from the west to north predominate. (Arnott et al. 2000)

The FAFR is subject to daily tidal flushing that generates considerable mixing and exchange of water. A review of historical studies of physical data in the region was undertaken to assess likely winds, waves and currents at the FAFR.

Current metering studies undertaken nearest to the FAFR occurred along a line between Sandy Point and Cowes and at the Western Entrance. These indicated that mid-water currents were typically around 0.6 m/s in spring tide conditions, subject to local topographic conditions, and that oceanic water from Bass Strait was drawn into WP on the western side of the Western Entrance during flood tides, and in the main channel areas between 0.6 to 1.0 m/s. Currents in the Western Entrance Channel can reach 1.3 m/s in the water column and 0.7 m/s on the seabed (Arnott et al. 2000).

The FAFR is exposed to winds from the east to the south and protected by high cliffs reducing the influence of winds from the north-west and the south-west (Arnott et al. 2000). Wind data collected from Crib Point in WP approximately 22 km northeast of the FAFR during the period 1971 to 1973 was collated. The predominant winds at Crib Point from 1971 to 1973 were from the south (18%), the north (17%) and the north-west (16%). The most common wind speed range was 10–18 km/h (40%), followed by less than 9 km/h (32%) and 19-28 km/h (15%), 28-37 km/h (7%) and greater than 37 km/h (3%) (Spillane et al. 1975).

An analysis of winds and tides at Flinders Jetty showed that wind shear in WP is not the primary cause of anomalous tides. Wind shear in Bass Strait, or atmospheric pressure changes give rise to tidal anomalies which propagate into WP..

The FAFR is affected by swell from Bass Strait, in addition to wind-waves. In general swell waves from the south and south-west predominate, affecting the eastern and central parts of the FAFR to a greater extent than the inshore western edge. Wave conditions in the protected western corner of the FAFR may experience significant wave heights in the order of 1 m, whilst the more exposed north-eastern section of the FAFR may experience significant wave heights in the order of 2 m

Water quality

During 1987–96 surface water temperatures varied between 12.0 and 19.8 °C and the surface salinity varied from 31.1 to 35.7 ppt.

Marine shellfish contamination events are commonly rainfall driven. Three minor streams, Dodds Creek, Mantons Creek and Stony Creek flow towards the FAFR area. These streams have insufficient momentum to form a jet plume, their dispersion is determined by current and wind patterns (Arnott et al. 2000).

The closest significant discharge point to the FAFR is the Eastern Treatment Plant (ETP) outfall at Boags Rocks (20 km north-west from the FAFR). Discharges from the ETP outfall can disperse into WP, however effluents are unlikely to contaminate mussels in the FAFR (Arnott et al. 2000).

The FAFR is monitored under the VSQAP and has been classified as 'Conditionally approved', the second highest classification in the ASQAP. Conditionally Approved shellfish harvesting areas must meet the requirements of the ASQAP operations manual (ASQAP 2002), for shellfish harvested in that area to be available for human consumption. Fisheries Victoria is presently finalising a comprehensive sanitary survey to seek accreditation for export for the FAFR.

Food safety standard of product at harvest from the FAFR is assured through precautionary closures based on rainfall and phytoplankton triggers (Appendix 6). The mean annual rainfall for the Flinders area is 894 mm (Arnott et al. 2000).

During 1988 heavy metal concentrations were measured in mussels growing in the Flinders aquaculture harvesting area (Arnott et al. 2000) with the following results:

*ANZFA 'maximum permitted concentrations' converted from wet weight to dry weight assuming moisture content of 80%.

The heavy metal concentrations measured in the mussels were all below Australia New Zealand Food Authority "maximum permitted concentrations", except for lead concentrations during winter. The winter lead concentration was considered as anomalous, however it is a point of assessment for the VSQAP.

Figure 2: Surface and three dimensional contour plot of the FAFR extension and existing area. (Source: McKinnon et al. 2004)

Figure 3: Habitat plot of the FAFR extension. (Source: McKinnon et al. 2004)

Appendix 6: Victorian Shellfish Quality Assurance Program (VSQAP) water quality triggers

* Draft National Biotoxin Strategy and New Zealand triggers adopted for now until more information is available for PPB.

Appendix 7: Standing Committee members and affiliation

Chair: Dr David Smith

Primary Industries Research Victoria
Qeenscliff Centre

Committee members: Mr Grant Arnold

Department of Primary Industries,
Fisheries Victoria

Mr Graeme Creed

Fisheries Co-Management Council

Mr Max Fletcher

VRFish

Mr John Garnham

Department of Primary Industries,
Fisheries Victoria

Ms Madeline Glynn

Department of Sustainability and Environment

Mr Robert Hede

Victorian Aquaculture Council

Mr John Hotchin

VRFish

Mr Don Hough

Department of Sustainability and Environment,
Parks Flora and Fauna Division

Mr Ross McGowen

Seafood Industry Victoria

Mr John Mosig

Victorian Aquaculture Council

Mr Steve Rodis

Fisheries Co-management Council

Mr Peter Rankin

Fisheries Co-management Council

Executive Officers: Dr Peter Appleford

Department of Primary Industries,
Fisheries Victoria

Mr Andrew Clarke

Department of Primary Industries,
Fisheries Victoria

Mr Geoff Gooley

Primary Industries Research Victoria
Queenscliff Centre

Appendix 8: Potential ecosystem impacts of bivalve mollusc and offshore abalone culture

(Source: modified from Gavine and McKinnon 2002)

Bivalve Culture

Offshore Cage Abalone Culture

Appendix 9: Summary of the recommended responsibilities for Crown lease and aquaculture licence holders

Appendix 10: Transitional arrangements for existing licence holders

The time limits allowed for existing licence holders to become compliant with the Plan are based on three broad categories of risk: human health and safety, environment, and social.

• In regard to management arrangements relating to human health and safety, compliance will be required within three months of the declaration of the Plan.
• In regard to management arrangements relating to environmental risk, compliance will be required within 12 months of the declaration of the Plan.
• In regard to management arrangements relating to social risk, compliance will be required within five years of the declaration of the Plan.

Appendix 11: Timetable for the implementation of key actions recommended in the Flinders Aquaculture Fisheries Reserve Management Plan

View Appendix 11

Appendix 12: List of recommended fees, charges and levies relating to the implementation of the Flinders Aquaculture Fisheries Reserve Management Plan

Where possible the value of fees, costs and levies is provided below. The value of fees, costs and levies change and consequently the listed amounts are correct at the time of writing only. Costs are reviewed each year and changes are published in the Victoria Government Gazette.

New recommended fees, costs and levies relating to the implementation of the Flinders Aquaculture Fisheries Reserves Management Plan.

1. A levy to recover costs associated with inspection and maintenance of navigation marking of the Reserves from aquaculture licence holders for each reserve.
2. Crown lease holder's and aquaculture licence holder's costs relating to environmental baseline surveys and ongoing monitoring respectively.
3. Crown lease holder's costs relating to the provision of a bond or bank guarantee for cost recovery for the removal of abandoned commercial aquaculture equipment.
4. Crown lease administration cost.
5. Public liability insurance requirements for lease holders.
6. Cost of changing infrastructure.

Existing fees, costs and levies relating to aquaculture licences in the FAFR.

Fees and levies applicable for the year commencing 1 November 2004 to aquaculture licences in the Flinders Aquaculture Fisheries Reserve are illustrated below. Fees and levies are subject to change in accordance with the implementation of cost recovery following a Regulatory Impact Statement or CPI increase.

¹ Levied annually per licence.
² Payable only once per year per licence holder.

The amount of the applicable VSQAP levy for an Aquaculture (Crown Land – Bivalve Shellfish) Licence is calculated in accordance with regulation 617A of the Fisheries Regulations 1998 and varies according to the formula as provided in that regulation. For the 2004/05 licence period the VSQAP levy for the FAFR was $521.25 per 3 ha.

Lease/licence holders costs relating to the provision of a survey of a lease/licence site.

Lease/licence holder costs relating to the marking of a lease/licence site.

Footnotes

¹ A licence site is the area specified on an aquaculture licence issued under section 43 of the Fisheries Act within which aquaculture activity is authorised.

² Cage culture includes the culture of abalone contained in cages suspended in mid-water and or movable cages located on the seafloor.

³ Abalone ranching is the non-contained culture of abalone on structures.

⁴ Note that NRE (Department of Natural Resources andEnvironment) is now the Department of Primary Industries and the Department of Sustainability and Environment.

⁵ Compliance points are those specific locations within the Crown lease/aquaculture licence site at which survey data and or samples will be measured/collected, typically along a specific transect. Reference sites are effectively compliance points, which are located outside the Crown lease/aquaculture licence site at a predetermined location and designed to be used as 'controls' to clarify the extent ofenvironmental impacts attributable to aquaculture activity within the Crown lease/aquaculture licence site.

⁶ "Artificial Feeds" includes pelleted formulated feeds, whole/trash fish and by-products used for aquaculture purposes.

⁷ Buffer zones when required will be designed to ensure impacts attributable to aquaculture activity are contained within the reserve.

⁸ 'Longline backbone' is the length of longline backbone(headline) that is available for the attachment of productionsubstrate. No differentiation will be made between the length of single or double backbone longline.