Document ID: chunk:federal_register_of_legislation:F2022L01285:reg:3:p15
Version: federal_register_of_legislation:F2022L01285
Segment Type: reg
Provision Reference: reg 3 (pt 15/26)
Character Range: 110533–113552

Heard Island and McDonald Islands only a few seabird deaths were recorded (Lawton et al. 2007). There is considerable trawl fishing elsewhere within Australian waters with vessels targeting a range of deep-water crustacean and finfish species. Much of this fishing effort occurs within areas frequented by albatrosses and petrels, including areas near important breeding colonies around Tasmania (Sagar et al. 2000). Because of high levels of cryptic seabird mortality in trawl fisheries, independent observers have been specifically tasked with quantifying seabird interactions (Baker et al. 2002, Sullivan et al. 2006a).
Since these investigations identified significant levels of albatross and petrel bycatch, the Australian Fisheries Management Authority now requires all vessels to develop an appropriate seabird management plan to manage risk factors, such as offal discharges, and to employ appropriate mitigation measures, to help reduce bird interactions with trawl warp wires (AFMA 2022b).
Studies to determine the effectiveness of seabird mitigation measures in trawl fisheries are not as advanced as in longline fisheries (FAO 2009, ACAP 2021b). Not discharging offal and limiting factory discharge to 'dirty water' when the trawl gear is in the water reduces interactions between seabirds and gear as less birds are attracted to the vessel (Sullivan et al 2006a ACAP 2021b). Various devices have been developed to reduce warp and net sonde cable strikes (for example, Løkkeborg 2011). Bird scaring lines can also be effective (Sullivan et al. 2006a, Melvin et al. 2011). A combination of mitigation measures is recommended to reduce seabird mortality (Bull 2007, ACAP 2021b). Innovation in seabird bycatch mitigation in trawl fisheries is ongoing (for example, Koopman et al. 2018), however, further studies are required to identify and determine the efficacy of new mitigation technologies and techniques.
Gillnet fishing operations
Globally, gillnet or driftnet fisheries have a significantly higher bycatch rate for seabirds, marine mammals and sea turtles than longline and trawl fisheries (Lewison et al. 2014). Due to the excessive levels of bycatch (approximately 500,000 seabirds per year in the North Pacific alone) (Eisenbud 1985), the UN General Assembly called for a global moratorium on pelagic driftnetting in 1991 (Resolution 44/225), with many nations, including Australia, implementing legislation to ban large-scale driftnetting. Some illegal setting of driftnets still occurs, mainly in the northern hemisphere (Žydelis et al. 2013). Small-scale gillnet fisheries still operate in many EEZs and harm bird populations. In the Baltic and North seas alone, they may kill up to 200,000 waterbirds per year (Žydelis et al. 2009).
Demersal gillnets that touch the sea floor are the only type of gillnet permitted in Commonwealth fisheries (AFMA 2022a). These nets are usually set in waters less than 100 metres deep, and are used by commercial operators and recreational fishers. Although most