Opposition to WA’s new demersal fishing restrictions has intensified, with trawling companies in the state’s north launching legal action in the Supreme Court and a new group, Fish For All, campaigning for the legislation to be paused while an independent stock assessment is done.
Earlier this month, the WA government announced a suite of reforms to commercial and recreational fishing of demersal species in an effort to recover the state’s at-risk fish stocks.
These include a permanent ban for commercial fishing of demersal species in the state’s West Coast zone, which stretches from Kalbarri to Augusta, with 50 per cent catch reductions to be implemented in most other fisheries.
They also include a permanent ban on demersal trawling in the Pilbara, the only zone in WA where the practice takes place.
Demersal fish, also known as ground fish, live and feed on or near the bottom of the ocean and include popular species like dhufish, pink snapper and red emperor.
The measures are aimed at protecting demersal fish stocks like pink snapper. (ABC Midwest & Wheatbelt: Joanna Prendergast)
The legal action against the government’s reforms was launched by Sea Harvest Pty Ltd, an Australian subsidiary of South African global fishing and food company, Sea Harvest Group, alongside West Australian seafood company, Seafresh Holdings Pty Ltd, which trades as Westmore Seafoods.
Both companies are involved in trawling in the Pilbara, where about 40 per cent of all demersal fish in the state are caught by three trawling licence holders.
Westmore Seafoods is one of two trawling companies that has launched legal action against the WA government. (ABC News: Briana Shepherd)
‘Unexpected decision’
In a statement, the two companies said the legal action was “… not about resisting sustainability measures but about ensuring fisheries management decisions are evidence-based, consultative and proportionate, and do not casually devastate regional jobs, local food supply and long-standing commercial investment”.
Shock demersal fishing ban impact
“The unexpected decision by the minister [Jackie Jarvis], despite proactive engagement with her and offering practical solutions, came as a complete surprise,” Sea Harvest Australia chief executive Danie du Toit said in the statement.
“The decision effectively means that a legitimate and approved foreign direct investment has been expropriated without consultation or compensation, which raises some serious concerns regarding sovereign risk, protection of property rights and Australia as an investment destination for global companies.
“Banning a fishing method that’s globally recognised and certified as most efficient and sustainable in the context of food security considerations simply makes no sense.”
Sea Harvest conducts trawling for demersal fish in WA’s Pilbara region. (ABC News: Briana Shepherd)
Trawling ‘no longer acceptable’
Trawling is a commercial fishing method where a large net is dragged along the sea floor to catch fish.
The practice was thrust into the spotlight in David Attenborough’s documentary, Ocean, in which the naturalist rails against the large-scale destructive impact of bottom trawling on marine ecosystems.
When making the announcement about the reforms, Fisheries Minister Jackie Jarvis said she believed most West Australians would agree trawling was no longer acceptable.
“Trawling for demersals also results in the death of various marine life including a number of dolphins each year, as well as the critically endangered sawfish species,” Ms Jarvis said at the time.
Marine life like dolphins can die as a result of trawling. (AAP: WA Department of Environment and Conservation)
WA Fishing Industry Council chief executive Melissa Haslam has said repeatedly that trawling in WA was already operating under strict conditions.
Ms Haslam also took offence by the way it was portrayed in Attenborough’s documentary, arguing it overlooked the strict regulations and sustainable practices of Australia’s trawl fisheries.
“When they show footage of trawling over the ocean floor that’s causing terrible damage, I will guarantee you that footage was not taken in Australia or any other world-leading country that has highly regulated fishing practices,” she said earlier this year.
Legal action last resort
The demersal trawling ban is set to take effect on January 1 — and while restrictions had been looming for some time, many in the industry said the extent of the government’s bans were unexpected.
Critics claim the restrictions will drive up the price of demersal fish such as red emperor. (ABC News: Mark Leonardi)
In its media statement, Sea Harvest said it tried to engage with the government after the new restrictions were announced, “but no consultation process was made available before the ban was formally gazetted”.
“We are asking the government/minister to make decisions that are grounded in current science, honour existing agreements, and recognise the importance of fishing to the social and economic fabric of regional Western Australia,” Sea Harvest Marine executive director, Richard Duncan said.
“Sea Harvest had no option but to seek to overturn the ban through the court before the holiday period to mitigate immediate and irreversible impacts on workers, businesses and supply chains.”
A spokesperson for the state government said it could not comment on the matter that was before the courts.
Strict fishing bans for Perth, WA beginning this month
But the spokesperson provided “further information” on the fishing reforms, saying they were announced following the latest stock assessment, which revealed demersal fish species like dhufish and snapper were at risk and severely over-fished in some parts of WA.
“These reforms were developed after extensive consultation with industry and the community, including the State Government Fishing Forum, and at follow up meetings since,” the response stated.
“The state government is also providing a $29.2 million Fisheries Support Package to assist the commercial and recreational sectors across the state adapt to the reforms and offer alternatives for fishers.”
The matter is listed to be heard in the WA Supreme Court on Monday.
Fish For All launches campaign
Meanwhile, a new group Fish For All, has launched a campaign in the hopes of persuading the government to pause the legislation to allow for an independent statewide biomass survey to take place.
Fish For All chair and seafood store owner, Phil Clark, said catch restrictions in place for about three years have already led to a recovery of some demersal species.
Phil Clark wants the WA government to pause demersal fishing legislation so an independent stock assessment can be done. (ABC News: Briana Shepherd)
He said the data the government was relying upon is from before those restrictions were implemented.
“What we’re seeing on the water is actually record levels of catch,” Mr Clark said.
“An independent scientific body needs to take these studies out, that way we can all trust the data. At the moment we don’t trust the data used in the models.”
Phil De Grauw has been a commercial fisherman out of Kalbarri for 40 years and said for the past three years pink snapper stocks had been at a record high, despite the mandated reductions in catches over that same time period.
Phil de Grauw has questioned the government’s blanket ban approach. (ABC News: Briana Shepherd)
“The goal is sustainable fishing,” he said.
“If we haven’t got a sustainable fishery, our livelihood, and everything we do, is in question.
“We agree totally that there’s a massive problem with the population of dhufish and it needs immediate action. It should have been done a long time ago.
“But unfortunately the decision [by the government] is more of a blanket approach.”
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