Victorian Eel Fishery - Management Plan - Part 2 · PDF fileMetamorphosis to the glass eel is thought to ... 3 Victorian Eel Fishery Management Plan ... Port and Port Phillip Bays

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Victorian Eel Fishery Management Plan

Vision

The Victorian eel fishery will develop, withincreasing self-management, as an ecologicallysustainable export industry comprising bothwild eel, stock-enhanced, and intensivelycultured product.

Bag of newly caughtshortfinned eels (DNRE).

Longfinned eels awaiting live export to Asia(Kim Elton).

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Introduction

Eel biology and life historyThe genus Anguilla comprises 15 recognisedspecies worldwide, four of which occur inAustralian freshwaters. Victoria’s eel fishery ismade up of the shortfinned eel (Anguillaaustralis) and longfinned eel (A. reinhardtii).

All species of anguillid eels are catadromous,spending the majority of their life cycle infresh water or estuaries and reproducing onceonly in the ocean before dying. Spawning ofboth species is thought to occur in the vicinityof the Coral Sea in the South Pacific Ocean,but no precise spawning location for eitherspecies has been identified. Eggs are thought tobe pelagic and hatch after about two days.

The newly hatched larvae, or leptocephali,survive on the resources of their yolk sac forabout five days before commencing exogenousfeeding. As the leptocephali feed and grow,they are transported toward the easternAustralian coastline by the South EquatorialCurrent, and then along the coast by the EastAustralian Current.

Metamorphosis to the glass eel is thought tooccur along the continental shelf, and tidalcurrents transport the glass eels, which are alsoactively swimming, toward and into theembayments and estuaries of the easternAustralian continent. Glass eels are between 50-60mm in length and weigh between 0.1-0.2geach. Shortfinned glass eels migrate mainly inthe winter and spring, while longfinned glasseels migrate mainly during summer andautumn, although glass eels of each speciesmay continue to arrive at some estuariesthroughout the year.

The respective distributions of shortfinnedand longfinned eel are extensive, and overlapconsiderably. Shortfinned eels are distributedfrom subtropical Queensland to western

Victoria, Tasmania and New Zealand.Longfinned eels are found from far northQueensland to eastern Victoria and Tasmania.Specimens of the Australian longfinned eel havealso been recently recorded from New Zealand.

As for other anguillid eels, both theshortfinned and longfinned eel species arethought to belong to respective panmicticgenetic stocks. That is, a single genetic stockexists for each species, and recruitment to anyriver or lake within the respective distributionof each species is random.

Eels live in a variety of habitat types, rangingfrom the open ocean to estuaries, rivers, lakes,swamps, creeks and farm dams, sometimesappearing in places which have no recognisableconnective waterways.

Generally, shortfinned and longfinned eels arerestricted to the North East Coast and SouthEast Coast Drainage Divisions, and do notoccur inland, however occasional shortfinnedeel specimens have been recorded from theMurray-Darling Drainage Division, probablydue to migration by glass eels as far west as theMurray River mouth in some years.

Eels are opportunistic feeders, utilisingmultiple levels of the food chain, includingphytoplankton, insects and crustaceans, fishand other prey. Sex determination in eels isdependant on several factors, including salinity,temperature, diet, population density andother environmental factors. Generally speaking,the proportion of females in eel populationsincreases as population density decreases.

Little has been documented on the spawningmigration of adult eels in Australia,particularly that of longfinned eel. Eels matureat 10-20 years of age and shortfinned eelsundertake their oceanic migration fromJanuary to March. Female shortfinned eelsrange in size from 80-130cm in length and may

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reach over 6kg. Males are considerably smallerat maturation, reaching up to 50cm in lengthand 250g. Female longfinned eels reach 165cmand 22kg while males are much smaller,reaching 65cm and 600g.

Status of the eel fishery inVictoriaHistory of the eel fisheryTraditional eel fisheryIt is well documented that it was commonpractice in parts of Victoria for traditionalAboriginal societies to harvest and even rancheels. Extensive and complex channel,embankment and trapping networks wereconstructed for the manipulation of water inthe swamps around Toolondo and MountWilliam, in western Victoria, in particular.Such sophisticated works and watermanagement systems were used to support thecontrol, ranching and harvesting of eelpopulations. Stone weirs were also constructedin areas such as Lake Condah in westernVictoria. These were used to guide migratingeels into nets or basket traps. Spears were alsoused to harvest eels.

Eel fishing seasons at such locations extendedfor 1-2 months per year, with individualfamily groups harvesting from their own weir.Large numbers of Aborigines often gatheredfor “eel feasts”, with attendances of up to 2500recorded. It is acknowledged that Aboriginalpeople utilised the shortfinned eel resource inwestern Victoria, the exploitation andmanagement of which is reflected in thearchaeology of the area.

The use of stone in the construction ofshelters and fish traps is indicative of thesemi-permanent lifestyle of the localAboriginal groups. The networks of channelsand weirs among wetlands and the main riverfor the managed exploitation of eels indicatean unusually high degree of labour investmentfor people who were essentially hunter-gatherers. It is also thought that eels were animportant component of a barter system inwestern Victoria.

Development of the commercial eel fisheryin VictoriaPrior to the 1950s, the commercial utilisationof eels by European Australians was limited,although eel resources supported a small butsignificant recreational fishery, as they do today.

The first commercial catches of eel wererecorded in 1914 and until the 1950s thecommercial eel fishery was based on supplyingbait to the rock lobster and long-line sharkfisheries. The early eel fisheries were conductedin Lake Bolac, Lake Purrumbete and theGippsland Lakes at Paynesville, with smallerfisheries operating at Lakes Entrance, LakeTyers, Tamboon Inlet, Mallacoota, WesternPort and Port Phillip Bays.

Annual eel catch was generally around 9-12tonnes until the 1950s, during which thecommercial fishery for eels for humanconsumption began in Gippsland, supplyingsmoked eels to European migrants inMelbourne. By 1961 there were 15 licensed eelfishermen in Victoria producing around 44tonnes of eels annually.

Export of frozen shortfinned eels to Europecommenced in the early-mid 1960s. Thecompany Eels Pty Ltd, based in Skipton, wassubsequently formed and the majority ofactive eel fishermen were supplying eels to thiscompany by the late 1960s. At this stage, thefeasibility of extensively “culturing” eels bystocking undersized eels and elvers into lakesin western Victoria was examined and thispractice now comprises a substantialproportion of the eel fishery in Victoria.

By 1982, the number of Victorian eel fishermenhad declined from 28 to 19, largely due to theremoval of inactive fishermen through the“show cause” provision of the 1968 FisheriesAct. By the mid 1980s, up to 450 tonnes of eel(shortfinned and longfinned) were produced inVictoria annually, with wild shortfinned eelpredominating, and extensively culturedshortfinned eel comprising up to 40% of thetotal catch.

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In addition to “size” eels, significant quantitiesof juvenile eels, in particular elvers andundersized eels, and to a lesser extent glasseels, were captured, primarily as “bycatch” inthe adult eel fishery, and utilised for stockenhancement purposes in “culture waters”.Although records of specific quantities ofstocked eel are not available, several tonnes ofelvers were recorded from Victorian waters eachyear in the 1980s as well as 135kg of glass eelsin 1986/87.

Exploratory elver and glass eel fishing throughthe late 1970s to the early 1980s was undertakenby Eels Pty Ltd, primarily as an attempt toidentify any sources of high yields of juvenileeels in Victoria which could be exploited forrestocking purposes. Weirs and otherobstructions to elver and glass eel migrationwere targeted across Victoria but yields weregenerally low, and were not considered to becommercially viable in terms of providingsignificant quantities of juvenile eels.

A large source of elvers was identified in theTamar River, Tasmania in the 1980s whenelvers were observed climbing through thedrains of the Trevallyn power station inLaunceston. Hundreds of kilograms of elverswere subsequently sourced from Tasmania onan annual basis and stocked into Victorianlakes during the 1980s and 1990s. These wereinitially collected by Eels Pty Ltd using glasseel nets set in the power station tailrace, forwhich a nominal royalty was paid to theTasmanian Government.

In 1994/95, the Inland Fisheries Commissionassumed control over the collection of elversfrom the Trevallyn tailrace, and commencedthe sale of elvers through an expression ofinterest process. Shortfinned elvers are nowharvested on an annual basis from both theTrevallyn tailrace using glass eel nets, andMeadowbank Dam on the Derwent Riverupstream from Hobart, using a permanentflow trap.

Current fisheryCommercial fisheryThe Victorian commercial eel fishery is animportant fishery for the State, comprisingtwo species, the shortfinned eel andlongfinned eel, producing between 125-450tonnes (average 280 tonnes), worthapproximately $1.4-4.7M annually. Overall, theshortfinned eel makes up approximately 95%of total eel production.

The eel fishery has been relatively stable, interms of production, over the last two decades,however the fishery is strongly affected byseasonal factors, and recent droughtconditions have resulted in relatively lowproduction in successive years.

A large component of eel productioncontinues to be stock enhancement, wherebyelvers and small eels (snigs) are stocked intoselected lakes for extensive ongrowing undernatural conditions. In most years thecommercial catch is roughly comprised of upto 40% stock-enhanced cultured shortfinnedeel product, however protracted droughtconditions since 1994 have resulted in asignificant decrease in both stock-enhanced,and wild shortfinned eel production (Figure 1).By contrast, longfinned eel production hasbeen maintained at between 10 and 30 tonnesannually and appears to be increasing atpresent (Figure 1).

The wild shortfinned and longfinned eelcomponents of the fishery are comprisedlargely of migrating adult eels. The reliance ofthe existing commercial eel fishery in Victoriaon this component of the fishery isconsequently very great, particularly duringperiods of drought when productivity fromstock-enhanced waters is low. There arecurrently 18 Eel Fishery Access Licence (EFAL)holders in Victoria, and the industry directlyemploys around 30 full-time, and up to 70part-time people across Victoria.

Most eels are exported frozen to Europe(mainly shortfinned eels) or live to Hong Kongand Korea (mainly longfinned eels). There is alimited domestic market for eel in Australiaat present.

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The commercial fishery is input managed,with limited entry, gear restrictions and waterallocation the main input restrictions. Aminimum legal length for both species of eelcurrently exists and is set at 30cm. There is noTotal Allowable Catch (TAC) set.

Fyke nets are the only gear permitted for useby EFAL holders and only holders of an EFALmay use or possess fyke nets. A small quantityof eel is also taken commercially in bay andinlet fisheries by haul seine operators.Restrictions on the use of fyke nets include:mesh size of not less than 15mm and notgreater than 39mm, and a maximum of threewings, each of 46m maximum length, 67cmmaximum drop and meshes of no more than32mm. Currently, each licence holder may useup to 50 fyke nets and nets must be cleared atleast once every 48 hours. A fyke net when setmust not occupy more than half of the widthof a watercourse, and may not be within 5m ofanother net. Some EFAL holders are permittedto use oversize fyke nets specifically fortargeting migrating sea run eels.

Fishery status of Victorian watersThe status of most major Victorian waters withrespect to eel fishing has evolved through the1970s and 1980s, with the allocation of watersto EFALs based largely on which waters hadbeen historically fished and previously sharedamongst fishers. However, a number of waterswere closed to eel fishing due to the potentialthreat of netting to platypus and native fishpopulations in those waters, and others fallwithin the boundaries of State or NationalParks. The sections of streams open tocommercial eel fishing are generally restrictedto the downstream/estuarine reaches whereplatypus populations do not usually occur.

Some waters previously fished commercially,such as those draining to Port Phillip andWestern Port Bays, are no longer fished. Somewaters east of the Snowy River (Brodribb River,Cann River and Cabbage Tree Creek) werepreviously considered as part of a“conservation reserve” to “maintain adequatebreeding stocks of eels” and were apparentlyclosed to eel fishing for that reason. Other

major rivers in East Gippsland, such as theBemm and Snowy Rivers are not open to eelfishing as these waters were not listed in theformer Schedule of Waters in the FisheriesRegulations.

At present the only waters open to eel fishingare those listed in the 1995 Eel FisheryManagement Plan (EFMP), which were citeddirectly from the former Schedule of Waters inthe Regulations. All other waters areconsequently closed to eel fishing.

Recreational fisheryThere is limited information on the level ofrecreational eel fishing in Victoria, howeveranecdotal evidence suggests that therecreational take of both species of eel issignificant.

The recreational eel fishery is restricted to abag limit of 10 eels per fisher per day, and allother rules under the Recreational FishingLicence apply. A minimum legal length for eelcurrently applies to the recreational eel fishingsector, as it does to the commercial eel fishingsector. Recreational eel fishing is permitted inall Crown waters which are open torecreational angling.

Traditional fisheryAboriginal people continue to fish for eels inthe Hopkins River, Mount Emu Creek andother waters in the Hopkins Basin. Stone eeltraps are common and each year differentfamily groups continue to harvest eels fromspecific traps. Nine stone eel traps are in useon one small section of the Mount Emu Creekalone. Eels continue to form an integral partof the culture and tradition of the people ofFramlingham, and are recognised as a keytheme in the Framlingham Aboriginal TrustManagement Plan.

Socio-economic benefits of theeel fisheryThe Victorian eel fishery presently employsabout 30 full-time, and up to 70 part-timepeople across Victoria. For example, in theLake Learmonth/Lake Burrumbeet area alone,8-10 full-time staff, plus several casual staff, are

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employed directly in the eel fishery. Inparticular, the stock enhancement practices ofthe Victorian eel fishery have significant flow-on effects to recreational fishing andassociated business. Stocking of eels intoCrown waters provides seedstock whichsupports what is considered to be a significantrecreational fishery. The Victorian eel fisherytherefore generates further socio-economicbenefits to local businesses and communitiesthrough the enhancement of recreationalfishing opportunities in rural areas.

Management of eel fisheries outsideVictoriaCommercial fishing for anguillid eels occursin all Australian states where eels are naturallyabundant. Both shortfinned and longfinnedeel are targeted throughout their range, withshortfinned eel dominating commercialcatches in Victoria and Tasmania, andlongfinned eel dominating catches inQueensland and NSW. Although shortfinnedeel occurs in south-eastern South Australia, nocommercial fishery for eel exists there.

There are currently 30 eel capture licences inQueensland, and the fishery produced 42.3tonnes in 2000. The commercial trap fishery isrestricted to impounded waters and licencesare being progressively withdrawn to reducefishing pressure. Glass eel collection and eelaquaculture is developing in Queensland, withover 40 tonnes of eel produced fromaquaculture in 1999/2000.

The eel fishery in NSW currently producesaround 150 tonnes annually. There arepresently over 200 commercial fishers withendorsements for taking eel in NSW. Ninepermit holders are able to catch glass eels froma total of 18 catchments which are open toglass eel fishing. A TAC of 300kg is set forglass eels (both species combined), with a TACof 30kg per catchment, however demand forglass eels is presently low. Eel production fromaquaculture is currently low in NSW, with lessthan 10 tonnes per year presently produced.Eel aquaculture is likely to focus on pondproduction of longfinned eel in the future.

In Tasmania, 12 licence holders presently catch40-60 tonnes of predominantly shortfinnedeels per year. Elvers, and small quantities of

Figure 1. Total Commercial Victorian Eel Catch, 1979–2000.

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glass eels, are made freely available to theTasmanian industry by the Inland FisheriesService (IFS) for restocking commerciallyfished catchments. In addition, elvers arerestocked by the IFS into unfished catchmentsfor conservation purposes. Elvers are alsooffered for sale outside Tasmania through anexpression of interest process. It is anticipatedthat an Eel Fishery Management Plan will bedrafted for the Tasmanian eel fishery in thenear future, and the expansion of the industrythrough intensive eel aquaculture is beinggiven favourable consideration.

Shortfinned eels comprise approximately two-thirds of the New Zealand eel fishery, (totalannual catch 1000-1500 tonnes). Most of thecatch is exported to Europe and is worthabout $10M. Management tools in the NewZealand fishery include: size and gearrestrictions, limited entry, and themaintenance of some closed catchments. Amanagement plan exists for the South Island,which has been divided into six eelmanagement areas. Eels are included in thequota management system, in which 20% ofthe TAC for eels allows for customary take.The entry of eels in the North Island into thequota management system is expected to bedelayed for a further two years (D. Jellymanpers. comm.). Eel culture in New Zealand isrestricted to fattening of wild caught large eels.At present there is no commercial culture ofeels in New Zealand using glass eels asseedstock, although potentially large glass eelresources are known to exist.

The Australia and New Zealand Eel ReferenceGroup (ANZERG), formally established in1997 reports to the Standing Committee forFisheries and Aquaculture on eel management,research and compliance issues relating toAustralia and New Zealand. The Terms ofReference for ANZERG are:● To develop a coordinated approach to the

management of eel stocks.● Develop strategies for:

- Stock allocation- Management and administration of the

glass eel catching sector

- Eel industry development (in collaborationwith Aquaculture Committee)

- Compliance (in collaboration withCompliance Committee)

● Promote cooperative research on eelsbetween states.

● Advise on management policies to assist thepromotion and enhancement of the eelaquaculture industry.

● Facilitate communication and coordinationbetween eel fisheries management,aquaculture management and research staff.

ANZERG membership includes all Australianstates plus New Zealand, consisting of one eelaquaculture representative (government) andone eel fisheries representative (government)person per state.

Due to the panmictic nature of eel stocks, andthe distribution of both commerciallyimportant eel species across state and nationalboundaries, management of the Victorian eelfishery must be undertaken with theknowledge of other statutory managementregimes, and vice-versa. That is, a consistentnational, and where appropriate, international,approach to the management of eels isrequired. It is the role of ANZERG to facilitateand ensure such consistency of management.

Review of policies andstrategies contained in the1995 Eel FisheryManagement PlanAfter several years of consultation, aManagement Plan for the eel fishery inVictoria was declared in 1995 by the thenMinister for Natural Resources, as the keypolicy document for the management of theVictorian eel fishery. This Plan served to helpstabilise the eel fishery, through the provisionof transferable licences, and greater security ofaccess to major fishing waters.

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The 1995 Plan aimed to introduce measuresthat would:● Provide secure access to major fishing

waters.- The 1995 Plan has provided for secure

access to major fishing waters. Thesewaters were referred to as “Scheduled”waters, which were open to commercialeel fishing, as listed in the formerSchedule of Waters in the FisheriesRegulations and were allocated toindividual EFALs. Most major waters areallocated singly to EFALs, however somewaters, such as the Gippsland Lakes, areshared amongst a small number ofEFAL holders. A number of waters areshared amongst all EFALs and six watersin western Victoria are shared amongstfour EFAL holders. Three licences haveno specific allocated waters. In addition,some Wildlife Reserves are able to befished under permit, renewable uponapplication on an annual basis.Allocated waters, waters for whichcurrent eel fishing permits are held, andwaters closed to eel fishing are listed inthe Appendices.

● Manage recruitment into the industry.- The 1995 Plan provided for the

transferability licences. This has givencapital value to licences and enabledrecruitment of fishers into the industry.Licences were made transferable under1995 Fisheries Act subject to provisionsof Fisheries Regulations and Ministerialdirections. Provision in the 1995Fisheries Act for the employment ofoperators on Access Licences was madeavailable to the eel fishery with thepromulgation of the 1998 FisheriesRegulations. A total of eight of the 18transferable licences have changed handssince the 1995 Plan; two of these havechanged hands twice.

● Provide for uniform, open and responsiblemanagement and operation of the fishery.- Representatives of DNRE meet on a

bimonthly basis with the Victorian EelFishers’ Association and SeafoodIndustry Victoria to discuss and resolvemanagement issues as they arise.

● Remove “surplus nets” from the fishery.- Application of “show cause” provisions

of the Fisheries Act, 1968 to underutilisedlicences was unsuccessful. Two “B” Classlicences were issued but were convertedto “A” Class licences following successfulappeals to the Licensing Tribunal.

● Encourage movement of fishing activityfrom wild to cultured stocks.- The limited availability of restock eels

has resulted in no initiatives undertakenby Management to facilitate this.

Need for a new Eel FisheryManagement PlanThe 1995 Plan however, did not includeprovision for the commercial collection andutilisation of glass eels. As a result, the thenMinister for Agriculture and Resources issuedguidelines for the preparation of a newManagement Plan for the Victorian eel fisheryin August 1999.

According to these guidelines as issued underSection 28(2) of the Fisheries Act, 1995, inaddition to a review of all policies andstrategies in the 1995 Eel Fishery ManagementPlan, issues to be addressed in the new EelFishery Management Plan include:● The level of fishing effort in specified

Crown waters that are open to eel fishing,particularly those specified waters that areunallocated.

● Access to Crown waters that are notspecified for eel fishing, includingWildlife Reserves.

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● The level of fishing effort in all Crownwaters that are specified for eel fishing inrelation to recreational fishing, traditionalfishing and conservation interests.

● The entitlements of an Aquaculture Licencefor a Crown water (culture water) in relationto the operator of the licence and the gearthat can be used.

● Opportunities for commercial utilisation ofVictoria’s glass eel resource, and issuesrelating to access and allocation of thisresource.

● The appropriate level of fees, levies orroyalties to be charged for the differentcomponents of the eel fishery.

The ecologically sustainabledevelopment of the Victorianeel fisheryThe objectives of the Victorian Fisheries Act(1995) clearly state the role of ecologicallysustainable development (ESD) in the conductand management of Victoria’s fisheries(Fisheries Act, 1995, s.3). Under the Fisheries Act,Management Plans must be consistent withthe objectives of the Act (s.28(6)(a)), and tospecify policies and strategies for themanagement of the fishery on an ecologicallysustainable basis (s.29(1)).

ESD is defined as “using, conserving andenhancing the community’s resources so thatecological processes, on which life depends,

are maintained, and the total quality of life,now and in the future, can be increased”(National Strategy on Ecologically SustainableDevelopment, 1992).

The Standing Committee on Fisheries andAquaculture (SCFA) is also pursuing a nationalframework for ESD of fisheries by developinga national system to report on ESD for allAustralian fisheries and aquaculture. Withrespect to fisheries, ESD can be subdividedinto a number of components including target(retained) species, the ecosystem, social andeconomic issues and managementarrangements. The proposed SCFA process willcover all components to fully meet thecommitment to ESD.

In addition, all export fisheries, whichincludes the Victorian Eel Fishery, mustdemonstrate that they are being managedsustainably, in accordance with EnvironmentAustralia guidelines, by December 2003, inorder to retain exemption from exportpermit requirements under Schedule 4 of theWildlife Protection (Regulation of Exports andImports) Act, 1982. An audit of the VictorianEel Fishery Management Plan against the ESDguidelines of Environment Australia will beundertaken separately to the process ofdeveloping this Plan.

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Objectives of the Victorian EelFishery Management Plan

1. To establish a management framework forthe ecologically sustainable development ofthe fishery.

2. To provide for the expansion of eelproduction through stock enhancementand aquaculture.

3. To encourage an increased level of self-management within the fishery.

Shortfinned elvers in an intensiverecirculating system (DNRE).

Cultured shortfinnedeels feeding (DNRE).

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Management tools/strategy

For Objective 1:● Set biological reference points for the

sustainable development of the fishery.● Establish management response system for

the fishery.● Optimise escapement of sea-run eels.● Develop bycatch action plan as a priority.

For Objective 2:● Maintain wild fishing at present levels.● Develop glass eel fishery and associated

intensive and extensive aquaculture (stockenhancement).

● Open up new growout waters.● Develop eel translocation policy as a

priority.

For Objective 3:● Continue evolution of water allocation to

individual licences.● Move toward allocation of waters on

catchment/Basin scale.● Reduce level of regulation in the industry.● Review application of regulations to take

account of local requirements withinseparate waters/catchments.

Overall:● Establish industry development (including

R&D) strategy for eel fishery.● Fund through industry levy.● Encourage partnership development

between commercial and traditional eelfishery sectors.

Longfinned glass eels(Kim Elton).

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Licensing criteria

Current licensingarrangementsPresently two types of Eel Fishery AccessLicences are referred to in the FisheriesRegulations: “A” and “B” Eel Fishery AccessLicences. The major difference between thesetwo licence types is that an “A” licence istransferable and a “B” licence is not. Theseclasses of licence were devised in the planningprocess for the 1995 Eel Fishery ManagementPlan, however no “B” licences continue toexist. The total number of Eel Fishery AccessLicences is 18, all of which are transferable.Therefore, reference to “A” and “B” Eel FisheryAccess Licences in the Fisheries Regulationsshould be removed.

Eel Fishery Access LicenceIn accordance with the Fisheries Regulations(1998), an Eel Fishery Access Licence authorisesthe licence holder to:(a) take for sale eel, carp (including goldfish),

roach and tench; and(b)use a fyke net; and(c) use the assistance of one or more people to

carry out any activity authorised under thelicence, in the waters specified in the licence.

● A “fyke net”, as described in the FisheriesRegulations (1998), means a collapsible,conical net with:(a) meshes measuring no less than 1.5

centimetres and not exceeding 3.9centimetres; and

(b)2 or more internal compartments; and(c) no more than 1 entrance; and(d)a maximum of 3 leaders or wings

attached with each leader or wing beingno longer than 46 metres, having a dropof no more than 67 centimetres andbeing made of meshes not exceeding3.2 centimetres;

● Eel Fishery Access Licences are transferable,and the maximum number of licences thatmay be issued is 18.

● A minimum size limit for both species ofeel is currently set at 30cm.

Licence conditionsAccording to the Fisheries Regulations 1998:(1) An Eel Fishery Access Licence is subject to

the conditions specified in this regulation,in addition to any other conditions imposedon the licence by these Regulations and bythe Secretary under section 52 of the Act.

(2) The licence holder:(a) must not use any equipment other than

a fyke net to take eels, carp, roach ortench; and

(b)must ensure that every fyke net used isclearly marked with:(i) a surface float marked with the access

licence number; and(ii) a net identification tag issued to that

licence holder by the Secretary; and(c) must not use or possess on board a boat

in, on or next to Victorian waters, morethan 50 fyke nets; and

(d)must ensure that all fish are cleared fromnets at least once in every 48 hourperiod; and

(e) must return fish other than eel, carp(including goldfish), roach, tench or anynoxious fish to the water immediately;

(f) when using any fyke net in a river,stream, creek or other watercourse mustensure that:(i) the fyke net or any fleet of fyke nets

is not set so as to block more thanhalf of the total width of the streamor more than half of the width ofthe main channel of the river; and

(ii) no more than 3 fyke nets are tiedtogether to form a fleet of nets; and

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(iii) any fyke net or fleet of fyke nets isnot set within 5 metres of any otherfyke net or fleet of fyke nets.

An Eel Fishery Access Licence is also subject tothe conditions of every fishery Access Licenceas specified in the Fisheries Regulations 1998(see Appendices).

Allocation of watersLicence conditions also include waters whichare able to be fished on each licence. Theallocation of waters to specific licences isdetailed in Table 1 (see page 14).

In addition, unspecified waters which can becommercially fished for eels by holders ofEFALs and their nominated operators include:1) All Crown lakes, dams, swamps, marshes

and morasses south of the Great DividingRange*, except:a) Lake Wendouree,b) those water bodies forming part of any

Wildlife Reserve unless specified in apermit issued by the Executive Director,Fisheries,

c) any water allocated to another licenceholder,

d) any water subject to a Fish CulturePermit under the Fisheries Act, 1968specifying eels, or an AquacultureLicence under the Fisheries Act, 1995specifying eels.

2) All rivers, creeks, channels and drainsdownstream of the South GippslandHighway between Dandenong and thejunction of the South Gippsland and BassHighways.

3) All rivers, creeks, channels and drainsdownstream of the Bass Highway betweenthe junction of the South Gippsland andBass Highways, and Wonthaggi.

The allocation of the Fitzroy, Moyne, Surreyand Shaw Rivers, and Darlot Creek, alldownstream from the respective bridges on thePrinces Highway, and Belfast Lough is sharedamongst Licence Nos 2, 8, 9 and 10. The onlyspecified waters which are allocated to alllicences are the Franklin and Agnes Riversdownstream from the South GippslandHighway respectively.

Recommended changes toEel Fishery Access LicenceconditionsWater allocationThe present values of EFALs reflect the valueof the fishery, and the degree of optimism forits future, but may vary between licencesdepending on the allocation of waters tolicences. There are 18 transferable VictorianEFALs issued by Executive Director Fisheries,renewable on an annual basis. Waters allocatedto individual licences are listed on each licenceand may only be fished commercially by theholder of the EFAL, or by nominatedoperator(s). Other unallocated Crown waters,including Wildlife Reserves, may currently befished under permit issued by ExecutiveDirector Fisheries. On renewal of, orapplication for permits for eel fishing inWildlife Reserves, Fisheries Victoria is requiredto consult with Parks Victoria as the landmanager of Victorian Wildlife Reserves toensure the inclusion of any special conditionswhere required. Permits may also be issued toEFAL holders for the use of oversized fyke netsto take migrating adult eels, and for the use ofglass eel nets to take glass eels in allocated orunallocated waters. Conditions on all permitsare determined on a case by case basis.Aquaculture licences (Crown land) are issuedto EFAL holders for the stocking of juvenile eelsinto specified Crown waters for ongrowing.

Under s.54(1a) of the Fisheries Act, 1995, theSecretary may vary licence conditions “to giveeffect to a management plan declared undersection 28…”. It is proposed under thisManagement Plan that all waters fished by Eel

* Crown lakes, dams, swamps, marshes andmorasses located in the Portland andGlenelg River Basins may only be fishedunder Licence Nos. 2, 8, 9 & 10.

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Table 1. Allocation of waters to Eel Fishery Access Licences

Eel Fishery Allocated Waters Basin NameAccess (Basin No.)Licence No.

1 Tarwin River downstream from Mardon Rd Bridge (West Branch). South Gippsland (27)Albert River downstream from the railway bridge 2.4 km west of Alberton. South Gippsland (27)Gippsland Lakes.

2 Eumerella River downstream from the Princes Highway Bridge, Portland (37)including Lake Yambuk.Shared allocation (see below).

3 Lake Purrumbete. Otway Coast (35)

4 Lower Barwon River between Queen’s Park and Grab Hole Drain. Barwon (33)Reedy Lake Section of Lake Connewarre. Barwon (33)Lake Connewarre. Barwon (33)

5 Lower Barwon River (inc. section of Connewarre Game reserve). Barwon (33)

6 No specific allocation.

7 Tarra River downstream from Pound Rd Bridge. South Gippsland (27)Gippsland Lakes.Lower Lake Mallacoota. East Gippsland (21)

8 Shared allocation (see below).

9 Lake Gillear. Hopkins (36)Shared allocation (see below).

10 Merri River (inc. Kelly Swamp), downstream from the Wollaston Weir. Hopkins (36)Shared allocation (see below).


12 Aire River downstream from the Great Ocean Road. Otway Coast (35)Lake Corangamite. Lake Corangamite (34)

13 Hospital Swamp. Hopkins (36)

Lake Learmonth. Hopkins (36)


15 Deep Lake. Hopkins (36)Lake Tooliorook. Hopkins (36)

16 LaTrobe River downstream from Yallourn Storage Dam to the LaTrobe (26)Swing Bridge at Sale.Moe Drain downstream from the Princes Highway Bridge. LaTrobe (26)Gippsland Lakes.


18 Curdies River downstream from “The Narrows”. Otway Coast (35)Curdies Inlet.Gellibrand River downstream from the Great Ocean Road. Otway Coast (35)

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Fishery Access Licence holders be listed asconditions on each licence. This includes allwaters open to commercial eel fishing,including specified Crown waters presentlyallocated to licences, and unspecified Crownwaters, including Wildlife Reserves, currentlyfished under permit. It is proposed under thisManagement Plan that the Secretary will varyEFALs, under s.54(1a) of the Fisheries Act, 1995to reflect this. Such streamlining will requirean audit of all currently fished waters, andmay incorporate the development of a GISlinked database. A further step to streamlinethe allocation of waters and their listing uponlicences is to allocate all fished waters on acatchment or Australian Water ResourcesCouncil (AWRC) Basin basis.

The collective allocation to an individuallicence of all waters open to eel fishing withinthe catchment of any one stream or lake wouldbe expected to foster and promote self-management within the industry. Monitoringof compliance with licence conditions andfishery regulations will, however continue inthe fishery. A licence upon which allocatedwaters within a catchment or AWRC Basin arelisted would entitle the holder of the relevantlicence to exclusively fish all open Crownwaters and, ideally, all private waters, within aparticular catchment or Basin. DNRE wouldencourage and where possible, facilitate theconsolidation of waters in a particularcatchment or Basin on to one EFAL, or groupof licences owned by a company, whenopportunities arise. Alternatively, thecooperative management of eel resourcesbetween EFAL holders who are entitled to fishin waters allocated to their respective licencesin the same catchment or Basin, would bestrongly encouraged.

Proposed changes to other licenceconditions● Requirement to mark every fyke net with

surface float, unless otherwise negotiatedwith relevant DNRE office.

● Replace blanket of 50 fyke net maximumwith requirement to negotiate appropriatenumber of fyke nets for each water fishedwith relevant DNRE office. Criteria to bedetermined as part of the implementationof the Management Plan.

● Remove minimum legal length for bothshortfinned and longfinned eel.

● Increase maximum fyke net wing drop of67cm to 100cm.

Guidelines for the issue,renewal, variation andtransfer of Eel Fishery AccessLicencesLicensing guidelinesUnder s.28(6d) of the Fisheries Act, 1995, theManagement Plan must include guidelines forthe criteria to be used in respect to the issue oflicences and permits and in respect of therenewal, variation or transfer of licences

Guidelines for the issue of Eel FisheryAccess LicencesIt is proposed that the Management Planshould state that under no circumstancesshould the Secretary consider the issue of newor additional Eel Fishery Access Licences.Under s.51(4) of the Fisheries Act, 1995, theSecretary must refuse the issue of a EFAL ifthe issue would be inconsistent with theManagement Plan.

Guidelines for the renewal of Eel FisheryAccess LicencesThe Fisheries Act, 1995 does not provide for theSecretary to take into account any guidelineswhich may be written into a management planregarding the renewal of Fishery AccessLicences.

Guidelines for the variation of Eel FisheryAccess LicencesThe Fisheries Regulations 1998 state that allwaters fished must be listed as conditions onlicences. The management plan recommendsthe identification of all waters fishedcommercially for eel, and the listing of these

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waters as conditions on licences. It is proposedunder the Management Plan that the Secretaryvary each Eel Fishery Access Licence, unders.54(1a) of the Fisheries Act, 1995, to specify allwaters fished by Eel Fishery Access Licenceholders respectively, as a condition on eachlicence. Under the Fisheries Act 1995, s.54(1a)provides the Secretary with the mechanism tovary licences to implement the aboverecommendations.

Guidelines for the transfer of Eel FisheryAccess LicencesUnder s.56 of the Fisheries Act, 1995, theSecretary will grant an application for thetransfer of an Eel Fishery Access Licence,subject to the conditions outlined in s.56(3).The Secretary will not grant an application forthe transfer of a licence if the transfer wouldbe inconsistent with the Eel FisheryManagement Plan.

Setting fyke nets,Curdies Inlet (DNRE).

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Sustainability of Victorian eel stocks

remaining 21 catchments include 16 declaredrivers, plus all rivers draining into Port Phillipand Western Port Bays, which are closed to eelfishing. Other waters as listed in the formerschedule of regulations may be commerciallyfished for eels, and may include private andCrown waters. At least 12 entire rivercatchments support no commercial eel fishing.Of the allocated waters fished, and watersfished under permit, the majority are able tobe fished only in the downstream reaches, theupper limits clearly defined by majorlandmarks (see Table 1).

Table 2 shows the total length of all majorstreams and their tributaries in each coastalVictorian River Basin, and the relativeproportion of allocated streams which may becommercially fished under an EFAL.

There are approximately 13,500km of majorrivers and streams in southern Victoria inwhich eels of either or both species occur. Ofthis, less than three percent is open tocommercial eel fishing.

In addition to the waters listed in Table 2,there are approximately 77,500Ha of lakes andswamps throughout southern Victoria,including the Gippsland Lakes (38,000Ha) andthe extensive western Victorian lakes in theLake Corangamite Basin (33,500Ha), which aremostly open to commercial eel fishing asallocated waters, stock enhanced waters, orWildlife Reserves fished under permit. Ofthese waters, approximately 12,000Ha, arestock-enhanced. Lake Corangamite (23,300Ha),although an allocated water, is generally notfished commercially for eels, due to itsnaturally high salinity concentration. This leavesapproximately 42,000Ha of lakes and swampsopen to commercial eel fishing, which do notreceive anthropogenic stock enhancement,relying on natural recruitment only.

Risk of overfishingIt is Victorian government policy that allfisheries, including the commercial Victorianeel fishery, demonstrate ecologicalsustainability. This is also required byEnvironment Australia in order for the fisheryto retain exemption from export permitrequirements under Schedule 4 of the WildlifeProtection (Regulation of Exports and Imports)Act, 1982.

Eels are relatively long-lived fish, maturing at10 to 20+ years of age. It is thought that eelssustain high natural mortality in the early lifestages, which becomes progressively lower inolder life stages. Thus in principle, from an ESDperspective, sufficient spawning stock shouldbe protected from commercial harvesting,whilst exploitation of juvenile stages, such asglass eels, could potentially be harvested inrelatively large quantities without significantlyaffecting recruitment to the fishery.

However, the bulk of the Victorian commercialeel fishery currently is comprised of adult eelsat various stages of migration, so substantiallyreducing this component of the fishery wouldimpinge greatly on the existing commercial eelfishery in Victoria, and be inconsistent withthe objectives of the Management Plan.

It is important for harvesting of adult eels andglass eels to be balanced in order to maintainsustainability. For example, the commercialharvesting of glass eels and adult eels from thesame river may require offsets in effort tomanage the risk of overfishing in that river.

Figure 2 details the distribution of eels inVictoria by AWRC Basin. There are 16 AWRCDrainage Basins in coastal Victoria comprising48 major river catchments, plus tributaries, ofwhich 27 sustain commercial eel fishing, eitheras allocated waters as listed on all EFALs,stock-enhanced waters, or under permit. The

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Overall, commercial eel fishing is undertakenin a relatively small proportion of Victoriancoastal waters, and a significant number ofcatchments are not fished at all. Thus thepotential for escapement of spawning stockfrom Victorian waters, and the subsequentrecruitment of glass eels to Victorian rivers, isvery high, while the risk of overfishing and stockcollapse in the Victorian eel fishery is minimal.

As far as is understood, both the shortfinnedand longfinned eel species belong to singlegenetic (panmictic) stocks respectively. That is,a single genetic stock exists for each species,and recruitment to any river or lake is random.It is quite conceivable that the parent stock ofimmigrating longfinned glass eels into aVictorian catchment may have originated asfar distant as northern Queensland, and thatof short finned glass eels, as far distant as NewZealand. Thus fishing mortality in any onecatchment or Basin is not expected to affectthe long-term viability of the eel populationwithin that catchment or Basin, or over thespecies’ respective ranges.

Overfishing will of course affect the shortterm viability of an eel fishery. The naturalmortality of glass eels is very high andmigrating eels are removed from the fisherythrough spawning migrations, therefore, inprinciple, the standing crop of eels in any oneBasin is expected to be relatively unaffected bythe commercial removal of glass eels andmigrating eels. Such practices can only besustainable however, if protection of somestocks of migrating eels and glass eels occurs,and that a consistent, national approach to eelmanagement is maintained.

In keeping with ESD objectives and principles,the complete closure of a number of VictorianBasins to commercial eel fishing, including allCrown and private waters within these Basins,

should be undertaken to permit optimalrecruitment of glass eels, and escapement ofmigrating adult eels. The protection of bothimmigrating glass eel stocks and emigratingadult eel stocks in waters and catchment orBasins which are not open to commercial eelfishing is expected to contribute significantlyto the overall sustainability of eel resourcesin Victoria.

It should be noted however, that waters whichmay otherwise be closed to commercial eelfishing may provide valuable glass eelresources. As glass eel resources continue to beidentified, and the fishery for these resourcesdevelops, such waters should not necessarily beclosed to developmental glass eel fishing untilsuch time as Victorian glass eel resources havebeen more fully quantified. Access to the glasseel resources in these waters and catchment orBasins should be held by the Crown andtendered out under contract where appropriate,or undertaken as part of an extensive scientificevaluation of all Victorian glass eel resources.

To help offset the risk of overfishing and toensure the industry’s sustainability and meetESD requirements of Fisheries Victoria, SCFAand Environment Australia, a minimum of10% by number of harvested glass eels takenfrom any Victorian water, including allocatedwaters, must be returned to the respectivewater as on-grown elvers (minimum individualweight 2.0g), at the operator’s expense.

The management of the Victorian eel fishery,as detailed in this Plan, follows the“Precautionary Approach” by restrictingcommercial eel fishing to defined waters andby conservatively managing the balancedharvest of glass eels and adult eels, whileencouraging the industry to develop throughstock enhancement and aquaculture.

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Figure 2. Distribution of eels by AWRC River Basin in Victoria

Table 2. Total length of major streams and tributaries within each River Basin, and proportion of lengthfished commercially for eels

Basin Name Basin No. Total Stream Approx. Total % Total StreamLength (km) Length of Stream Length

Open to Commercial CommerciallyFishing (km) Fished

East Gippsland 21 746 5 0.67Snowy 22 932 0 0.00Tambo 23 669 15 2.24Mitchell 24 844 0 0.00Thomson 25 1213 0 0.00LaTrobe 26 1052 40 3.80South Gippsland 27 1049 110 10.49Bunyip 28 336 22 6.55Yarra 29 874 0 0.00Maribyrnong 30 458 0 0.00Werribee 31 496 0 0.00Moorabool 32 500 0 0.00Barwon 33 558 30 5.38Lake Corangamite 34 490 0 0.00Otway Coast 35 556 40 7.19Hopkins 36 1146 15 1.31Portland 37 428 50 11.68Glenelg 38 1096 0 0.00

Total 13,443 327 2.43

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Ecosystem critical componentsand threats

Potential threats to theeel fisheryOcean-climate effectsEel leptocephali, and to a lesser extent glasseels, rely heavily on ocean currents for passive,or flow-assisted migration for their transporttoward land and freshwater habitats. Inaddition, changes in sea surface temperaturesdue to such phenomena as the El NiñoSouthern Oscillation may affect foodavailability to leptocephali. Changes in oceancurrents and sea temperature can thereforedrastically affect eel leptocephalus survival andmigration of glass eels, consequentlyimpacting on eel recruitment to freshwater.The effects of ocean-climate change on theoceanic migration of silver eels is largelyunknown, but any negative impact onspawning success of adult eels will ultimatelyaffect recruitment.

Habitat modificationEels utilise a variety of habitat types, rangingfrom the open ocean, to estuaries, rivers, lakes,swamps, creeks and farm dams. Specifichabitat attributes required at the differing lifestages of eel are not defined, however, withrespect to estuarine and freshwater habitatsand in relation to the Victorian eel fishery, thepresence of physical instream habitat featuressuch as woody debris, vegetation and rock isknown to be important. The removal,alteration or destruction of instream habitat,including the channelisation of streams, aretherefore potential threats to the eel fisheryand the aquatic ecosystem in general.

Barriers to migrationEels are catadromous fish and therefore matureadults undertake spawning migrationsdownstream to spawn in the ocean, whilst glasseels make the return journey to estuaries andmigrate upstream into freshwater as pigmentedelvers and yellow eels. Consequently, barriers toupstream and/or downstream migration ofeels, such as dams, weirs, barrages or locks, aremajor threats to eel populations at thecatchment level, despite the eel’s tenaciousability to negotiate obstacles, and therefore arethreats to the eel fishery, as well as to the aquaticecosystem. Threats to eel migration may bepartly mitigated through the use of fishwayson such barriers. Barriers to oceanic migrationmay also occur. Eels rely at least partially ongeo-magnetism for migration, thus anyalteration to the geo-magnetic field within eels’migration area could affect migration, possiblyinterfering with spawning and/or recruitmentsuccess. Electro-magnetic fields created bysubmarine electricity cables could potentiallyaffect the orientation of migrating eels.

Water abstractionThe abstraction of water for irrigation, stockand domestic, and other purposes is also athreat to eel fisheries and aquatic ecosystems.Such practice may significantly reduce thehabitat available to eels and other aquaticbiota, and may create sand bars and exposeother barriers such as waterfalls, which mayimpinge on eel migration. Notable is thecomplete blocking off of river mouths due tolow river flows, which may be exacerbated bywater abstraction, which prevents bothrecruitment of glass eels to freshwater habitats,and the seaward migration of spawning stock.

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Pollution and water qualityPollution of waterways and poor water qualityare threats to eel populations, the aquaticecosystem and the eel fishery. Theaccumulation of heavy metals and pesticidesin eel flesh may potentially be a major threatto the eel industry in particular, but alsoimpacts significantly on the aquatic ecosystem.A recent extensive survey of mercury andpesticide concentrations in eels from allocatedwaters undertaken by MAFRI showed thatthese contaminants are presently not a majorissue for the eel fishery in the waters sampled.Eutrophication of waterways due to excessnutrient accumulation may lead to algalblooms and potential crashes resulting inhypoxic conditions. The concentration ofnutrients due to drought can also createadverse conditions for eels, such as occurred inlate 1999 in Lake Gnarpurt, western Victoria,where an estimated 100 tonnes of eels perishedfollowing an algal bloom exacerbated bydrought conditions.

TranslocationThe translocation of exotic organisms,including fish and plant species, diseases,chemicals etc., through the movement of fish,including eels, between water bodies can havepotentially serious impacts on the eel fisheryand the aquatic ecosystem. The broad issuesrelating to the translocation of aquaticorganisms are being dealt with in anoverarching Departmental translocationpolicy. The utilisation of glass eels for stockenhancement under this Management Planrequires glass eels to be ongrown in closed,intensive rearing systems prior to stocking innatural waterways. Such systems would berequired to conform to Best PracticeEnvironmental Management Guidelines forclosed systems, currently being prepared byDNRE. An eel translocation policy is

required to address issues relating to thetranslocation of eels other than glass eels orcultured seedstock.

OtherOther threats to eels, the eel fishery and theaquatic ecosystem include sedimentation ofstreams, thermal pollution, and drought. Themajority of threats to eels and the eel fisherywith respect to the critical components of theaquatic ecosystem are listed under theVictorian Flora and Fauna Guarantee (Table 3).

Potential threats tothe ecosystem from theeel fisheryBycatchIt is Victorian government policy thatmanagement of the Victorian eel fishery mustcomply with the National Policy on FisheriesBycatch, and bycatch action strategiesdeveloped under that policy. In addition,biodiversity conservation and management, asdetailed in Victoria’s Biodiversity Strategy, isan integral part of the Victorian Government’senvironment policies and a fundamentalelement of NRE’s integrated programs. Theincidental catch (bycatch) of aquatic animalsincluding fish, mammals, reptiles and birds,may occur in the commercial eel fishery. EFALholders and nominated operators are onlypermitted to use fyke nets to take eels, andrestrictions on the size of mesh to be used infyke net construction (15-39mm) results insuch nets being considered to be relativelybenign in terms of damage or destruction ofother fish species. Most fish bycatch speciescaught in fyke nets will remain alive andgenerally uninjured for extended periods oftime. Some smaller species such as tupong,gudgeons and galaxiids, as well as juveniles oflarger species such as bream and estuary perch,may become meshed in the fyke net materialitself and may consequently perish. Rivers in

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which populations of platypuses and/orsignificant populations of estuary perch and/or Australian bass occur, are not open to eelfishing for those reasons. Potential bycatchspecies such as platypuses, water rats, tortoisesand water birds may not survive extendedimmersion in water whilst trapped inside fykenets, however bycatch reduction grids are used,as a permit condition, on fyke nets used inWildlife Reserves for the purpose ofpreventing the capture of aquatic animalsother than eels.

In combination, the gear used, includingbycatch reduction grids, and the closure ofwaters in which eel fishing is considered a riskto other aquatic fauna, contributes tosustainable eel fishing in terms of bycatchminimisation. In addition, at least two eelfishing codes of practice for bycatchminimisation are presently being developed byindividual licence holders, and bycatchmanagement throughout the industry will beaddressed through the development of abycatch action plan for the eel fishery withinthe life of this Management Plan. It is arecommendation of the Eel Fishery

Table 3. List FFG Potentially Threatening Processes, relevant to the Eel Fishery. Nomination number is asequential number and represents the order in which nominations for listing were received by the ScientificAdvisory Committee.

Potentially Threatening Process FFG NominationFlora and Fauna Guarantee Act, 1988 NumberAlteration to the natural flow regimes of rivers and streams 197

Alteration to the natural temperature regimes of rivers and streams 230

Degradation of native riparian vegetation along Victorian rivers and streams 354

Increase in sediment input into Victorian rivers and streams due tohuman activities 181

Input of organotins to Victorian marine and estuarine waters 313

Input of petroleum and related products into Victorian marine andestuarine environments 315

Input of toxic substances into Victorian rivers and streams 263

Introduction and spread of Spartina to Victorian estuarine environments 312

Introduction of live fish into waters outside their natural range within aVictorian river catchment after 1770 204

Prevention of passage of aquatic biota as a result of the presence ofinstream structures 292

Removal of wood debris from Victorian streams 118

The introduction of exotic organisms into Victorian marine waters 201

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Management Plan that periodic inspections ofcommercial fishing operations, as conductedby DNRE compliance officers, specificallyinclude monitoring of bycatch.

Potential impacts of the fishery onthe environmentEnvironmental impacts of activitiesundertaken as part of the fishery are minimal.Potential impacts may include damage toriverine habitats, riparian and instreamvegetation, and disturbance of the substrateand river banks due to deployment andretrieval of gear and the use of four-wheel-drivevehicles, boats, and water pollution due to theoperation of outboard motors. Vehiclesemployed in the eel fishery use only formedroads and tracks for access to waters, andboats are launched at established launchingramps. Fyke nets are set with timber polesand/or steel pickets driven into the substrate

(2-3 per net or fleet of nets) and/or removableweights, and as such interfere little withinstream or riparian habitat, and disturbanceof the substrate is minimal. The partial orcomplete loss of nets, and subsequent effectsof “ghost fishing” rarely occurs and is notconsidered to be an environmental issue in theeel fishery. Boats used in the fishery aregenerally aluminium punts powered withoutboard motors 40HP or less. Vessels aremaintained and operated in such a way as tohave minimal impact on the environment interms of wash or pollution from leaking fuelor oil. The gear used in the commercial eelfishery, and the methods employed to operateit, are managed in such a way as to haveminimal impact on the environment and thusare considered to be relatively benign.

TranslocationAs outlined in the preceding section, a policyaddressing the issues and processes for dealingwith eel translocation is required as arecommendation of this Management Plan.

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Level of fishing effort inCrown waters

Crown waters are all Victorian waters that,under section 8 of the Fisheries Act, 1995, arewithin the limits of the State.

All nets used by eel fishers should beidentifiable by the use of individual net tags orstamp. The use of surface buoys to mark netsincreases the risk of interference with gear,and/or theft of nets and eels, however, themarking of set gear in some way should bemaintained. It is proposed that the use ofsurface buoys continue as described in the 1995Plan, unless a suitable arrangement isnegotiated with the relevant Regional Office. Itis considered essential that the local regionalofficers must know when and where any fykenets are set in any agreed instances wheresurface buoys are not used. Alternatives tousing a surface buoy to mark each net mayinclude bank markers or buoys set within acertain distance upstream and downstream ofa fleet of nets.

The current blanket cap of a 50 net maximumper operator is no longer considered to beappropriate for all waters in managing the eelfishery on a catchment/Basin basis. It isproposed that the optimum number of nets

which can be adequately serviced by eachEFAL holder in each catchment/Basin, orwater fished, be negotiated with the relevantRegional Office of the Department. Theamount of fishing effort which can besustained by the standing crop of eels within aparticular water will depend on many factors,including the size of the water. For example,the maximum combined fishing effort in thesix western Victorian waters currently allocatedon a shared basis between four EFAL holdersis considered to be unsustainable. In thissituation, the optimum amount of fishingeffort needs to be determined for each sharedwater, based on a number of factors, includingthe productivity of each water. It isrecommended that the limits on the numberof nets and/or operators used by holders ofAquaculture Licences (Crown waters) in stockenhanced waters be removed.

The clearing of nets at least once every 48hours is to be maintained in all waters. Thiswill partly address bycatch reduction/survivaland will reduce the risk of inadvertentoverfishing.

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Recreational fisheryEels are important recreational target species inVictoria, however the level of recreational eelfishing effort and the quantity of either speciesof eel taken in the recreational fishery aredifficult to estimate. Anglers must hold a validRecreational Fishing Licence and are restrictedto a bag limit of 10 eels per day. A 30cmminimum size limit currently applies to eelsretained in Victoria. The commercial eelfishery may impact on both the recreationaleel fishery and recreational fisheries for otherspecies, however a significant part of therecreational eel take is from stock-enhancedwaters such as Lake Colac, Lake Bolac andLake Burrumbeet.

The major areas of potential impact ofcommercial eel fishing upon recreationalfisheries at the level of fishing effort describedunder this plan, are:● Potential for competition for food and

habitat between stocked eels andrecreational target species

● Unlicensed commercial eel fishing● Sustainability of concurrent glass eel fishing

and sea run eel fishing

Under the Eel Fishery Management Plan, thebag limit of ten eels per day of either or bothspecies per Recreational Fishing LicenceHolder will remain. The 30cm minimum sizelimit is to be removed from both thecommercial and recreational fisheries as thereis little scientific basis for its retention. Theremoval of the 30cm size limit is alsoconsistent with providing for the commercialharvest of glass eels.

Traditional eel fishingMany Aboriginal people continue to fish foreels in southwest Victoria. Eel traps and otherfishing methods continue to be used to catcheels which are a prized resource. It is unlikelythat the methods employed by Aboriginalpeople in harvesting eels, and the quantitiesharvested, would impact on the sustainabilityof the resource. Management of eel resources,including glass eels and elvers, in areas whereAboriginal use of the resource occurs couldconceivably be undertaken throughpartnership arrangements between thosecommunities and local commercial fishers.

Conservation interestsNeither the shortfinned or longfinned eel islisted, or has been nominated for listing as athreatened species in Victoria or in Australia,thus neither species is considered to be “in ademonstrable state of decline which is likely toresult in extinction or … significantly prone tofuture threats which are likely to result inextinction” (Flora and Fauna Guarantee Act,1988). Conservation issues relating to bycatchin the eel fishery, and impacts on theenvironment from the eel fishery will be dealtwith specifically in a Bycatch Action Plan, asaddressed above.

Of the waters commercially fished for eels, oneallocated water (Lake Corangamite) and threeaquaculture (Crown land) waters (LakesMurdeduke, Gnarpurt and Colongulac) arelisted collectively, along with five other lakes inthe Western District, as a Wetland ofInternational Importance or “Ramsar Site”. Inthe Western District Lakes Ramsar Site Draft

Level of fishing effort with respect torecreational, traditional andconservation interests

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Strategic Management Plan, the eel fishery inthese lakes is recognised as an importanteconomic contributor to the local area, butthat the impacts of the stocking andharvesting of eels on the environmental valuesof these lakes are currently unknown. Thedocument suggests that stocked eels mayimpact on other native fish species, inparticular spotted galaxias (Galaxias truttaceus)and Yarra pygmy perch (Nannoperca obscura)which are found in Lake Corangamite. BecauseLake Corangamite is an allocated water andnot a licensed Aquaculture (Crown land) water,no eel stocking occurs there, so any impact ofeels on these particular species would be fromeels recruiting naturally to the lake.

Resource use, which includes the commercialeel fishery, is considered to pose a mediumpriority risk under the Western District LakesRamsar Site Draft Strategic Management Planif conducted inappropriately. Impacts frominappropriate resource utilisation, with respectto the eel fishery, may be addressed throughthe enforcement of EFAL conditions. TheManagement Strategies of the Western DistrictLakes Ramsar Site Draft Strategic ManagementPlan indicates an ongoing priority for themanagement of the commercial eel fishery atthe site, which is the responsibility of DNREas the lead agency. The recommendationsmade in the Victorian Eel FisheryManagement Plan will ensure a managementregime which is in sympathy with the values ofRamsar sites.

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Aquaculture

Aquaculture licences for eels are currentlyissued for Crown waters (Lake Reserves, butnot Wildlife Reserves) and private land.Licences issued for Crown waters authorise theextensive culture, or stock enhancement, ofeels stocked as elvers or larger juvenile eels(snigs, restock eels). Licences issued for privateland may include extensive stock enhancementof private waters, such as farm dams, andintensive and semi-intensive eel culture usingglass eels or elvers as seedstock. Both Crownland and private land aquaculture licencesallow the stocking of eels in multiple waterbodies located on one property or definedCrown land area or allotment. Aquaculturelicences specifying eels are also subject to theconditions of every aquaculture licence (seeAppendices).

Aquaculture (Crown land)licence entitlementsAn Aquaculture (Crown land) Licenceauthorises the holder, on the Crown land andin or on the protected waters covering thatland specified in the licence:(a) to use, form or create a habitat for

hatching, rearing, breeding, displaying orgrowing fish (other than bivalve shellfishfor human consumption) or fishing baitspecified in the licence for sale or othercommercial purposes; and

(b) to hatch, rear, breed, display or grow fish(other than bivalve shellfish for humanconsumption) or fishing bait specified inthe licence for sale or other commercialpurposes; and

(c) to use commercial aquaculture equipmentspecified in the licence.

Aquaculture (Crown land)Licence conditions(1) The holder of an Aquaculture (Crown land)

Licence and the holder of an Aquaculture(Crown land) Type A Licence are subject tothe conditions specified in this regulation,in addition to any conditions imposed onthe licence under these Regulations or bythe Secretary under section 52 of the Act.

(2) The licence holder must, subject to theconditions of any Crown land leasecovering the area, not use in, or introduceinto, the area specified in the licence or itssurrounds or any place where it may flowinto the licensed area, any food, chemicalor artificial diet other than in accordancewith the licence conditions.

Translocation of restockAt present, stock enhancement of Crownwaters is undertaken under an AquacultureLicence (Crown land) issued to EFAL holderswhich entitles the holder to restock Crownwaters with juvenile eels for the purpose ofongrowing under natural conditions. Althoughthis practice has in the past been referred to asaquaculture, it is, in practice, more correctlystock enhancement, as generally no husbandryof the stocked fish or manipulation of theenvironment is undertaken, unless specified asa licence condition. The only means oflicensing the activity of stock enhancementpresently available is through the issue ofaquaculture licences. Certain anomalies ariseunder this situation, including the fact thatthe waters for which eel aquaculture licencesare issued are Crown waters, not private,consequently access to such waters and stock isnot the sole privilege of the licence holder andownership of stock cannot easily bepartitioned. Access to both the Crown waters

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and the stock is shared between the licenceholder and other users, including recreationalfishers, and in some cases other EFAL holders.There is therefore a requirement for otherlicensing arrangements to be developed, whichspecifically cater for stock enhancement of eelfisheries in Crown waters.

The conditions of an Aquaculture Licence(Crown land) should be consistent with thoseof an EFAL in that an appropriate number ofnets be negotiated between the licence holderand relevant DNRE regional office, for a waterfor which an Aquaculture Licence (Crownland) is held. All other existing licenceconditions will remain.

Aquaculture in private watersAn Aquaculture (Private land) Licenceauthorises the holder, on the private land andin or on the protected waters covering thatland specified in the licence:(a) to use, form or create a habitat for

hatching, rearing, breeding, displaying orgrowing fish or fishing bait specified in thelicence for sale or other commercialpurposes; and

(b) to hatch, rear, breed, display or grow fish orfishing bait specified in the licence for saleor other commercial purposes; and

(c) to use the commercial aquacultureequipment specified in the licence.

An Aquaculture Licence (Private land) is theonly means by which glass eels may be heldand/or reared to elver/restock size, or to finalproduct size. The translocation of restock eels,including elvers, from either an aquaculturefacility producing on-grown glass eels, or fromwild sources, into Crown waters for stockenhancement purposes should require aseparate translocation authorisation, asdescribed above.

Commercial utilisation ofglass eelsThe only means available at present ofexpanding and developing the eel fishery inVictoria is through aquaculture and stockenhancement. There is no scope at present forthe expansion of the wild fishery in terms ofincreasing effort or increasing the number ofspecified wild fishing waters. Recent work bythe Marine and Freshwater Resources Institute(MAFRI) has identified the potential for theutilisation of local glass eel resources foraquaculture, and is also developing a nationaleel aquaculture industry development strategy,focussing on the utilisation of glass eelsnationally. Access to, and exploitation of glasseel stocks, on an ecologically sustainable basis,in specified waters should be encouraged inorder to allow the development of eelaquaculture and stock enhancement.

Victorian glass eel resources can potentially beput to three major uses:● Intensive aquaculture to market size● Intensive aquaculture to stocker (elver) size

for stock enhanced fisheries● Export interstate or overseas

Decisions upon how glass eel resources areutilised should be made as required, in the bestinterest of the Victorian eel fishery andaquaculture sectors, but consistent withmanagement implications on a national basisof a genetically uniform stock. It is importantto note that international trade in glass eels isalmost universal, and options for the Victorianindustry to participate in both export, andimport where appropriate, of glass eels shouldbe considered. Any seedstock exported fromVictoria could be listed in Appendix III of theConvention on International Trade inEndangered Species of Wild Flora and Fauna(CITES). Such listing provides for monitoringand inspection at both ports of departure andarrival through the use of permits whichindicate that a legal harvest has taken place.

29


The use of wild caught elvers for stockenhancement should also continue wherepracticable, but stock enhancement using glasseels directly should not occur. Supply of glasseel seedstock from Victorian waters may belimited, so the importation of shortfinnedglass eels and longfinned glass eels frominterstate or New Zealand should beconsidered as a long-term goal for the industryand subject to stringent quarantine measuresand associated bio-security requirements forthe translocation of eels. Trade in glass eelswould subsequently be driven by prevailingmarket forces. It should be noted that theimportation of live fish is generally prohibitedby AQIS, however any application for theimportation of glass eels would be consideredby AQIS, subject to a risk assessment process.Such an application may take a number ofyears to fully evaluate.

A stock enhancement strategy similar to thatused for the recreational fishery should bedeveloped whereby a database is kept on thecollection, importation and translocation ofglass eels, and the quantities of cultured elversstocked in culture waters. This informationwould be used in conjunction with catcheffort data for the adaptive management ofthe eel fishery to optimise yield. Thetranslocation of seedstock in stock enhancedwaters would be enabled via a separate permitto the EFAL.

The position of the Department, in respect ofglass eel stocks, is to pursue the ecologicallysustainable harvest and utilisation of bothlongfinned and shortfinned glass eels in themanner which is considered to be in the bestinterests of the eel fishery and aquaculturesectors. It is the view of the Department thatstewardship of glass eel resources in allocatedwaters remain with EFAL holders for the lifeof the EFMP. EFAL holders must undertake agenuine attempt in each season during thistimeframe to harvest glass eels from theirrespective allocated waters, or demonstrate why

harvesting could not occur, in order forexclusive access to the glass eel resources inthese waters to continue. It is a requirement ofthe Eel Fishery Management Plan that fair andequitable access to glass eel stocks be providedto all Victorian aquaculture licence holders,and that glass eels must be made available at afair market price. Contractual arrangementsbetween glass eel suppliers and eel culturistsmust guarantee access to a proportion of thetotal glass eel catch, and provide for advancesupply of glass eels as required by theculturists, recognising the seasonal nature ofthe availability of the resource, and thepossibility of non-supply due to the inherentnatural variability in the abundance of glasseels. Such an arrangement is the mostequitable in terms of resource access andallocation, and addresses the objective of theDepartment to develop the glass eel fisheryand eel aquaculture. Access to glass eels fromunallocated or closed waters, including theSnowy and Brodribb Rivers, will be at thediscretion of the Crown and harvesting thereofmay be tendered out accordingly.

Guidelines for the issue ofaquaculture licencesAquaculture licences are the only meanspresent of enabling the translocation ofjuvenile eels and subsequent extensiveongrowing in Crown waters. The issue ofaquaculture licences for both extensive andintensive eel culture will be at the discretion ofthe Executive Director Fisheries, andapplications for aquaculture licences (Crownor private land) specifying eel will beexamined on a case by case basis.

30


Guidelines for the issue ofpermits for the collection ofglass eelsFor the duration of the plan, general permitsfor glass eel collection will be issued exclusivelyto EFAL holders for access to glass eels inallocated waters. In unallocated Crown watersopen to eel fishing, and in any closed watersin which substantial glass eel resources occur,access to glass eels will be at the discretion ofthe Crown, and may be tendered outaccordingly.

Catch effort reportingThe reporting of catch and effort data needsto be improved overall. In particular, catchand effort returns are required to be of a highstandard for the adaptive management of thefishery, which should be undertaken on anannual basis. Catch and effort informationwill be required to be reported on acatchment/AWRC Basin basis, and accurateidentification of individual waters fished willbe required. At present, several problems existwith the structure of the reporting logbooks,identification of waters fished, the permitsystem for waters fished which are notallocated on licences, reporting of catch bygear type and the reporting of thetranslocation of eel restock. It is recommendedthat catch-effort reporting logbooks/returns bereviewed to improve the accuracy and value offishery-dependent data.

31


Performance indicators, targets andmonitoring

MonitoringOngoing monitoring of fishery andreview of the Management PlanThe performance of the Management Plan willbe measured by the degree to whichmanagement recommendations andimplementation targets are reached. Themanagement regime and implementationtargets and processes as set out in theManagement Plan should be monitored andreviewed annually. Ongoing monitoring of thefishery, including implementation of theManagement Plan and operation of themanagement response system, will beundertaken through the formation of asubcommittee comprising members of theInland Fisheries Committee of the FisheriesComanagement Council, Regional DNREOfficers, MAFRI, Fisheries Victoria andSeafood Industry Victoria.

Fishery-dependent managementresponse systemHistorical catch data indicates the productionfrom the Victorian eel fishery is highlyvariable and depends on many factors,including anthropogenic factors such asfishing pressure and habitat degradation, andenvironmental effects such as drought. Figure1 indicates the variable production of thefishery, ranging from 125–450 tonnes since1979. Since 1994 production of shortfinned eel,from both the wild fishery and from stockenhancement, has declined steadily. This is duelargely to persistent drought conditions in thewestern district of Victoria, in which over 70%of shortfinned eel production occurs. Thisprotracted drought period has resulted in anestimated loss of 60% of productive eel waters.

Although current low production levels in thefishery are clearly a result of prevailingenvironmental conditions (drought), It isproposed that a management response systemis set in place whereby a production triggerpoint be established for the eel fishery, belowwhich a review of the fishery is initiated. Sucha review will examine the decline in thefishery, determine the reason for the decline,and recommend options for the managementof the decline in the fishery.

ProcessIt is proposed that a trigger point be set for thefishery at 20% reduction in catch, based onthe mean catch for the preceding three years.The trigger will be set for each component ofthe fishery (wild shortfinned eel, wildlongfinned eel and stock-enhanced fishery), forthe combined catch in the fishery, and foreach AWRC Basin respectively. Once thetrigger point is reached for any component ofthe fishery, the Secretary will initiate a reviewof the fishery which will be undertaken byDNRE, Industry and the FisheriesComanagement Council. The review willexamine the decline in the fishery and provideadvice within a period of three months to theMinister, including recommendations andoptions for management. The proposedimprovements to the data reporting andmanagement system will enable the rapididentification of any decline in the fishery,and subsequent management response.

Fishery-independent monitoringIndependent monitoring of the eel fishery isincluded in Environment Australia’srequirements for the demonstration of ESD inexport fisheries. Specifically, requirementsunder Principle 1 of Environment Australia’sguidelines for assessing the ecological

32


sustainability of fisheries management regimesinclude: an appropriate mix of fisherydependent and fishery independent researchand monitoring, a robust assessment of thedynamics and status of the species/fishery andperiodic review of the process and the datacollected, a sound estimate of the potentialproductivity of the fished stock/s and theproportion that could be harvested, andreference points (target and/or limit), thattrigger management actions. To date, routineindependent monitoring of the Victorian eelfishery has not been undertaken as part of anongoing management strategy for the fishery.

Most biological reference points requireinformation on several population parametersincluding age structure, growth, naturalmortality, spawning stock size and recruitmentsize. Many of these parameters are difficult toestimate for eel, however among the mostimportant management issues for eel fisheriesaround the world are escapement of spawningeels and the establishment of spawnerescapement limits and targets, and eelrecruitment. In the management of eelfisheries, the assumption that recruitment isdependent on spawning stock size is consistentwith the “Precautionary Approach” to fisheriesmanagement. It is critical that the Victorian eelfishery maintain step with best practicemanagement and develop, as a minimum,mortality rate reference points and spawningstock biomass limits for the futuremanagement of the fishery.

ProcessThe Management Plan recommends thatprecautionary limit and target reference pointsfor fishing mortality and for spawningbiomass be set, and that a low risk ofexceeding such limits is ensured. A review ofrelevant current and past research into eelpopulation biology in Victoria should beundertaken as a matter of priority to identifyinformation deficient areas, and that aresearch and monitoring strategy for theVictorian eel fishery be proposed, in order toeffect the establishment and application ofbiological reference points for eel management.

Research and Development needsIn the fisheries research strategy document for2000/01–2004/05, compiled by the ResearchCommittee of the Fisheries ComanagementCouncil, research needs and priorities relatingto the eel fishery include:1) Commercial and Recreational Fisheries -

Freshwatera) Fisheries assessment and biologyi) Quantitative assessment of glass eel

resourcesii) Evaluation of stock enhancement

b) Habitat and ecologyi) Evaluation of the impact of aquatic

habitat restoration, operational riverimprovement works and environmentalflows on major freshwater commercialand recreational species

ii) Critical habitat requirementsiii)Development of robust environmental

sustainability indicators

c) Socio-economics and managementi) Economic assessments of inland

fisheriesii) Use of GIS systems to inventory and

integrate existing information onfisheries and habitat for management

2) Aquaculture - Freshwatera) Developmenti) Improved understanding of the

availability of glass eel seedstockii) Development of intensive culture of

glass eel stocks and the diet andhusbandry required to cost-effectivelyproduce product

iii)Provision of aquaculture productionmodels

iv) Planning and evaluation of stockenhancement programs

33


3) Aquatic Ecology and Environment -Freshwatera) Habitat and ecologyi) System-based studies of the ecosystems

of important fisheriesii) Assessment and monitoring of key

aquatic environmentsiii)The impact of aquatic habitat

restoration, operational riverimprovement works and environmentalflows on the riverine and estuarineenvironments

iv) Development of cost-effectiveenvironmental monitoring protocols

b) Socio-economics and managementi) The impact of catchment management

on the riverine and estuarineenvironments

ii) Development of environmentalsustainability indicators

In recent years, DNRE has, in partnershipwith industry, the Fisheries Research andDevelopment Corporation (FRDC) and anumber of state agencies, invested significantfunds into the development of the commercialeel fishery and aquaculture sector in Victoriaand within Australia. Most notably, two majorR&D projects, managed by the Marine andFreshwater Resources Institute in Victoria, haveinvestigated aspects of glass eel stockassessment and aquaculture. These projectshave involved extensive collaboration betweenMAFRI, Deakin University and theQueensland Department of PrimaryIndustries, NSW Fisheries and the TasmanianInland Fisheries Service. Projects investigatingaspects of the wild eel fishery in Queensland,NSW and Tasmania are also underway.

A strategic five-year plan for research anddevelopment is being developed throughfunding from FRDC which will emphasiseR&D priorities for the eel sector on a nationalbasis. The Australia and New Zealand Eel

Reference Group (ANZERG) is overseeing thedevelopment of the R&D strategy, and willsupervise the implementation andmanagement of the strategy in the long term.The draft areas for R&D on a national basis inorder of priority are:1 Impacts of impoundments2 Sustainability criteria3 Fisheries development, policy and

management4 General biology, ecology and stock

assessment5 Habitat requirements6 Heavy metal impacts7 Bycatch reduction

The national eel R&D priorities above aregenerally consistent with those determined forVictoria, although the immediate effects ofimpoundments on the migration of eels inVictorian streams are generally not consideredto be as great as in other states whereimpoundments on coastal streams areprevalent. However, both the upstreammigration of juvenile eels, and the seawardmigration of adults may be impacted by thesmaller barriers, such as weirs and causeways,more common on Victorian coastal streams.The effects of barriers on the escapement ofmigrating eels is of particular concern, and isof high priority for the Victorian eel fishery.Also, in line with the draft R&D priorities ona national scale, R&D into sustainability ofstocks, fisheries development, policy andmanagement and general biology, ecology andstock assessment are of major importance tothe Victorian eel fishery.

34


Specific areas requiring R&D in the eel fisheryin Victoria are:● Biological

- Size and age of eels at maturation- Assessment of mortality- Stock composition and sex ratio of adult

eels over time and space- Escapement rate of migrating adult eels- Mapping and dynamics of glass eel

resources- Production in stock enhanced eel

fisheries- Monitoring of on grown elvers stocked

into wild fishery waters

● Environmental- Habitat assessment- Optimising yield in culture waters

● Marketing & business development- Ongoing residue monitoring- Food safety- Demand vs farmed product- Extensive culture vs intensive growout

(cost benefit), elvers vs cultured glass eels- Role of Aboriginal community in eel

management

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Implementation of the Eel FisheryManagement Plan

Other related policies andplans to be developedindependentlyA national eel industry business developmentstrategy, and an Australian and New Zealandeel research and development plan, fundedlargely by the FRDC, are in preparation. Theseplans will set priorities for the strategicdevelopment of the eel aquaculture industry inparticular, including glass eel resources, andfor research and development in eel biologyand management on a national andinternational scale. The relevance of theseplans to the Victorian eel industry issignificant, and will help in developing theindustry in line with national priorities(Table 4).

There is a clear need for the close involvementof ANZERG to provide the forum for widerconsultation and input of expertise during thepreparation of these policies and plans. Asstated, the development of eel managementregimes must be cognisant of managementregimes in other Australian States, andinternationally where appropriate, to ensure aconsistent approach to eel managementthroughout the geographic distribution ofeach species.

Policies to be developed as apriorityThe Eel Fishery Management Plan hasidentified the need for a bycatch action planfor the eel fishery, a translocation policy foreels into and within Victoria, and a fisheryresearch and monitoring strategy. A bycatchaction plan needs to be developed in line withgovernment policy and to comply with theNational Policy on Fisheries Bycatch, andbycatch action strategies developed under thatpolicy. The translocation of eels, in particularglass eels, elvers and restock eels, for thepurpose of aquaculture and stockenhancement of eel fisheries, is expected tocontinue to be a widely practised activity inthe Victorian eel fishery. It is necessary that apolicy for the translocation of eels bedeveloped to streamline and facilitate theexpansion of the eel industry in Victoria, inline with the Draft Victorian Policy and theNational Policy on the translocation ofaquatic organisms. A research and monitoringstrategy is required for the determination ofbiological reference points for the sustainablemanagement of the eel fishery (see below). Allpolicies and strategies developed as part of theManagement Plan’s recommendations will bedone so in consultation with industry and therelevant peak bodies.

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Table 4. Recommendations and implementation targets to be achieved.

Recommendation/Target Priority

Draft Bycatch Action Plan for eel fishery HighDraft Translocation Policy for eel fishery and aquaculture industry HighAudit and classification of all waters fished HighPropose research and monitoring strategy for eel fishery HighCommence fishery management response system HighRevised catch-effort reporting logbooks/returns in use HighRemoval of 50 net cap in parallel with negotiation of local operating arrangements LowRemoval of minimum legal size limit for commercial and recreational eel fishery LowConsolidation of all scheduled, allocated and permit waters as conditions on licences OngoingNegotiation of level of fishing effort in Crown waters on individual basis OngoingNegotiation of need for use of surface float on nets OngoingClosure of catchments/waters identified in water audit to commercial eel fishing OngoingCommitment to glass eel fishing and development in allocated waters OngoingNegotiation, where applicable, of eel resource equity agreements withidentified Aboriginal communities OngoingBycatch monitoring by compliance officers Ongoing

Resources required to implement the Victorian Eel Fishery Management Plan will be provided byDNRE.

Specific processes to beundertaken in theimplementation of theManagement PlanConduct audit of waters fishedPurposeTo improve the knowledge base of commercialeel fishing activities and to identify fishingpressure across the State. It is not the intentionof the water audit to close waters routinelyfished commercially for eels.

Process● Consult eel fishermen both collectively, and

individually on a confidential basis, toidentify all waters routinely fishedcommercially for eels.

● Waters of interest are all waters open tocommercial eel fishing including allocatedwaters, waters fished under permit, and anyunspecified Crown waters which areroutinely fished.

● List all waters fished as conditions onlicences.

● All waters identified will be catalogued in aGIS linked database.

● Fishing effort in all waters to be negotiatedwith relevant regional Departmental office.

TimelinesThe audit is to be completed within first yearof the Management Plan’s implementation.

Anticipated outcomes● Comprehensive database of waters routinely

commercially fished for eels.

37


● Identification of catchments not fished foreels, and closure of these catchments tocommercial eel fishing.

● Improved catch-effort reporting capacity.

Determination of appropriate level offishing effortPurposeTo negotiate the appropriate level of fishingeffort by water and/or catchment fished.

Process● Develop criteria index for negotiation.● Negotiation of appropriate number of nets

for each water fished between EFAL holderand relevant Departmental FisheriesOfficer/Manager.

● Remove 50 net cap from FisheriesRegulations.

TimelinesOngoing throughout life of the ManagementPlan.

Anticipated outcomes● Increased degree of self-management within

the fishery.● Objective determination of fishing effort.● Reduced risk of overfishing.

Revise catch-effort reportinglogbooks/returnsPurposeTo improve the accuracy of catch and effortreporting, in particular production data bywater, including the productivity of stockenhanced eel fisheries.

Process● In consultation with the Eel Fishers’

Association, revise catch and effort returnforms/logbooks to include water audit code.

● Include eel receiving information anddisposal as exported, sold on the domesticmarket, or translocated.

TimelinesComplete within first year of the ManagementPlan’s implementation.

Anticipated outcomes● Improved accuracy of catch-effort data● Improved capacity to monitor fishing

pressure and effects on individual watersand Basins

● Improved management response system● Ability to monitor and maximise

productivity of stock-enhanced eel waters

Access to glass eel resources inunallocated Crown watersPurposeTo provide for fair and equitable access to glasseel resources in unallocated Crown waters.

Process● Executive Director Fisheries to advertise for

Expressions of Interest from suitableapplicants to collect glass eels fromspecified unallocated Crown waters, for apredetermined period of time.

● Tender would be awarded to the mostsuitable applicant depending on a range ofsuitability criteria including a demonstratedknowledge and experience in the collectionof glass eels, and the applicant’s level ofcommitment to the development of theindustry.

● Conditions of tender would include, butnot be limited to:- Utilisation of glass eels is for the benefit

of eel production in Victoria.- Glass eels may only be utilised in culture

systems approved by Executive DirectorFisheries.

- Glass eels must be made available to alleel culturists approved by ExecutiveDirector Fisheries.

● As for the utilisation of glass eels fromallocated waters, eel culturists will beguaranteed access to a proportion of thetotal glass eel catch, and provision for

38


advance supply of glass eels as required bythe culturists will be made, recognising theseasonal nature of the availability of theresource, and the possibility of non-supplydue to the inherent natural variability inthe abundance of glass eels.

● The process for determining access to glasseel resources in unallocated Crown waterswill consider opportunities for Aboriginalcommunities to benefit from utilisation ofthe resources.

TimelinesReview annually.

Anticipated outcomes● Optimal use of glass eel resources.● Increased eel production through intensive

aquaculture and stock-enhancement.

Implementation targetsrequiring amendments tolegislation● Removal of minimum size limit for

commercial and recreational eel fishery.● Removal of 50 net cap per licence.● Removal of mandatory marking of each

fyke net with surface float.● Closure of catchments/waters identified in

water audit to commercial eel fishing.● Listing all waters able to be commercially

fished as conditions on licences.● Introduction of translocation permit to

replace aquaculture licence.● Removal of reference to “A” and “B” Eel

Fishery Access Licences from the FisheriesRegulations.

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Fees, levies and royalties

Any fees, levies or royalties imposed on thecommercial eel fishery will be determinedthrough a separate government processconsidering all fisheries, and consistent withthe National Competition Policy Review.

3-winged fyke net (DNRE).

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Consistency with NationalCompetition Policy

National Competition Policy (NCP) is theoutcome of agreements between theCommonwealth and all State and Territorygovernments. It was intended to advance, on anational basis, a range of competition reformsconsidered capable of delivering significantpublic benefits. National Competition Policycontains a number of reforms to enable andencourage competition. It also addressesreforms in some other areas that are critical tothe long term sustainability of Australianindustries. The reforms are briefly outlined as:● The extension of Trade Practices laws

prohibiting anti-competitive activities (suchas the abuse of market power and market-fixing ) to all businesses – previously mostgovernment-owned and some privatebusinesses were exempt.

● The introduction of ‘competitive neutrality’so that privately-owned businesses cancompete with those owned by Governmenton an equal footing.

● The review and reform of all laws thatrestrict competition unless the benefits ofthe restriction to the community as a wholeoutweigh the costs and the restrictions areneeded to attain the benefits.

● The development of a “National AccessRegime” to enable competing businesses touse nationally significant infrastructure(like airports, electricity cables, gaspipelines and railway lines).

● Specific regulatory reforms to the gas,electricity, water and road transportindustries.

The Victorian Eel Fishery Management Planwill ensure that the eel fishery in Victoria willbe managed in a way which conforms with theNational Competition Policy.

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Appendix 1Submissions received

InternalParks Victoria,East Region

Geoff Gooley,Marine & Freshwater Resources Institute

Alan Baxter,Fisheries Victoria

Gus Fabris,Marine & Freshwater Resources Institute

Bill O’Connor,Parks, Flora & Fauna

ExternalVRFish

Lake Burrumbeet Advisory Committee Inc.

Mick Thomas,Melbourne

East Gippsland Estuarine Fishermen’sAssociation Inc.

Lake Learmonth Advisory Committee

Late submissionRichard Stuart,Linton

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Appendix 2Conditions of every commercial fishery licence

(1) Every commercial fishery licence is subjectto the conditions specified in thisregulation, in addition to any otherconditions imposed on the licence by theseRegulations and by the Secretary undersection 52 of the Act.

(2) The licence holder or any person actingunder the licence—(a) must ensure that any information

provided to the Secretary, whether in aprescribed form or otherwise, isprovided clearly, legibly, truthfully andaccurately; and

(b) must notify the Secretary within 28 daysof any change to his or her residentialaddress or postal address or, in the caseof a corporation, the registered officeaddress; and

(c) must not use more people to assist in afishing operation than the numberspecified in his or her licence (if any);and

(d) must ensure that the licence or a trueand accurate copy of the licence isretained on board the boat, or in thecase of licensed premises, on thosepremises, at all times; and

(e) must keep any document issued to thelicence holder under the Act or theseRegulations in a safe place at all times;and

(f) if any document issued to the licenceholder under the Act or theseRegulations is lost, damaged ordestroyed, must as soon as practicablenotify the Secretary;

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Appendix 3Conditions of every access licence (other than AbaloneFishery Access Licence)

(1) Every access licence (other than an AbaloneFishery Access Licence) is subject to theconditions specified in this regulation, inaddition to any other conditions imposedon the licence by these Regulations and bythe Secretary under section 52 of the Act.

(2) The licence holder—(a) must ensure that a monthly catch and

effort return is completed on the formprovided by the Secretary showing alldetails required by the form; and

(b) must ensure that the catch and effortreturn completed under paragraph (a) issent to the Secretary by the 14th day ofthe month following the period of thereturn; and

(c) must retain a copy of every catch andeffort return completed under paragraph(a) for a period of 3 years; and

(d) must, at any reasonable time whenrequested to do so by an authorisedofficer, produce copies of a catch andeffort return for inspection by theofficer; and

(e) must at all times when in charge of crewduring a fishing operation—(i) ensure that the crew are in his or her

actual physical presence; and(ii) be in control of those crew; and(iii) ensure that those crew are not

engaged in a separate fishingoperation; and

(f) must ensure that any fish taken that arenot required to be retained, other thannoxious aquatic species, are immediatelyreturned to the water with the leastpossible injury or damage; and

(g) must not take, possess, retain on board aboat or land from a boat, more than thecatch limit of fish of the taxa specifiedin regulation 504; and

(h) must not take, possess, retain on boarda boat or land from a boat, more than atotal of 400 kilograms of fish of the taxaspecified in regulation 504; and (i) mustnot take, possess, retain on board a boator land from a boat, any fish of thefollowing taxa—Bass, Bass groper and Hapuku;Gemfish;Southern bluefin tuna, Northern bluefintuna, and Bill fish;King dory;Ox-eye oreo;Smooth oreo;Spiky oreo;Warty oreo;Blue grenadier;Black oreo;Orange roughy.

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Appendix 4Conditions of every aquaculture licence

(1) The holder of an aquaculture licence issubject to the conditions specified in thisregulation, in addition to any conditionsimposed on the licence under theseRegulations or by the Secretary undersection 52 of the Act.

(2) The licence holder—(a) must maintain a book of account for

any priority species showing details ofthe goods in relation to that speciesproduced in the ordinary course of thebusiness while acting under the licence;and

(b) must keep the book of account for aperiod of 3 years after the last entry wasmade in it; and

(c) must make the book of account availablefor inspection by an authorised officerat any reasonable time; and

(d) must—(i) within 24 hours of the outbreak of

any notifiable disease in anaquaculture crop, notify the Secretaryby telephone; and

(ii)within 5 days of the outbreak of anynotifiable disease in the crop, notifythe Secretary in writing; and

(e) must not sell, remove, discharge, disposeof or transfer any fish, sea water orequipment from an area that is affectedby a notifiable disease or toxic algae toany other area; and

(f) must complete an aquaculture cropproduction return on the form approvedby the Secretary for the periods—(i) 1 July to 31 December in each year;

and(ii)1 January to 30 June in each year—

and forward the original return to theSecretary within 30 days of the end ofeach period; and

(g) must ensure that any fish or protectedaquatic biota taken that are not to beretained (other than noxious aquaticspecies) are immediately returned to thewater with the least possible injury ordamage.

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Victorian

Eel Fish

ery Man

agement Plan

Appen

dix 5Sum

mary of w

aters comm

ercially fished

Allocated Waters Waters Fished Aquaculture Waters Aquaculture Waters Glass Eels Elvers Oversized/under Permit (Crown) (Private) (2001 Only) Modified Gear

Tarwin River Macleod Morass Fiery Creek 2 dams, Tarwin River Maffra Weir GippslandState Game Reserve “Bon Nerrin” property Lakes

Albert River Jack Smith Lake Lake Bolac 6 dams, Tarra River Lake Powlett RiverState Game Reserve “Wongetta” property Wellington

Gippsland Lakes Clydebank Morass Lake Murdeduke Paddy Lake Albert River Tarwin RiverState Game Reserve

Eumerella River Heart Morass Lake Oundell Lake Woolongoon Little River Barwon RiverState Game Reserve

Lake Purrumbete Lake Curlip Martins Lake Bream Creek Curdies InletWildlife Reserve

Barwon River Lake Corringle Lake Linlithgow Yarra RiverWildlife Reserve

Lake Connewarre Dowd Morass Lake Buninjon Lower Lake,Mallacoota

Tarra River Lake Coleman Lake GnarpurtNatureConservation Reserve

Lower Lake Sale Common Lake BurrumbeetMallacoota State Game ReserveLake Gillear Lake Rosine Lake Modewarre

Wildlife Reserve

Merri River Burrumbeet Creek Lake ColongulacKelly Swamp Lake Oundell Lake Colac

Aire River Lake Jollicum Lake BullrushWildlife Reserve

46 Victorian

Eel Fish

ery Man

agement Plan

Allocated Waters Waters Fished Aquaculture Waters Aquaculture Waters Glass Eels Elvers Oversized/under Permit (Crown) (Private) (2001 Only) Modified Gear

Lake Corangamite Woady Yaloak Mill SwampFlood Plain

Hospital Swamp Lake Eyang Tremaine SwampWildlife Reserve

Lake Learmonth

Deep LakeLake TooliorookLaTrobe River

Moe DrainCurdies River

Gellibrand RiverFitzroy RiverSurry River

Moyne RiverShaw River

Darlot CreekFranklin River

Agnes River

Summ

ary of waters com

mercially fish

ed (cont’d)

47


Barham River

Yarrowee (Leigh) River

Avon River

Nutting Creek

Thomson River

Freshwater Creek

Glenelg River

Hopkins River

Mitchell River

Nicholson River

Tambo River

Snowy River

Brodribb River*

Cabbage Tree Creek*

Cann River*

Port Phillip Bay & Western Port Bay streams**

Wingan River**

Any water not specified in the former Scheduleof Waters in the Regulations.

Appendix 6Waters specifically closed to eel fishing

* Originally considered as part of a“conservation reserve” to “maintainadequate breeding stocks of eels”.

** Previously open to eel fishing

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Appendix 7Acronyms

ANZERG The Australia and New Zealand Eel Reference Group

AQIS Australian Quarantine and Inspection Service

AWRC Australian Water Resources Council

CITES Convention of International Trade in Endangered Speciesof Wild Flora and Fauna

DNRE Department of Natural Resources and Environment

EFAL Eel Fishery Access Licence

EFMP Eel Fishery Management Plan

ESD Ecologically Sustainable Development

FFG Flora and Fauna Guarantee

FRDC Fisheries Research and Development Corporation

GIS Geographic Information System

IFS Inland Fisheries Service, Tasmania

MAFRI Marine and Freshwater Resources Institute

NCP National Competition Policy

R&D Research and Development

SCFA Standing Committee on Fisheries and Aquaculture

TAC Total Allowable Catch

VRFish Victorian Recreational Fishing Peak Body

Documents

Victorian Eel Fishery - Management Plan - Part 2 · PDF fileMetamorphosis to the glass eel is thought to ... 3 Victorian Eel Fishery Management Plan ... Port and Port Phillip Bays