Trawling companies in WA’s north have launched legal action in the Supreme Court to fight the state’s new demersal fishing restrictions, introduced last month to try to reverse the decline of at-risk fish stocks.
The companies claim the government’s decision is “not reasonably proportionate” or “appropriate” to the goal of achieving sustainable fisheries, and that the move “lacks rationale” and should therefore be void.
The suite of reforms to protect demersal species include a permanent ban for commercial fishing of demersal species in the state’s West Coast zone, which stretches from Kalbarri to Augusta, and 50 per cent catch reductions in most other fisheries.
The measures are aimed at protecting demersal fish stocks like pink snapper. (ABC Midwest & Wheatbelt: Joanna Prendergast)
There is also a permanent ban on demersal trawling in the Pilbara, the only zone in WA where the practice takes place.
Demersal fish, also known as ground fish, live and feed on or near the bottom of the ocean and include popular species like dhufish, pink snapper and red emperor.
The legal action against the government’s reforms was launched by Sea Harvest Pty Ltd, an Australian subsidiary of South African global fishing and food company, Sea Harvest Group, alongside West Australian seafood company, Seafresh Holdings Pty Ltd.
Westmore Seafoods is one of two trawling companies that has launched legal action against the WA government. (ABC News: Briana Shepherd)
In a statement, the two companies said the legal action was “not about resisting sustainability measures but about ensuring fisheries management decisions are evidence-based, consultative and proportionate, and do not casually devastate regional jobs, local food supply and long-standing commercial investment”.
“Banning a fishing method that’s globally recognised and certified as most efficient and sustainable in the context of food security considerations simply makes no sense,” the statement said.
Sea Harvest conducts trawling for demersal fish in WA’s Pilbara region. (ABC News: Briana Shepherd)
Trawling ‘no longer acceptable’
Trawling is a commercial fishing method where a large net is dragged along the sea floor to catch fish.
The practice was thrust into the spotlight in David Attenborough’s documentary, Ocean, in which the naturalist rails against the large-scale destructive impact of bottom trawling on marine ecosystems.
Marine life like dolphins can die as a result of trawling. (AAP: WA Department of Environment and Conservation)
When making the announcement about the reforms, Fisheries Minister Jackie Jarvis said she believed most West Australians would agree trawling was no longer acceptable.
“Trawling for demersals also results in the death of various marine life including a number of dolphins each year, as well as the critically endangered sawfish species,” Ms Jarvis said at the time.
Shock demersal fishing ban impact
WA Fishing Industry Council chief executive Melissa Haslam has said repeatedly that trawling in WA is already operating under strict conditions.
Ms Haslam also took offence at the way it was portrayed in Attenborough’s documentary, arguing it overlooked the strict regulations and sustainable practices of Australia’s trawl fisheries.
“I will guarantee you that footage was not taken in Australia or any other world-leading country that has highly regulated fishing practices,” she said earlier this year.
Legal action last resort
The demersal trawling ban is set to take effect on January 1 — and while restrictions had been looming for some time, many in the industry said the extent of the government’s bans were unexpected and there had been no consultation.
Critics claim the restrictions will drive up the price of demersal fish such as red emperor. (ABC News: Mark Leonardi)
A spokesperson for the state government said it could not comment on the matter that was before the courts, but said there had been “extensive consultation with industry and the community”, and the reforms included a $29 million support package.
Strict fishing bans for Perth, WA beginning this month
In the case’s first hearing in the WA Supreme Court today, a lawyer representing the companies said they accept there would be a “very high bar” to substantiate the claims.
The case has been adjourned until April 1.
Fish For All launches campaign
Meanwhile, a new group Fish For All, has launched a campaign in the hopes of persuading the government to pause the legislation to allow for an independent statewide biomass survey to take place.
Fish For All chair and seafood store owner, Phil Clark, said catch restrictions in place for about three years had already led to a recovery of some demersal species.
Phil Clark wants the WA government to pause demersal fishing legislation so an independent stock assessment can be done. (ABC News: Briana Shepherd)
Kalbarri fisherman Phil De Grauw said pink snapper stocks had been at a record high for three years, despite the mandated reductions in catches over that same time period.
Phil de Grauw has questioned the government’s blanket ban approach. (ABC News: Briana Shepherd)
“We agree totally that there’s a massive problem with the population of dhufish and it needs immediate action. It should have been done a long time ago.
“But unfortunately the decision [by the government] is more of a blanket approach.”
Loading