Portland Aquaculture Fisheries Reserve Management Plan

Management Report Series No. 39

August 2006

Executive Summary

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

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 PAFR within a framework of Ecologically Sustainable Development.

The 200 ha PAFR is located within Portland Bay, offshore from the township of Portland. The Plan provides for the management of aquaculture in an ecologically sustainable manner within the PAFR. The PAFR was declared a fisheries reserve under the provisions of the Fisheries Act on 19 August 2004.

The scope of the Plan is limited to PAFR and the immediate environs. The Plan is constrained by the provisions of the Fisheries Act; the Victorian Government response to the recommendations of the Environment Conservation Council 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 PAFR 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 PAFR, 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:

• Aquaculture licensing arrangements including the development of classes of aquaculture licences specific to the PAFR;
• Crown leasing arrangements for the PAFR consistent with the Victorian Aquaculture Fisheries Reserves ¡V leasing and licensing policy;
• An environmental management framework including baseline surveys to be undertaken by Crown lease holders, 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);
• General public access to the PAFR;
• Restrictions on non.aquaculture activities within the PAFR;
• The requirement for Fisheries Victoria, Department of Primary Industries to survey and provide navigation marking for the PAFR, and the requirements for Crown lease holders to survey and provide navigation marking for Crown leases within the PAFR;
• Requirements for aquaculture infrastructure, including provisions for attachment;
• The development of an industry code of practice addressing noise, lighting and waste management;
• A maximum average stocking density;
• 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 PAFR as required on the basis of strategic research and development needs within the PAFR;
• A requirement that holders of Crown leases hold public liability trespass insurance to a minimum value of A$10 million;
• A requirement that holders of Crown leases provide a bond or bank guarantee for the removal of aquaculture equipment; and
• The development of guidelines for the management of interactions with protected species within the PAFR and an aquaculture licence condition prescribing the reporting requirements for interactions with protected species within the PAFR. Other issues covered in the Plan include:
• The reporting of exotic marine organisms and diseases;
• Production reporting for the PAFR;
• A process for designing the Crown lease dimensions and orientation within the PAFR; and
• Ownership of stock on the seafloor.

The Plan will provide the basis for the management of the PAFR for a period of five (5) 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 the 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 Portland Aquaculture Fisheries Reserve Management Plan ("the Plan") is to specify the policies and strategies for managing activity within the Portland Aquaculture Fisheries Reserve (PAFR).

The Plan prescribes management arrangements for the PAFR, which provide 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 PAFR;
• management of the PAFR 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 19 August 2004 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.

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 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. Recommendation E1 was that a 200 ha Portland Aquaculture Zone be made available for marine aquaculture within a larger investigation area. Further, it was recommended that the zone should be located to avoid low-profile reef and should not represent a shipping hazard.

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. It was recommended that the Portland Aquaculture Zone be made available for marine aquaculture.

At present there is no aquaculture within Portland Bay.

Portland Aquaculture Fisheries Reserve

The Portland Aquaculture Zone was declared as a fisheries reserve by Order in Council in accordance with section 88 of the Fisheries Act 1995 (the Fisheries Act) on 19 August 2004. 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.

A 'characterisation' survey of the Portland Bay investigation area was undertaken over 698 ha as recommended by the ECC. A summary of that survey is provided in this section with further information available in Appendix 5.

Following the survey, and in line with the recommendations of the ECC, the Portland Aquaculture Fisheries Reserve (PAFR) was identified and its location is shown in Figure 1. The location of the 200 ha PAFR was selected to avoid low-profile reef and so as not to present a hazard to commercial shipping.

Attributes of the Portland Aquaculture Fisheries Reserve

The PAFR is a 200 ha (approximately 1 km by 2 km) rectangular 'greenfield' area.

Location

The PAFR is located in Portland Bay approximately 2.6 km offshore (north-east) from Blacknose Point, and has the following coordinates:

Bathymetry and sediment characteristics

Water depth at the PAFR ranges from 20 to 26 m. The sediment predominantly consists of finegrained sand (Appendix 5).

Benthic fauna, epifauna and epiflora

The benthic fauna of the PAFR consists of numerous species, dominated by high densities of molluscs of the family Rissoidae and crustaceans of the order Tanaidacea (Appendix 5).

Isolated, sparse populated areas of the seagrass species Heterozostera tasmanica are located within the western boundary of the PAFR (Appendix 5).

Currents, wind and waves

A large feature of the region is the Bonney Upwelling, an upwelling of cool nutrient-rich water along the shelf break in the Portland to Robe (South Australia) region. It occurs between November/December and March/April.

Locally, the prevailing currents in the PAFR move towards the north to north-west and south to south-east on the flood and ebb tides respectively.

Average daily maximum current speeds recorded during a survey over an 11 week period, between May and August 2003, were 0.03 m/s ¨C 0.08 m/s, with occasional peaks at 0.10 m/s. The highest current speed recorded during the survey was 0.13 m/s at a depth of 13 m.

Waves in Portland Bay are generally ocean swell waves that have been generated in the Indian and Southern Oceans and across the Great Australian Bight. Detailed measurements of wave and swell conditions specific to the PAFR are not available and should be sourced by prospective aquaculture proponents.

Modelling was conducted for the period between 1991 and 1996, encompassing several storm events. The modelling indicated that Significant Wave Heights1 in the PAFR may reach 6.5 m with a peak period of 16 seconds and winds may reach Gale Force (estimated 25 Year Return Period).2

Water quality data specific to the PAFR are not available; however Portland Bay is exposed to ocean currents providing a high degree of mixing. Water quality in Portland Bay is expected to be consistent with adjacent oceanic conditions in Bass Strait.

Access and serviceability

The PAFR is located less than 5 km south-east of Portland harbour, where commercial shipping and fishing vessels may source access and facilities.

Shore-based and port infrastructure is beyond the scope of this Plan. However, further provision for and development of shore-based and port infrastructure will be investigated in consultation with the appropriate stakeholders and other representative bodies and agencies.

Other users of the Portland Aquaculture Fisheries Reserve and environs

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

• Commercial shipping;
• Recreational boating, fishing and diving;
• Charter boat operators; and
• Commercial fishing.

Commercial shipping

The Victorian Regional Channel Authority manages commercial navigation channels in Portland Bay. The PAFR is not located within commercial navigation channels.

The Port of Portland P/L manages commercial shipping operations within the gazetted port waters. The PAFR is located outside the gazetted port waters. The PAFR will be marked appropriately so as not to present a hazard to commercial shipping.

Recreational boating

The Portland Bay area is popular for recreational boating. The PAFR will alienate 200 ha previously available for recreational boating, however this is a relatively small area which is not unique within Portland Bay. It is not anticipated that the PAFR will have any significant impacts on recreational boating in Portland Bay.

Recreational fishing

The key recreational species in the Portland area are blue warehou (Seriolella brama), snapper (Pagrus auratus), King George whiting (Sillaginodes punctata), long-finned pike (Dinolestes lewini), yellowtail kingfish (Seriola lalandi), sand and yank flathead (Platycephalus bassensis and P. speculator), Australian salmon (Arripis sp) and gummy shark (Mustelus antarcticus). The Portland area is used by game fishers to access other species in the waters of Bass Strait. The location of the PAFR will not impact upon shore based fishing and does not contain fishing areas that are unique in Portland Bay.

Recreational diving

Recreational diving occurs in Portland Bay and surrounding areas with divers engaging in activities including reef dives, photography and collection of fish and shellfish. The PAFR will alienate 200 ha previously available for recreational diving, however this is a relatively small area which is not unique within Portland Bay. The PAFR has limited appeal to recreational divers due to a lack of reefs or unique substrates.

Charter boat operators

The charter boat industry in Portland Bay predominantly provides recreational fishing, coastal wildlife viewing and diving services. The nature of the environment within the PAFR suggests that the PAFR is not a major charter boat destination at the present time.

The charter boat operators in Portland Bay mainly focus on fishing trips in the deeper waters of Bass Strait.

Portland Aquaculture Fisheries Reserve

click on the image above to view a larger version of the map

click on the image above to view a larger version of the map

The commercial catch from the rock lobster, abalone, giant crab, ocean access and inshore trawl fisheries operating out of Portland had an annual value ranging between A$7.2 million and A$12.7 million during 1999 - 2004. No rock lobster, giant crab or abalone are caught from within the PAFR as there is no reef present within the reserve.

During 1999-2004, the key finfish species caught by the ocean access and inshore trawl fisheries in the area around Portland were snapper, King George whiting, barracouta (Thyrsites atun), wrasse (including Notolabrus tetricus, N. fucicola), octopus (Octopus sp.) and Australian salmon. The average annual ocean access and inshore trawl fishery catch for the 7400 ha commercial fishery reporting grid area around Portland Bay had an annual value ranging between A$90 000 and A$270 000. The PAFR occupies 200 ha or 2.7% within this reporting grid and is not anticipated to have a significant adverse impact on the commercial catch.

Current management arrangements

The term aquaculture is generally used to describe all types of aquatic farming, whether in fresh, brackish or seawater. The Food and Agriculture Organisation (www.fao.org/fishery/en) 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."

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:

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

Fisheries Victoria is the lead agency in aquaculture development in Victoria consistent with the relevant objectives of the Fisheries Act 1995:

"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) includes:

• 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.

In line with the above, consent is required under the Coastal Management Act that provides for a coordinated approach to approvals for the use and development of coastal Crown land (for example for aquaculture).

The Land Act 1958 (the Land Act) provides for the granting of leases and licences for the use of Crown lands. 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 2000. The ECC noted that it was expected that these zones be established as fisheries reserves under section 88 of the Fisheries Act. The Portland Aquaculture Zone has been declared as a fisheries reserve for the purposes of aquaculture and a management plan is to be prepared for the PAFR under Part 3 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 purposes 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.

The entitlements of the licences are provided for in the Fisheries Regulations 1998 (the Fisheries Regulations).

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 and any conditions that the Secretary 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.

Other legislation

In addition to the Government legislation and policies mentioned above, the following legislation is relevant to offshore aquaculture development:

Marine Act

The Marine Act 1988, administered by Marine Safety Victoria provides for the efficient and safe operation of vessels on Victorian waters. Marine Safety Victoria is responsible for setting the standards for the design, construction and maintenance of commercial vessels and navigational aides on State waters and for enforcing and monitoring compliance with these standards.

Flora and Fauna Guarantee Act

The Flora and Fauna Guarantee Act 1988 is administered by the Victorian Department of Sustainability and Environment (DSE). The Act provides an administrative structure to enable and promote the conservation of Victoria's native flora and fauna and to provide for a choice of procedures which can be used for the conservation, management or control of flora and fauna and the management of potentially threatening processes.

Wildlife Act

The Wildlife Act 1975 is administered by the DSE and promotes the protection, conservation and sustainable use of wildlife and regulates the conduct of persons engaged in activities related to wildlife.

Commonwealth Native Title Act

Native title is based on the laws and customs of indigenous people and is recognised by the common law of Australia. Under the Commonwealth Native Title Act 1993, indigenous people can claim native title on Crown land and waters in their traditional land and waters.

Environment Protection and Biodiversity Conservation Act

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) is administered by the Commonwealth Department of Environment and Heritage. The EPBC Act provides for the identification of key threatening processes and the protection of critical habitat. The Act also promotes the conservation of biodiversity and provides for the protection of listed species, protected areas and communities in Commonwealth areas.

Shellfish quality assurance

The Victorian Shellfish Quality Assurance Program (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 Australian Shellfish Quality Assurance Program (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 harvesting for human consumption is regulated by harvest area closures using precautionary rainfall and phytoplankton triggers.

Compliance

An aquaculture compliance strategy including the PAFR will be developed and will identify compliance with licence conditions and lease clauses, including infrastructure type and location, and activity undertaken within the reserve.

Co-management

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

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

The third group comprises the government agencies, which includes the Department of Primary Industries (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 Portland Aquaculture Fisheries Reserve Management Plan

Part 3 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 Portland Aquaculture Fisheries Reserve Management Plan (the Plan) was prepared by Fisheries Victoria, assisted by a steering committee comprising representatives from the peak bodies recognised under the Fisheries Act (VRFish and SIV) and key stakeholders including the FCC, Port of Portland, Victorian Regional Channels Authority, Gunditjmara Native Title Claim Group, DPI, DSE and an aquaculture industry representative (Appendix 6). The role of the steering 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 from Victoria, other states and countries, consultation with industry and government agencies, and other documentation such as policies, plans, research reports and an expert panel 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 sub-headings which identify the particular issues.

The scope of the Plan is:

• limited to the PAFR 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 Biodiversity Conservation Act (Commonwealth) 1999;
  • Flora and Fauna Guarantee Act (Victoria) 1988;
  • Land Act (Victoria) 1958;
  • Marine Act (Victoria) 1988;
  • Native Title Act (Commonwealth) 1993;
  • Quarantine Act (Commonwealth) 1908;
  • Wildlife Act (Victoria) 1975; and
• consistent with other key Government policies, including:
  • Victorian Government response to the ENRC Inquiry into Fisheries Management 2001;
  • Victorian Government response to the ENRC Inquiry into Utilisation of Native Flora and Fauna 2000;
  • National Aquaculture Action Agenda 2002;
  • National Competition Policy 1995;
  • Guidelines for Assessing Translocations of Live Aquatic Organisms in Victoria 2003;
  • Office of Regulatory Reform Aquaculture Task Force Report 1999;
  • State Environment Protection Policy (Waters of Victoria) and the relevant schedules;
  • Victorian Aquaculture Strategy 1998;
  • Victoria's Biodiversity Strategy 1997; and
  • Victorian Coastal Strategy 2002.

Objectives of the Plan

As previously stated, the purpose of the Plan is to ensure the management of the PAFR 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 PAFR. To this end the Plan specifies ecological objectives, strategies, performance indicators, reference points and management triggers for the PAFR. 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 and security of occupancy rights within the PAFR.

Social objectives

An important goal of the Plan is the management of the PAFR 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 PAFR. 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 PAFR.

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 PAFR and management measures are detailed in the Plan.

The potential ecosystem impacts associated with finfish, bivalve shellfish and abalone cage culture are summarised in Appendix 7.

Issues management

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. The purpose of the risk assessment is to identify and rank, as a means of gap analysis, actual and potential issues associated with the management of the PAFR.

The risk assessment identified issues requiring a management response in the plan by assigning a rating of 'moderate' or higher. Table 1 outlines the categories rated 'moderate' or higher and specific issues raised by the risk assessment and also the section of the plan where a management response is detailed.

Table 1: Issues identified by the risk assessment as potentially affecting ecological, economic and social wellbeing and the ability to achieve governance and associated management actions.

Portland Aquaculture Fisheries Reserve Management Plan

Duration of the Plan

The Plan will provide the basis for the management of the PAFR for a period of five (5) 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 in the Portland Aquaculture Fisheries Reserve 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 the areas adjacent to the PAFR are not jeopardised as a result of aquaculture activity within the PAFR.
2. To limit ecological impacts within the PAFR as a result of aquaculture activity to local, acceptable and reversible change.
3. To provide management responsiveness to changes in the ecological health within the PAFR and adjacent areas of Portland Bay.
4. To limit impacts of aquaculture activity within the PAFR on threatened, endangered, migratory and protected species.

Strategies:

1. Identify the biological and ecological factors relevant to the management of the PAFR.
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.
6. Monitor areas and functions of licence holders and instigate appropriate management actions.
7. Specify management actions and reporting requirements for interactions with threatened, endangered, migratory or protected species within the PAFR.

Economic

Objectives:

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

Strategies:

1. Identify the economic factors relevant to the management of the PAFR.
2. Define a process to determine the area to be allocated, size of Crown lease sites and infrastructure restrictions consistent with leading marine farming practice and the carrying capacity of the PAFR.
3. Provide for consent to use and develop Crown land, and occupational authorisation and security of tenure for aquaculture investors.
4. Identify relevant research and development needs, and facilitate and promote research and development collaboration as appropriate.
5. Develop quality assurance programs relevant to the PAFR as appropriate.
6. Specify the minimum rate of infrastructure development on aquaculture sites within the PAFR.

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.
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 PAFR.
2. Specify navigation marking requirements.
3. Specify guidelines regulating or restricting non-aquaculture activity in the PAFR.
4. Specify and make available appropriate environmental and production data for broader public use.
5. Increase awareness of aquaculture in the PAFR 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.
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.

Performance indicators, reference points and management triggers

Performance indicators are quantities to be measured in order to track the status of the PAFR relevant to the stated objectives.

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 2 and have been assigned to each of the Plan's objectives, as 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, where appropriate, the actions resulting from the management triggers being breached are described under the relevant sections in the Plan. However, in those cases where there is not a clear action described in the Plan, for example economic efficiency, the action resulting from the management triggers being breached will be to review the particular issue.

The Plan makes recommendations on the responsibilities of Crown lease and aquaculture licence holders. These responsibilities are summarised in Appendix 8.

Table 2: Performance indicators, reference points and management triggers for the Portland Aquaculture Fisheries Reserve Management Plan.

(a) Management objectives are directly relevant to one or more of the listed objectives of the Plan or parts thereof.

(b) Some reference points will be further elucidated during the life of the Plan.

(c) Some management triggers will be further elucidated during the life of the Plan.

(d) Indices of ecological health are to reflect ecological parameters considered to be linked to aquaculture practices and or to the well being of the aquaculture industry such as water quality and benthic habitat.

(e) Compliance indices will include but not be limited to numbers and hours of quality inspections, and numbers and types of warnings and offences.

Species

Consideration of the species permitted for culture in the PAFR 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 Open Coasts;
• the relevant fishery management plans, including the Victorian Abalone Fishery Management Plan 2002 and the Victorian Rock Lobster Fishery Management Plan 2003; and
• the Environment Protection and Biodiversity Conservation Act 1999.

Finfish

The culture of finfish can be adequately managed within an ESD-based framework in the PAFR.

Shellfish

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

At present, adequate information on the environmental impacts and associated management is not available for ranching5 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 within the PAFR:

1. Crown lease
   A Crown lease for marine aquaculture will be issued under the Land Act to a lease holder 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 aquaculture will be consistent with the Victorian Aquaculture fisheries reserves - leasing and licensing policy.

It should be noted that the Crown lease will provide exclusive occupancy rights for the purpose of conducting aquaculture activity, while the aquaculture activity will be authorised by an aquaculture licence.

Crown leases within the PAFR 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 leases within the PAFR 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 PAFR. An aquaculture licence specifying an area within the PAFR 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 PAFR will occur through the implementation of levies on aquaculture licences. Where appropriate, cost recovery should be levied pro rata on a licensed 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 PAFR.

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 PAFR if available. General permits will not be allocated for other sites within the PAFR.

Environmental management

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

In their response to the ECC recommendations for marine aquaculture 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:

"NRE⁶ 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 PAFR

One of the key management actions identified for the PAFR 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 3 for summary), which provides the technical basis for implementation of the environmental management framework within the PAFR. 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 one-off assessment of the habitat, physico-chemical and biological attributes of an aquaculture fisheries reserve. To identify the key environmental attributes of the PAFR and relevant reference sites for future monitoring, Fisheries Victoria has undertaken a characterisation survey of the PAFR. 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 PAFR.

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 3) specific to the site. This survey will include predetermined compliance point(s)⁷ and 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 site.

   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 program.
   

   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 3) of the aquaculture licence site(s).

   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. 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.

Table 3: Requirements of the baseline surveys and ongoing monitoring programs (Source: modified from Gavine and McKinnon, 2002).

✔ - required
X - not required

(a) To be completed by the Crown lease holder.
(b) To be completed by the aquaculture licence holder.
(c) The effectiveness of redox as a measure will be reviewed.

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, C:N 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 a 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 PAFR 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 4 and Table 5. Remediation of the site will be at the direction of the Secretary, DPI. The undertaking and funding 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 PAFR is a primary component of public accountability for the management of the PAFR. 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 4: Environmental performance indicators, management triggers and associated remediation actions for marine aquaculture activities (Source: modified from Gavine and McKinnon, 2002).

Interactions with birds, marine mammals and sharks

State and Federal legislation determine the management of interactions with birds, marine mammals and sharks. The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act), is the Commonwealth legislation designed to protect matters of national environmental significance. Matters of national environmental significance relating to the PAFR may include potential interactions between aquaculture activities and threatened, endangered, migratory and protected species (protected species), including birds, marine mammals and sharks.

The Victorian Wildlife Act 1975 (the Wildlife Act) and Flora and Fauna Guarantee Act 1988 (the FFG Act) provide for the conservation and protection of Victoria.s flora and fauna. Aquaculture activities within the PAFR will be conducted in accordance with the requirements of the Wildlife, FFG and EPBC Acts.

The biodiversity risks specifically regarding physical damage/injury, obstruction or other form of 'nuisance' to dolphins and whales, threatened sharks, seals and native birds, including penguins were considered in the risk assessment. The risk assessment identified interactions between aquaculture in the PAFR and threatened sharks and whales as being a risk requiring a management response within the Plan.

The EPBC Act prohibits killing, injuring, moving or exposing to risk, any native species. Potential interactions with protected species and the PAFR may include entanglement or injury from commercial aquaculture equipment.

The objectives of the Plan are to reduce the potential for interactions with protected species, to ensure that interactions are non-destructive and to review possible causes of interactions and implement actions to reduce their future likelihood. Licence holders must take all reasonable and practical measures to minimise adverse interactions with native wildlife and protected species. A licence condition will be developed requiring licence holders to report any interactions with native wildlife and protected species to the Secretary, DPI. Fisheries Victoria will prepare guidelines for reporting interactions and auditing the process for reporting and managing those interactions. Fisheries Victoria will require proponents to outline measures for the management of interactions with protected species. Performance indicators, management triggers and associated remediation actions in relation to interactions with protected species are described in Table 5.

Escaped fish

Fish that are no longer secured within aquaculture equipment may impact on the local environment in terms of biodiversity and or public amenity. The potential biodiversity impacts are assessed through the implementation of the Guidelines for Assessing the Translocations of Live Aquatic Organisms in Victoria. The guidelines provide for the development of protocols to minimise the risk from translocations, but if mitigation measures are ineffective, a biodiversity risk may remain. Potential biodiversity impacts from escaped fish include alteration of local population genetic structure, disruption of local food-chain dynamics and ecological competition with local species. Performance indicators, management triggers and associated remediation actions in relation to escaped fish and mortalities are described in Table 5. A licence condition will be developed prescribing the requirements for licence holders to report escapes or mortality of stock.

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 determining 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. During the life of the Plan, a review of the economics of marine aquaculture relating to the PAFR is recommended. Aquaculture industry representatives, in consultation with existing licence holders and Fisheries Victoria, will determine the terms of reference for this review.

Table 5: Performance indicators, management triggers and associated remediation actions in relation to escaped fish, mortalities and interactions with birds, marine mammals and sharks.

Disease

The Organisation Internationales Epizootiques (OIE) is the international organisation responsible for the International Aquatic Animal Health Code (OIE, 2000). 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. 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.

The degree of disease risk for marine aquaculture at the PAFR will vary with the choice of culture species and system, the standard of management, and the prevailing environmental conditions in and around the aquaculture area. 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 PAFR must comply with the appropriate disease reporting requirements and management response initiatives.

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

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 PAFR 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 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 and any associated protocols approved by the Secretary, DPI. Fisheries Victoria will develop further translocation protocols as appropriate.

Quality assurance programs

Victorian Shellfish Quality Assurance Program In respect of shellfish, 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 may be accredited for the harvest of product for export.

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 VSQAP may be extended to the PAFR to meet industry needs.

Food safety plans

In respect of finfish and shellfish, the Seafood Safety Act 2003 (the Guidelines for Assessing Translocations of Live Aquatic Organisms in Victoria) requires that 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 safety licence is to have a food safety program. Holders of those licences will be required to prepare and implement food safety plans that specify the Hazard Analysis Critical Control Points through supply-chain food safety requirements. In respect of exported product, aquaculture licence holders will be required to comply with the Australian Quarantine Act 1908 (the Quarantine Act).

Active feeding

Finfish aquaculture requires active feeding with pelleted formulated feeds, whole/trash fish and by-products used for aquaculture purposes. Cage abalone aquaculture requires active feeding with natural macroalgae and or artificial feeds.

Feed taken from Australian waters and used within the PAFR must be sourced in accordance with the relevant State and Federal regulations and legislation. Feed sourced overseas must be compliant with the Australian Quarantine Act, noting that the Australian Quarantine Inspection Service (AQIS) currently routinely conducts import risk assessments in relation to imported fish.

The State Environment Protection Policy (Waters of Victoria) (SEPP) has as its purpose to rehabilitate water quality in Victoria 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 the SEPP. The PAFR will be developed in accordance with the SEPP. All aquaculture proposals that require active feeding will therefore be required to comply with the SEPP.

Production reporting

A condition on all aquaculture licences is that the licence holder must complete an aquaculture crop 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 of the production from the PAFR. All production information for the PAFR may 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 PAFR will be in a form that protects commercial confidentiality of individual licence holders providing this requirement does not prevent production reporting for the PAFR.

Fisheries Victoria, following consultation with industry, will determine the reporting requirements for financial performance indicators. General public access to the PAFR When considering general public access to the PAFR there are two types of areas to be considered:

• sites specified on Crown leases; and
• areas within the PAFR that have not been specified on Crown leases.

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

General public access will only be permitted to areas of the PAFR that are not leased. The external boundaries of the leased sites will be marked in accordance with the provisions of the Marine Act 1988 (the Marine Act) to clearly delineate restricted access sites. A communication strategy will be developed in consultation with relevant industry representatives and VRFish to inform the public and industry of the entitlements of other users. The compliance strategy relating to the PAFR will also address compliance with access restrictions.

To ensure that the profitability of aquaculture operations within the PAFR is not jeopardised by the activities of other users, the following management arrangements are recommended:

• Fisheries Victoria, following consultation with stakeholders, will implement where possible and enforce an appropriate speed limit for boating within the PAFR;
• the cleaning of fish will not be permitted within the PAFR;
• the use of berley will not be permitted within the PAFR and should not be permitted within 500 m of the PAFR;
• 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 PAFR; and
• the compliance strategy relating to the PAFR will recognise that the disposal of human sewage and other litter in Portland Bay is illegal under the Environment Protection Act.

Survey and navigation marking

Providing Crown leases within the PAFR 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 Secretary, 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 within the PAFR are to be surveyed by the Crown lease holder at their expense prior to placing any commercial aquaculture equipment on the lease 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 -

(i) is undertaken by a qualified surveyor or other person approved by the Secretary.
(ii) is suitable for registering on a Crown land lease.
(ii) indicates the location of a licence holder's commercial aquaculture equipment in relation to boundaries of the aquaculture sites specified on this licence.
(iv) 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.

The maintenance of aquaculture equipment within the Crown lease boundaries is the responsibility of the aquaculture licence holder. Local currents, and 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

The external boundaries of the PAFR 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 implement a program for the regular inspection and maintenance of all navigation marking of the external boundaries of the PAFR. Fisheries Victoria will implement a system to recover costs associated with the inspection and maintenance of navigation marking of the external boundaries of the PAFR from the aquaculture licence holders. The recovery of these costs should be levied on licence holders receiving benefits pro rata on a licensed area basis.

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

Fisheries Victoria will communicate information regarding the type and location of navigation marks for the PAFR 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 PAFR.

The visual impacts discussed here are those associated with commercial aquaculture equipment only and not navigation marking infrastructure (as previously described). Within the PAFR the use of low profile, dark coloured buoys will reduce the visual impact of this infrastructure. The colour of buoys will be determined by considering the safety requirements of aquaculture workers and the general public, the local wave climate and the visual impact of aquaculture equipment. The colour of all buoys (non-navigation marks) and other floating commercial aquaculture equipment within the PAFR will be determined by Fisheries Victoria in consultation with relevant industry representatives and other relevant agencies and will be specified by the Secretary, DPI. Commercial aquaculture equipment and support infrastructure within the PAFR must be low in profile and be of a uniform size and shape. Commercial aquaculture equipment and support infrastructure within the PAFR should be different from the navigation marking of Crown lease sites and the PAFR.

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 and aquaculture equipment in licence conditions. Maintenance of these standards will be addressed as part of the compliance strategy relating to the PAFR. Aquaculture operators will be required to demonstrate that aquaculture infrastructure meets appropriate standards for local wave climate and interactions with protected species prior to deployment.

Movement or detachment of sea cages poses a risk to the environment, recreational boating and commercial shipping. Notwithstanding that aquaculture equipment must be low in profile, all sea cages including anchoring systems must be rated by the manufacturer to withstand wind and wave conditions specified by the Secretary, DPI. All floats and buoys associated with commercial aquaculture equipment and support infrastructure deployed within the PAFR must be marked to allow the identification of the relevant aquaculture licence holder. An aquaculture licence condition prescribing these requirements will be developed.

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 PAFR 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, DPI.

The deployment of commercial aquaculture equipment and support infrastructure outside of the lease site creates a safety hazard to other users of the PAFR. All commercial aquaculture equipment, including all anchors and mooring lines, and other support infrastructure located within the PAFR must be located within a Crown lease site. If commercial aquaculture equipment moves outside the lease area, the licence holder must, as soon as practical, either return the equipment to the lease area or dispose of the equipment in an appropriate manner. Fisheries Victoria will develop a licence condition specifying the requirement for retrieval of detached commercial aquaculture equipment.

The mooring of barges, boats and other structures within the PAFR for periods longer than 24 hours will require written approval from the Secretary, 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. The noise and light resulting from these activities has the potential to negatively impact other marine users, coastal residents and the marine environment. To minimise any potential impacts, marine farmers are required 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 PAFR. 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 PAFR. 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 PAFR include harvesting, cleaning, processing and mortality wastes; chemical and industrial wastes; 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 National Water Quality Guidelines, ANZECC 2000) to protect these waters.Further, theHealth Act 1958

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

Harvesting, cleaning, processing and mortality wastes

Solid wastes from harvesting or cleaning of all shell stock (including bait and spat) and from cleaning (for example removal of bio-fouling) commercial aquaculture equipment (including ropes and buoys) must be disposed of in an appropriate manner. All declumping and cleaning of shell stock must occur either:

• within the licensed site; or
• at a designated area that is appropriately monitored in compliance with the ASQAP and other environmental monitoring requirements.

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 PAFR.

The management of wastes from harvesting, processing and cleaning of commercial aquaculture equipment must be disposed of in a manner that has no unacceptable adverse effect on the ecology of the marine environment or nearby shoreline.

All wastes, including removal of fouling organisms from nets must be cleaned onshore in appropriately designated areas subject to the provisions of local government, local water authorities and the EPA.

Processing⁸ of aquaculture product will not be permitted within the PAFR. Fisheries Victoria will develop an aquaculture licence condition precluding processing of aquaculture product within the PAFR.

All fish mortalities arising in connection with aquaculture operations must be disposed of immediately in accordance with the relevant legislation and regulations and reported to Fisheries Victoria in accordance with aquaculture licence conditions.

Chemical and industrial wastes

Any use of chemicals directly related to aquaculture product and or infrastructure including for prophylactic/therapeutic use or for,anti-fouling, 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 PAFR may include cleaning products and petroleum byproducts 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 that pose a potential risk to the health of humans (including bacteria, viruses and protozoa). As a result the discharge of sewage into the marine environment in and adjacent to the PAFR 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

The requirements for lease dimensions, orientation and stocking rates may vary with intended use for bivalve shellfish production and active feeding (finfish and abalone).

Actively fed species

Determination of the total area and maximum stocking rate biomass of the PAFR allocated to the culture of actively fed species is based on the ability to maintain environmental standards for water quality and ecosystem health. Within a lease area, stocking rate constraints include oxygen availability and removal of metabolic wastes, which are typically species specific.

An ecological objective of the plan is to limit the ecological impacts of aquaculture activities to local, acceptable and reversible change. Management controls to achieve this objective may include; setting maximum biomass limits⁹, fallowing and setting minimum clearance limits of netting from the sea floor.

Within a lease area, biological constraints impose natural limits on the carrying capacity of farmed finfish including; water flow, water quality requirements and removal of metabolic wastes. These limits are typically species specific. The appropriate stocking rate for maintenance of environmental standards will be set as upper limits for each species or related species group. Stocking rates may be varied depending on the species, the method of culture/feeding and monitoring of environmental impacts.

Current practice interstate indicates that the maximum appropriate stocking rate for tuna farming is up to 4 kg/m³ within sea pens and 6 tonnes per hectare. For other finfish species (such as yellowtail kingfish), a stocking rate of 10 kg/m³ within sea pens and 15 tonnes per hectare is the maximum stocking rate. Appropriate stocking rates for other species will be determined based on the species, method of culture/feeding and monitoring of environmental impacts. This may vary from time to time depending on husbandry practices.

Initial stocking rates and biomass per hectare within the PAFR will reflect current practice interstate and will be reviewed based on an evaluation of fish husbandry practices and environmental monitoring results. Species-specific licence conditions will be developed to prescribe maximum stocking rate and total biomass per hectare within the PAFR.

Commercial aquaculture nets and or anchors may scour the seafloor impacting on biodiversity. Therefore, Fisheries Victoria will develop a licence condition specifying that finfish cages must have at least six (6) metres clearance distance above the seabed at low tide and in all weather, swell and wave conditions and that anchors must be secure.

Bivalve shellfish production

Determination of the total area of the PAFR allocated to bivalve aquaculture operations and the maximum culture substrate per area allocated is based primarily on the carrying capacity of the PAFR. Carrying capacity for commercial exploitation is defined as the stocking rate at which the annual production of a marketable crop is maximised. Within a lease area stocking rate constraints include substrate and oxygen availability, and food supply.

On-growing substrate for bivalve shellfish aquaculture may be controlled by prescribing a maximum length of longline backbone10 per hectare of lease site. A maximum of 0.5 km of longline backbone will be permitted per ha within the PAFR. This maximum will be prescribed as an aquaculture licence condition.

Size, orientation and location of lease/aquaculture licence sites

The size, orientation and location of Crown leases must be determined in relation to the proposed commercial uses of the PAFR. Size, location and orientation of Crown lease sites will reflect economic viability, separation distances to maintain adequate water flow, buffer zones11 around the periphery of the PAFR, the direction of currents and access to lease sites.

Fisheries Victoria, following consultation with the FCC and relevant industry experts, will determine the use, size, orientation and location of lease sites and consideration will be given to providing a research and development site within the PAFR.

Rates of development

Implementation of the PAFR 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 PAFR, 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 PAFR.

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

(a)Aquaculture licences
Aquaculture licence conditions prescribing minimum rates of development will be prepared for the PAFR. 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 grow-out systems should have similar development rates. Fisheries Victoria will ensure that provisions exist under the Fisheries 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 and escaped stock

Escaped stock

Escaped stock may include finfish and or abalone that are no longer secure within the aquaculture infrastructure within the Crown Lease. Ownership of escaped stock is limited to the confines of the Crown Lease area.

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 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 PAFR during 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 PAFR 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 Victoria's Fisheries and Aquaculture Research and Development Strategy, 2005/06 - 2010/11; and
• the needs of Crown lease holders and aquaculture licence holders within the PAFR.

The allocation of a research and development site within the PAFR will be considered during the design of the layout of areas within the PAFR, on the basis of strategic research and development needs within the PAFR. 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 with section 140 of the Fisheries Act 1995, that is research carried out or caused to be carried out by the Secretary, DPI.

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 PAFR, 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 within the PAFR.

Public liability insurance and bonds

Public liability insurance requirements for 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 within the PAFR will be required to obtain an appropriate public liability insurance policy covering the Crown lease/licence site, as specified by Secretary, DPI. The insurance policy must:

• be kept current for the duration of the Crown lease;
• be relevant to aquaculture activities within the 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.

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 PAFR 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 to a nonrefundable 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; 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 full cost of removing equipment, the risks of equipment abandonment relevant to the duration of the lease and, minimise the start-up cost for industry.

Fisheries Victoria will determine a process for recovering the cost of removal of commercial aquaculture equipment.

Exotic marine organisms

Management of exotic marine pests previously established in Portland Bay 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 Portland Bay, 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 Arrangements for Managing Exotic Marine Organisms Incursions (or as updated) will be implemented by the DSE.

Implementation of the management plan

This Plan describes the management of the PAFR in Portland Bay, 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 Portland Aquaculture Fisheries Reserve Management 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 9. 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 10. The purpose, process, timelines, outputs, outcomes and costs for the implementation of each of the key actions are detailed in Table 6. 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 an aquaculture licence condition relating to maintenance of environmental standards within the PAFR.
2. Prepare guidelines prescribing detailed methods and standards for undertaking environmental baseline surveys and ongoing monitoring within the PAFR.
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 PAFR.
6. Develop protocols for the management of translocation of live aquatic organisms to and from the PAFR where appropriate.
7. Implement, where possible, speed restrictions for boating in the PAFR.
8. Develop guidelines for surveying of Crown lease sites within the PAFR.
9. Develop a Crown lease clause and aquaculture licence condition for navigation marking of lease/licence sites within the PAFR.
10. Mark external boundaries of the PAFR for navigation purposes, develop procedures for inspection, maintenance and emergency recovery of navigation marks in the PAFR, and prescribe a levy for the recovery of the associated costs.
11. Develop aquaculture licence conditions prescribing surface infrastructure requirements within the PAFR.
12. Determine minimum standards for secure attachment of aquaculture infrastructure and the rehabilitation of lease sites in relation to discarded, derelict and inappropriate aquaculture equipment.
13. Develop a compliance strategy relating to the PAFR.
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 guidelines for management of interactions with protected species and an aquaculture licence condition regarding reporting requirements for interactions with protected species within the PAFR.
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 PAFR.
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 PAFR.
20. Determine the size, location and orientation of sites within the PAFR.
21. Develop Crown lease clauses and aquaculture licence conditions prescribing minimum rates of development within the PAFR.
22. Develop a communication strategy to inform other users about the PAFR.
23. Develop a licence condition prescribing the reporting requirements in relation to escaped fish and fish mortalities.
24. Develop an aquaculture licence condition prescribing the maximum stocking rate for finfish cage and bivalve shellfish culture within the PAFR.
25. Develop an aquaculture licence condition prescribing the minimum seafloor clearance distance for finfish cages within the PAFR.
26. Undertake a review of the economics of aquaculture at the PAFR.
27. Develop an aquaculture licence condition requiring licence holders to report the presence of suspected exotic species within the PAFR and or on commercial aquaculture equipment.
28. Review the Portland Aquaculture Fisheries Reserve Management Plan.

Table 6: Implementation tasks for key actions

References

Literature bibliography

AS/NZS 4360:2004 "Australian/New Zealand Standard for Risk Management"

Aquaplan Control Centre Manual (AFFA, 2001)

Australian and New Zealand Environment Conservation Council, Agriculture and Resource Management Council of Australia and New Zealand (2000). Australian Guidelines for Water Quality Monitoring and Reporting- Summary. National Water Quality Management Strategy No. 7a.

Australian Shellfish Quality Assurance Program Operations Manual (2002)

Australian National Marine Biotoxin Strategy Draft, November 2001, Cawthron Report No 645

Coastal Engineering Solutions (2005) Wave Conditions at Portland Aquaculture Site.

Environment Conservation Council (2000) "Marine Coastal and Estuarine Investigation - Final Report"

Fisheries Co-Management Council. Research Needs and Priorities for Fisheries in Victoria 2001/02 - 2005/06. Prepared by the Research Committee, Fisheries Co-Management Council. Edited by Garth Newman and David C. Smith.

Fletcher, W.J., Chesson, J., Fisher M., Sainsbury, K.J., and Hundloe, T.J. (2004) National ESD Reporting Framework: The 'How To' Guide for Aquaculture. Version 1.1 FRDC, Canberra, Australia.

Gavine, F. and McKinnon, L. (2002) Environmental monitoring of marine aquaculture in Victorian coastal waters: a review of appropriate methods. MAFRI Report No. 46.

Gooley, G. (2004) Portland Aquaculture Fisheries Reserve Management Plan Ecologically Sustainable Development Risk Assessment. Fisheries Victoria, Department of Primary Industries, Melbourne, Victoria.

McKinnon, L.J., S.C. Leporati., G.D. Parry and S. Blake. (2004) Environmental Characterisation of the Portland Aquaculture Fisheries Reserve in Portland Bay, Victoria. Primary Industries Research Victoria Queenscliff Centre, Report No 22.

Organisation Internationales Epizootiques (2000). International Aquatic Animal Health Code.

Legislation

Coastal Management Act (Victoria) 1995
Copyright Act (Commonwealth) 1968
Environment Protection Act (Victoria) 1970
Environment Protection and Bio-diversity Conservation Act (Commonwealth) 1999
Fisheries Act (Victoria) 1995
Flora and Fauna Guarantee Act (Victoria) 1988
Food Act (Victoria) 1984
Health Act (Victoria) 1958
Land Act (Victoria) 1958
Livestock Disease Control Act (Victoria) 1984
Marine Act (Victoria) 1988
Native Title Act (Commonwealth) 1993
Quarantine Act (Commonwealth) 1908
Seafood Safety Act (Victoria) 2003
Surveying Act (Victoria) 2004
Wildlife Act (Victoria) 1975

Policies

ENRC Inquiry into Fisheries Management (2001)
ENRC Inquiry into Utilisation of Native Flora and Fauna (2000)
Guidelines for Assessing Translocations of Live Aquatic Organisms in Victoria (2003)
National Aquaculture Action Agenda (2002)
National Competition Policy (1995)
National Policy for the Translocation of Live Aquatic Organisms (1999)
Office of Regulatory Reform Aquaculture Task Force Report (1999)
State Environment Protection Policy (Waters of Victoria) (2003)
Victorian Abalone Fishery Management Plan 2002
Victorian Aquaculture Strategy (1998)
Victoria's Arrangements for the Management of Aquatic Animal Disease Emergencies (2003)
Victorian Coastal Strategy (2002)
Victorian Government Response to the Environment Conservation Council's Marine Coastal and Estuarine Investigation Final Report (2000)
Victoria's Bio-diversity Strategy (1997)

Internet sites

Food and Agriculture Organisation - http://www.fao.org/fishery

Department of Primary Industries - http://www.depi.vic.gov.au/fishing-and-hunting

Appendices

Appendix 1: The Ministerial guidelines for the preparation of the Portland Aquaculture Fisheries Reserve Management Plan

1. Fisheries Victoria of the Department of Primary Industries will be responsible for the preparation of the Management Plan. The plan must be consistent with the objectives of the Fisheries Act 1995.
2. The Fisheries Co-Management Council will oversee the process for the preparation of the Management Plan, in consultation with the Aquaculture Fishery Committee. The plan must comply with Part 3 of the Fisheries Act 1995, in particular sections 28(6), 30, 32 and 35 of the Act.
3. The Management Plan shall be prepared in consultation with input from all major affected stakeholder groups including Fisheries Victoria, aquaculture interests, conservation interests, recreational fishing interests, commercial fishing interests and indigenous interests.
4. The Management Plan shall be consistent with the Victorian Government Response (2001) to the recommendations for marine aquaculture of the Environment Conservation Council in the final report of their Marine Coastal and Estuarine Investigation 2000.
5. The Management Plan shall specify appropriate management controls with regard to commercial aquaculture equipment including visual amenity, identification, security and maintenance.
6. The Management Plan shall specify areas available for allocation within the reserve and also public access to the reserve.
7. The Management Plan shall specify the requirements and responsibilities for navigation marking of the reserve and the navigation marking and survey of aquaculture sites allocated within the reserve.
8. The Management Plan shall specify the requirements for holding Crown leases and criteria for the transfer, amalgamation, subdivision and subleasing within the reserve.
9. The Management Plan shall provide for an environmental management framework for the aquaculture operations by licence holders in the reserve. It will also determine processes for auditing of and reporting to the Victorian community on the outcomes of environmental monitoring relating to the reserve.
10. The Management Plan shall specify the requirements for licence holders with regard to product quality assurance programs.
11. The Management Plan shall specify the requirements for the security of fin-fish stock being cultured, and for auditing and reporting to the Victorian community on any containment breaches and associated reasons for such breaches.
12. The Management Plan shall identify potential interactions between aquaculture activities and threatened, endangered, migratory and protected species and specify the requirements for managing, auditing and reporting on such interactions.

Appendix 2: Acronyms and abbreviations

GDA - Geocentric Datum of Australia

ANZECC - Australian and New Zealand Environment Conservation Council

ANZFA - Australian New Zealand Food Authority (now Foods Standards Australia New Zealand)

ANZS - Australian New Zealand Standard

AQIS - Australian Quarantine Service

ASQAP - Australian Shellfish Quality Assurance program

C - Celcius

C:N - carbon to nitrogen ratio

DO - dissolved oxygen

DPI - Department of Primary Industries

DSE -Department of Sustainability and Environment

ECC - Environment Conservation Council

ENRC - Environment and Natural Resources Committee

EPA - Environment Protection Authority

EPBC - Environment Protection and Biodiversity Conservation Act

ESD - Ecologically Sustainable Development

FCC - Fisheries Co-Management Council

FCR - food conversion ratio

FFG - Flora and Fauna Guarantee Act

h - hour(s)

ha - hectare

km - kilometres

m - metre(s)

mm - micrometres

NRE - Department of Natural Resources and Environment (former), now Department of Primary Industries and Department of Sustainability and Environment

OIE - Organisation Internationales des Epizootiques

ORP - oxidation reduction potential

PAFR - Portland Aquaculture Fisheries Reserve

PIRVic - Primary Industries Research Victoria

P/L - Proprietary Limited

PSA - particle size analysis

s - second(s)

SEPP - State Environmental Protection Policy

SIV - Seafood Industry Victoria

VNPA - Victorian National Parks Association

VRFish - the corporate name for the Victorian Recreational Fishing peak-body

VSQAP - Victorian Shellfish Quality Assurance Program

Appendix 3: Glossary for the Portland 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 supplementary feed in aquaculture including, but not limited to harvested macroalgae, pelleted formulated feeds, whole/trash fish and artificial feeds.

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, physico-chemical, environmental and biological attributes of new aquaculture 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.

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 PAFR 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 throughpeer-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¨CWerribee 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 Portland Aquaculture Fisheries Reserve

The physico-chemical and biological features of the PAFR 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 PAFR is a 200 ha 'greenfield' area. The location of the PAFR was selected from a greater 698 ha investigation area, which was identified in the ECC's Marine Coastal and Estuarine Investigation Final Report 2000. The PAFR is located in Portland Bay approximately 2.6 km offshore (north-east) from Blacknose Point, and has the following coordinates:

Bathymetry

Water depth at the PAFR ranges from 20 to 25 m, the seabed generally slopes gently away in an easterly direction (Figure A).

Sediment characteristics

In the characterisation survey a total of 60 randomly allocated sampling sites were analysed from the Portland aquaculture investigation area, including 14 samples from the PAFR (Figure B). The sediment predominantly consists of fine-grained sand (63-125 mm).

Benthic fauna

The benthic fauna of the PAFR consists of numerous species, dominated by high densities of molluscs and a variety of crustacean species. A total of 60 taxa were identified at the PAFR. The most abundant taxa are molluscs of the family Rissoidae (mean density, 231 individuals per sample), and crustaceans of the order Tanaidacea (mean density, 21 individuals per sample). Other taxa represented at lower abundances are crustaceans of the family Cumacea and the anemones of the family Actiniaria (each with mean density, 12 individuals per sample). Brittle stars of the family Ophiuroidea and polychaetes of the family Terebellidae were also represented (mean density, 10 and 9 individuals per sample respectively). Isolated, sparse populated areas of the seagrass species Heterozostera tasmanica are located within the western boundary of the PAFR.

Currents, wind and waves

The prevailing currents in the PAFR move towards the north to north-west and south to south-east on the flood and ebb tides respectively.

Average daily maximum current speeds recorded during a survey over an 11 week period, between May and August 2003, were 0.03 m/s ¨C 0.08 m/s, with occasional peaks at 0.10 m/s. The highest current speed recorded during the survey was 0.13 m/s at a depth of 13 m.

Waves in Portland Bay are generally ocean swell waves that have been generated in the Indian and Southern Oceans and across the Great Australian Bight. No water quality data specific to the PAFR are available.

Figure A: Surface and three dimensional contour plot of the PAFR
(Source: McKinnon, et al., 2004)

Figure B: Habitat plot of the PAFR (Source: McKinnon, et al., 2004)

Appendix 6: Steering Committee members and affiliation

Chair:Dr David Smith Primary Industries Research Victoria
Queenscliff Centre

Committee members:
Mr Anthony ForsterDepartment of Primary Industries
Fisheries Victoria

Assoc. Prof. John SherwoodFisheriesCo-Management Council

Mr John HotchinVRFish

Mr Don Hough
Department of Sustainability and Environment

Mr Tim Rudge
Aquaculture industry representative

Mr Ross McGowan
Seafood Industry Victoria

Mr Stewart Lovett
Gunditjmara Native Title Claim Group

Captain Dilip AbrahamVictorian Regional Channels Authority

Captain Vijay VijayapalanPort of Portland

Executive Officers:
Mr Anthony PlummerFisheries Victoria

Ms Gaynor JonesFisheries Victoria

Appendix 7: Potential ecosystem impacts of bivalve culture, offshore abalone cage culture and finfish cage culture

(Source: modified from Gavin and McKinnon).

Bivalve Culture

Offshore Cage Abalone Culture

Offshore Cage Finfish Culture

Appendix 8: Summary of the recommended responsibilities for Crown lease and aquaculture licence holders.

Appendix 9: Timetable for the implementation of key actions recommended in the Portland Aquaculture Fisheries Reserve Management Plan.

Note:

Numbers refer to key actions listed in the "Key actions to be undertaken in the implementation of the Plan". A "key action" may have multiple timelines.

For "key action" 10, 10a refers to "Tasks" 1-3, 10b refers to "Tasks" 4-5.

For "key action" 16, 16a refers to "Tasks" 1-2, and 16b refers to "Task" 3.

For "key action" 19, 19a refers to "Tasks" 1-3, 19b refers to "Tasks" 4.

Appendix 10: List of recommended and existing fees, charges and levies relating to the implementation of the Portland Aquaculture Fisheries Reserve Management Plan.

The value of fees, costs and levies of Geelong Arm Aquaculture Fisheries Reserves (GAAFR) aquaculture licences is provided below as an illustration of the nature of possible fees within the PAFR. 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 Portland Aquaculture Fisheries Reserves Management Plan.

1. A levy to recover costs associated with inspection and maintenance of navigation marking of the PAFR from aquaculture licence holders.
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 insurance for cost recovery for the removal of abandoned commercial aquaculture equipment.
4. Fees and costs associated with the Crown leases.
5. Public liability insurance requirements for lease holders.
6. Cost of changing infrastructure.

Existing fees, costs and levies relating to aquaculture licences in the Geelong Arm.
Fees and levies applicable for the year commencing 1 November 2005 to aquaculture licences in the GAAFR 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 Fisheries Management Services Levy (FMS Levy) is levied annually per licence.

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.

Appendix 11. Public submissions regarding the draft Portland Aquaculture Fisheries Reserve Management Plan

The draft Portland Aquaculture Fisheries Reserve Management Plan (the Plan) was prepared by Fisheries Victoria, assisted by the Portland Aquaculture Fisheries Reserve Management Plan Steering Committee (the steering committee).

The steering committee consisted of nominees from the Fisheries Co-Management Council, VRFish, Seafood Industry Victoria, Port of Portland, Victorian Regional Channels Authority, Gunditjmara Native Title Claim Group, Department of Primary Industries, Department of Sustainability and Environment and the aquaculture industry. In addition, separate discussions were held with VNPA as a peak body recognised under the Fisheries Act 1995.

The role of the steering 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 1995 and the Ministerial guidelines, and to respond to community consultation on the draft Plan (which is described below). The steering committee endorsed the conformance of the Plan with the requirements of the Fisheries Act 1995 and the Ministerial guidelines issued in respect of the Plan.

The Fisheries Co-Management Council (the Council) endorsed the process for the preparation of the Management Plan, in consultation with the Aquaculture Fishery Committee. The Council recommended that the Minister for Agriculture declare the Plan.

Following the public release of the Plan, 14 submissions were received. Key issues raised by submitters included the following:

• the process leading to the location of the PAFR;
• requirements to address marine navigation hazards;
• management of wildlife interactions;
• infrastructure requirements;
• ecological risk and management; and recreational fishing interactions.

The steering committee reviewed the submissions and where appropriate revised the draft Plan or provided recommendations to Fisheries Victoria on issues outside the scope of the plan.

Footnotes

1 Maximum wave height may be up to two times the Significant Wave Height.

2 Coastal Engineering Solutions (2005).

3 Section of the Portland Aquaculture Fisheries Reserve Management Plan responding to issues identified during the ESD Risk Assessment process.

4 Section of the Portland Aquaculture Fisheries Reserve Management Plan responding to issues identified during the ESD Risk Assessment process.

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

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

7 Compliance points are specific locations either within or outside 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 of environmental impacts attributable to aquaculture activity within the Crown lease/aquaculture licence site.

8 Processing is defined as any action including but not limited to: skinning, gilling, gutting, filleting, or shucking or any process involved in preparing aquaculture product for sale, transportation or consumption.

9 Appropriate biomass levels will consider equipment type and Crown lease area.

10 "'Longline backbone" is the length of longline backbone (headline) that is available for the attachment of production substrate. No differentiation will be made between the length of single and double backbone longline.

11 Buffer zones, when required, will be designed to restrict impacts attributable to aquaculture activity outside the reserve.