Catch limits, capacity utilization and cost reduction in Japanese fishery management

Japan's fishery harvest peaked in the late 1980s. To limit the race for fish, each fisherman could be provided with specific catch limits in the form of individual transferable quotas (ITQs). The market for ITQs would also help remove the most inefficient fishers. In this article we estimate the potential cost reduction associated with catch limits, and find that about 300 billion yen or about 3 billion dollars could be saved through the allocation and trading of individual-specific catch shares.

What’s law got to do with it?: Medical negligence, causation and the use of policy

In a medical negligence context, and under the causation provisions enacted pursuant to Civil Liability Legislation in most Australian jurisdictions, the normative concept of “scope of liability” requires a consideration of whether or not and why a medical practitioner should be responsible for a patient’s harm. As such, it places a limit on the extent to which practitioners are deemed liable for a breach of the duty of care owed by them, in circumstances where a legal factual connection between that breach and the causation of a patient’s harm has already been shown. It has been said that a determination of causation requires ‘the identification and articulation of an evaluative judgement by reference to “the purposes and policy of the relevant part of the law”’: Wallace v Kam (2013) 297 ALR 383, 388. Accordingly, one of the normative factors falling within scope of liability is an examination of the content and purpose of the rule or duty of care violated – that is, its underlying policy and whether this supports an attribution of legal responsibility upon a practitioner. In this context, and with reference to recent jurisprudence, this paper considers: the policy relevant to a practitioner’s duty of care in each of the areas of diagnosis, treatment and advice; how this has been used to determine an appropriate scope of liability for the purpose of the causation inquiry in medical negligence claims; and whether such an approach is problematic for medical standards or decision-making.

Submission on NSW Attorney-General's Discussion Paper on Amendment of Limitation of Actions Act 1969 to remove time limit for civil claims for child abuse

The New South Wales Attorney-General and Justice Policy Division released a Discussion Paper about reform of the Limitation of Actions Act 1969. The key question was whether and how to amend the statute to better provide access to justice for civil claimants in child abuse cases. This submission draws on published literature and multidisciplinary research to support the Discussion Paper's Option A, namely, to abolish the time limit for civil claims for injuries in criminal child abuse cases, and for this to be made retrospective.

Stock assessment of the Queensland-New South Wales tailor fishery (Pomatomus saltatrix)

Data on catch sizes, catch rates, length-frequency and age composition from the Australian east coast tailor fishery are analysed by three different population dynamic models: a surplus production model, an age-structured model, and a model in which the population is structured by both age and length. The population is found to be very heavily exploited, with its ability to reproduce dependent on the fishery’s incomplete selectivity of one-year-old fish. Estimates of recent harvest rates (proportion of fish available to the fishery that are actually caught in a single year) are over 80%. It is estimated that only 30–50% of one-year-old fish are available to the fishery. Results from the age-length-structured model indicate that both exploitable biomass (total mass of fish selected by the fishery) and egg production have fallen to about half the levels that prevailed in the 1970s, and about 40% of virgin levels. Two-year-old fish appear to have become smaller over the history of the fishery. This is assumed to be due to increased fishing pressure combined with non-selectivity of small one-year-old fish, whereby the one-year-old fish that survive fishing are small and grow into small two-year-old fish the following year. An alternative hypothesis is that the stock has undergone a genetic change towards smaller fish; the true explanation is unknown. The instantaneous natural mortality rate of tailor is hypothesised to be higher than previously thought, with values between 0.8 and 1.3 yr–1 consistent with the models. These values apply only to tailor up to about three years of age, and it is possible that a lower value applies to fish older than three. The analysis finds no evidence that fishing pressure has yet affected recruitment. If a recruitment downturn were to occur, however, under current management and fishing pressure there is a strong chance that the fishery would need a complete closure for several years to recover, and even then recovery would be uncertain. Therefore it is highly desirable to better protect the spawning stock. The major recommendations are • An increase in the minimum size limit from 30cm to 40cm in order to allow most one-year-old fish to spawn, and • An experiment on discard mortality to gauge the proportion of fish between 30cm and 40cm that are likely to survive being caught and released by recreational line fishers (the dominant component of the fishery, currently harvesting roughly 1000t p.a. versus about 200t p.a. from the commercial fishery).

Spatial and temporal variation and effects of changes in management in discard rates from the commercial reef line fishery of the Great Barrier Reef, Australia

Discarding in commercially exploited fisheries has received considerable attention in the last decade, though only more recently in Australia. The Reef Line fishery (RLF) of the Great Barrier Reef (GBR) in Australia is a large-scale multi-sector, multi-species, highly regulated hook and line fishery with the potential for high levels of discarding. We used a range of data sources to estimate discard rates and discard quantities for the two main target groups of the RLF, the coral trout, Plectropomus spp, and the red throat emperor, Lethrinus miniatus, and investigated possible effects on discarding of recent changes in management of the fishery. Fleet-wide estimates of total annual quantities discarded from 1989 to 2003 were 292-622 t and 33-95 t for coral trout and red throat emperor, respectively. Hypothetical scenarios of high-grading after the introduction of a total allowable commercial catch for coral trout resulted in increases in discard quantities up to 3895 t, while no high-grading still meant 421 t were discarded. Increasing the minimum size limit of red throat emperor from 35 to 38 cm also increased discards to an estimated 103 t. We provide spatially and temporally explicit estimates of discarding for the two most important species in the GBR RLF of Australia to demonstrate the importance of accounting for regional variation in quantification of discarding. Effects of management changes on discarding are also highlighted. This study provides a template for exploring discarding levels for other species in the RLF and elsewhere.

Using catch rate data for simple cost-effective quota setting in the Australian spanner crab (Ranina ranina) fishery.

For many fisheries, there is a need to develop appropriate indicators, methodologies, and rules for sustainably harvesting marine resources. Complexities of scientific and financial factors often prevent addressing these, but new methodologies offer significant improvements on current and historical approaches. The Australian spanner crab fishery is used to demonstrate this. Between 1999 and 2006, an empirical management procedure using linear regression of fishery catch rates was used to set the annual total allowable catch (quota). A 6-year increasing trend in catch rates revealed shortcomings in the methodology, with a 68% increase in quota calculated for the 2007 fishing year. This large quota increase was prevented by management decision rules. A revised empirical management procedure was developed subsequently, and it achieved a better balance between responsiveness and stability. Simulations identified precautionary harvest and catch rate baselines to set quotas that ensured sustainable crab biomass and favourable performance for management and industry. The management procedure was simple to follow, cost-effective, robust to strong trends and changes in catch rates, and adaptable for use in many fisheries. Application of such “tried-and-tested” empirical systems will allow improved management of both data-limited and data-rich fisheries.

Gear selectivity of large-mesh nets and drumlines used to catch sharks in the Queensland Shark Control Program.

Catches of sharks and bycatch in large-mesh nets and baited drumlines used by the Queensland Shark Control Program were examined to determine the efficacy of both gear types and assess fishing strategies that minimise their impacts. There were few significant differences in the size of both sharks and bycatch in the two gear types, apart from significantly smaller (p < 0.05) tiger sharks Galeocerdo cuvier being taken on drumlines and smaller green turtles Chelonia mydas in nets. Catch per unit effort showed orders of magnitude differences among species, even within the same family. Hammerhead sharks and rays were particularly vulnerable to net capture, whereas higher catch rates of tiger sharks were observed for drumlines. Nets caught more marine mammals, teleost fish and rays, whereas drumlines exhibited higher catch rates of the threatened loggerhead turtle Caretta caretta. Survival of most taxa (particularly obligate ram ventilators) was lower in nets than drumlines. Bycatch species (turtles and marine mammals) were able to swim to the surface to breathe when they were hooked on drumlines, enhancing their survival potential. Fishing strategies that recognise the different selectivity patterns of the gear can be developed to suit local biotic and abiotic conditions, although it is recognised that quantification of both ecological risk and risk to bathers is not a simple task.

Fishing power and standardised catch rates: Implications of missing vessel-characteristic data from the Australian eastern king prawn fishery

Standardised time series of fishery catch rates require collations of fishing power data on vessel characteristics. Linear mixed models were used to quantify fishing power trends and study the effect of missing data encountered when relying on commercial logbooks. For this, Australian eastern king prawn (Melicertus plebejus) harvests were analysed with historical (from vessel surveys) and current (from commercial logbooks) vessel data. Between 1989 and 2010, fishing power increased up to 76%. To date, both forward-filling and, alternatively, omitting records with missing vessel information from commercial logbooks produce broadly similar fishing power increases and standardised catch rates, due to the strong influence of years with complete vessel data (16 out of 23 years of data). However, if gaps in vessel information had not originated randomly and skippers from the most efficient vessels were the most diligent at filling in logbooks, considerable errors would be introduced. Also, the buffering effect of complete years would be short lived as years with missing data accumulate. Given ongoing changes in fleet profile with high-catching vessels fishing proportionately more of the fleet’s effort, compliance with logbook completion, or alternatively ongoing vessel gear surveys, is required for generating accurate estimates of fishing power and standardised catch rates.

Linking spatial stock dynamics and economics: Evaluation of indicators and fishery management for the travelling eastern king prawn (Melicertus plebejus)

Reduced economic circumstances have moved management goals towards higher profit, rather than maximum sustainable yields in several Australian fisheries. The eastern king prawn is one such fishery, for which we have developed new methodology for stock dynamics, calculation of model-based and data-based reference points and management strategy evaluation. The fishery is notable for the northward movement of prawns in eastern Australian waters, from the State jurisdiction of New South Wales to that of Queensland, as they grow to spawning size, so that vessels fishing in the northern deeper waters harvest more large prawns. Bio-economic fishing data were standardized for calibrating a length-structured spatial operating model. Model simulations identified that reduced boat numbers and fishing effort could improve profitability while retaining viable fishing in each jurisdiction. Simulations also identified catch-rate levels that were effective for monitoring in simple within-year effort-control rules. However, favourable performance of catch-rate indicators was achieved only when a meaningful upper limit was placed on total allowed fishing effort. The methods and findings will allow improved measures for monitoring fisheries and inform decision makers on the uncertainty and assumptions affecting economic indicators.

Abundance indices for long-lived tropical snappers: estimating standardized catch rates from spatially and temporally coarse logbook data

The Northern Demersal Scalefish Fishery has historically comprised a small fleet (≤10 vessels year−1) operating over a relatively large area off the northwest coast of Australia. This multispecies fishery primarily harvests two species of snapper: goldband snapper, Pristipomoides multidens and red emperor, Lutjanus sebae. A key input to age-structured assessments of these stocks has been the annual time-series of the catch rate. We used an approach that combined Generalized Linear Models, spatio-temporal imputation, and computer-intensive methods to standardize the fishery catch rates and report uncertainty in the indices. These analyses, which represent one of the first attempts to standardize fish trap catch rates, were also augmented to gain additional insights into the effects of targeting, historical effort creep, and spatio-temporal resolution of catch and effort data on trap fishery dynamics. Results from monthly reported catches (i.e. 1993 on) were compared with those reported daily from more recently (i.e. 2008 on) enhanced catch and effort logbooks. Model effects of catches of one species on the catch rates of another became more conspicuous when the daily data were analysed and produced estimates with greater precision. The rate of putative effort creep estimated for standardized catch rates was much lower than estimated for nominal catch rates. These results therefore demonstrate how important additional insights into fishery and fish population dynamics can be elucidated from such “pre-assessment” analyses.

A probability-based approach to setting annual catch levels.

The requirement of setting annual catch limits to prevent overfishing has been added to the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (MSRA). Because this requirement is new, a body of applied scientific practice for deriving annual catch limits and accompanying targets does not yet exist. This article demonstrates an approach to setting levels of catch that is intended to keep the probability of future overfishing at a preset low level. The proposed framework is based on stochastic projection with uncertainty in population dynamics. The framework extends common projection methodology by including uncertainty in the limit reference point and in management implementation, and by making explicit the risk of overfishing that managers consider acceptable. The approach is illustrated with application to gag (Mycteroperca microlepis), a grouper that inhabits the waters off the southeastern United States. Although devised to satisfy new legislation of the MSRA, the framework has potential application to any fishery where the management goal is to limit the risk of overfishing by controlling catch.

Bag and size limit analyses for red drum in Northern and Southern Regions of the U.S. Atlantic

Assessments of the Atlantic red drum for the northern (North Carolina and north) and southern (South Carolina through east coast of Florida) regions along the U. S. Atlantic coast were recently completed. The joint Red Drum Technical Committee (SAFMC/ASMFC) selected the most appropriate catch matrix (incorporating an assumption on size of recreationally-released fish), selectivity of age 3 relative to age 2, and virtual population analysis (FADAPT). Given gear- and age-specific estimates of fishing mortality (F) for the 1992-1998 period, analyses were made of potential gains in escapement through age 4 and static spawning potential ratio (SPR) from further reductions in fishing mortality due to changes in slot and bag limits. Savings from bag limits were calculated given a particular slot size for the recreational fishery, with no savings for the commercial fisheries in the northern region due to their being managed primarily through a quota. Relative changes in catch-at-age estimates were used to adjust age-specific F and hence calculated escapement through age 4 and static SPR. Adjustment was made with the recreational savings to account for release mortality (10%, as in the stock assessment). Alternate runs for the northern region commercial fishery considered 25% release mortality for lengths outside the slot (instead of 0% for the base run), and 0% vs. 10% gain or loss across legal sizes in F. These results are summarized for ranges of bag limits with increasing minimum size limit (for fixed maximum size), and with decreasing maximum size limit (for fixed minimum size limit). For the southern region, a bag limit of one-fish per angler trip would be required to attain the stated target of 40% static SPR if the current slot limit were not changed. However, for the northern region, a bag limit of one-fish per angler trip appears to be insufficient to attain the stated target of 40% static SPR while maintaining the current slot limit. (PDF contains 41 pages)

Fisheries management

These Guidelines have been produced to support the implementation of Article 7 of the Code of Conduct for Responsible Fisheries, with some reference to Article 12. They are addressed primarily to the decision-makers within fisheries management authorities and other interest groups, including fishing companies, fishers' organizations, concerned non-governmental organizations and others. The Guidelines provide a background to the need for fisheries management and an introduction to the activities encompassed by fisheries management. They introduce the major constraints experienced in fisheries and fisheries management and some of the fundamental concepts related to these. Biological, environmental, technological, socio-cultural and economic constraints and concepts are examined. Information is fundamental to responsible fisheries management and these Guidelines put emphasis on the range of data required for informed decisionmaking and examine aspects of the collection and interpretation of these data. Data are discussed in terms of three suggested scales in fisheries management: fisheries policy and development planning, formulation of management plans and implementation of management action. The range of possible management actions is outlined. This includes technical measures, such as gear restrictions, and more direct approaches in the form of direct catch limitation or effort limitation. The problems associated with open access fisheries are explained and comments made on the means to limit access and obstacles which may be encountered in this process. Finally, the Guidelines examine the management process. This section covers the process of agreeing on a management plan for a fishery, including the need for consultation and, where appropriate, cooperative decision-making. The need for periodic review of management plans is stressed. The importance of an effective legal framework, institutional and administrative structures and monitoring control and surveillance are described. (PDF contains 91 pages)

The California Red Sea Urchin, Strongylocentrotus franciscanus, Fishery: Catch, Effort, and Management Trends

California's red sea urchin, Strongylocentrotus franciscanus, catch peaked at 23,577 metric tons (t) in 1988. Since then, catches and CPUE have trended downward at different rates in northern and southern California, with 10,086 t landed statewide in 1995. West coast sea urchin catches and CPUE from British Columbia, Can., to Baja California, Mex., have generally declined during this period which followed a decade of rapid fishery expansion. This expansion was in response to increasing demand from Japan fueled by rising prices based largely on a more favorable export currency exchange rate. West coast stock assessment methods have been based on integrating a combination of fisheries dependent data and population surveys into models at various levels of complexity. California management policy has centered on technical measures such as size limits and seasonal closures and has been largely ineffective in stabilizing declining catches.

U.S. Fisheries Management and Foreign Trade Linkages: Policy Implications for Groundfish Fisheries in the North Pacific EEZ

The groundfish resources of the U.S. Exclusive Economic Zone (EEZ) off Alaska, dominated by Alaska or walleye pollock, Theragra chalcogramma, Pacific cod, Gadus macrocephalus, and flatfishes, Pleuronectidae, can sustain annual commercial harvests well in excess of 2 million metric tons (t). As recently as 1979, foreign fisheries took 99 percent of the annual harvest supported by these resources. This has changed dramatically during the 1980's. The foreign fisheries have received rapidly decreasing allocations, first as joint venture fisheries expanded and, more recently, as the domestic fisheries have grown. Joint venture fisheries are fisheries in which domestic fishing vessels deliver their catch directly to foreign processing vessels in the EEZ. By 1986, the joint venture and domestic fisheries accounted for 66 percent and 8 percent, respectively, of the annual harvest. The preliminary corresponding figures for 1987 are 78 and 18 percent.