Document ID: chunk:federal_register_of_legislation:F2024L00930:reg:2:p23
Version: federal_register_of_legislation:F2024L00930
Segment Type: reg
Provision Reference: reg 2 (pt 23/48)
Character Range: 124325–127299

Coast Rock Lobster Managed Fishery Code of Practice for Reducing Whale Entanglements in association with government and non-government agencies to reduce interactions with whales. Similarly, a Code of Practice Southern Rocklobster Responsible fishing guidelines for operators in Victoria was developed in Victoria and a Code of Practice for the NSW Lobster Fishery was established in NSW. Gear modifications have been shown to effectively reduce the threat of entanglement in fishing gear. For example, in the WA rock lobster fishery the elimination of surface rope through shortened rope lengths and reduced float numbers reduced entanglement by at least 25 percent, with a median reduction of 64 percent (How et al. 2021). There is substantial focus and effort being undertaken in evaluating and implementing ropeless fishing gear to reduce the risk of entanglement to whales and minimise gear loss (Myers et al. 2019), with trials of ropeless technology underway in several States (i.e. NSW, VIC, WA).

Figure 7 A southern right whale off western Victoria in 2021 with rope entangled around the tail stock.
© Ian Westhorpe.

   3.2.2     Marine debris
Pollution of the marine environment by solid waste termed "marine debris" is a growing global challenge that has concerns to the welfare of all marine wildlife, including charismatic megafauna such as whales (Roman et al. 2021). The United Nations Environment Program define marine debris (or marine litter) as any persistent, manufactured or processed solid material discarded, disposed of, or abandoned in the marine and coastal environment (Macfadyen et al. 2009). Marine debris may cause injury or death through drowning, injury through entanglement and internal injuries, or starvation following ingestion. Marine debris that causes injury and fatality through entanglement and ingestion was recognised in 2003 as a key threatening process for marine vertebrates under the EPBC Act. In response, the Threat Abatement Plan for the impacts of marine debris on the vertebrate wildlife of Australia's coasts and oceans 2018  (Marine Debris TAP) was developed. Marine debris, as defined under the Marine Debris TAP, consists of:
       * land-sourced garbage,
       * fishing gear from recreational and commercial fishing abandoned or lost to the sea, and
       * vessel-sourced, solid, non-biodegradable floating materials disposed of or lost at sea.
Entanglement of whales in derelict fishing gear that has been abandoned, lost or discarded from commercial or recreational fisheries can pose a risk to cetaceans and other protected marine species, such as marine turtle, dugong and sawfish (Kiessling 2003). In the case of whales, it can be difficult to determine the proportion of entanglements caused by active versus discarded fishing gear because they can potentially interact and displace active fishing gear that may not be recorded using standard bycatch methods (Macfadyen et al. 2009, Tulloch et al. 2020).