Western Australian Fishing Companies Launch Supreme Court Challenge Against State Ban

Western Australian Fishing Companies Launch Supreme Court Challenge Against State Ban

Key Takeaways

  • The Western Australian government has introduced new demersal fishing restrictions, including a permanent ban on commercial fishing of demersal species in the West Coast zone and a ban on demersal trawling in the Pilbara.
  • Trawling companies Sea Harvest and Westmore Seafoods have launched legal action against the government’s reforms, arguing that the decisions are not evidence-based and will devastate regional jobs and local food supply.
  • A new group, Fish For All, has launched a campaign to persuade the government to pause the legislation and conduct an independent statewide biomass survey to assess the health of demersal fish stocks.
  • The government’s reforms are aimed at protecting demersal fish stocks, which are at risk due to overfishing, and include a $29.2 million Fisheries Support Package to assist the commercial and recreational sectors adapt to the changes.

Introduction to Demersal Fishing Restrictions

The Western Australian government has introduced a suite of reforms to commercial and recreational fishing of demersal species in an effort to recover the state’s at-risk fish stocks. 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 measures include a permanent ban for commercial fishing of demersal species in the state’s West Coast zone, which stretches from Kalbarri to Augusta, with 50 per cent catch reductions to be implemented in most other fisheries. The government’s reforms have been met with opposition from trawling companies, who argue that the decisions are not evidence-based and will have significant economic and social impacts.

Opposition to Demersal Fishing Restrictions

The legal action against the government’s reforms was launched by Sea Harvest Pty Ltd and Westmore Seafoods, two companies involved in trawling in the Pilbara, where about 40 per cent of all demersal fish in the state are caught. The companies argue that the government’s decision to ban demersal trawling is "unexpected" and will have significant impacts on regional jobs, local food supply, and long-standing commercial investment. Sea Harvest Australia chief executive Danie du Toit stated that the decision "effectively means that a legitimate and approved foreign direct investment has been expropriated without consultation or compensation, which raises some serious concerns regarding sovereign risk, protection of property rights and Australia as an investment destination for global companies."

Trawling and its Impact on Marine Ecosystems

Trawling is a commercial fishing method where a large net is dragged along the sea floor to catch fish. The practice has been criticized for its impact on marine ecosystems, with concerns raised about the death of various marine life, including dolphins and critically endangered sawfish species. Fisheries Minister Jackie Jarvis has said that she believes most West Australians would agree that trawling is no longer acceptable. However, WA Fishing Industry Council chief executive Melissa Haslam has argued that trawling in WA is already operating under strict conditions and that the practice is not as destructive as it is often portrayed.

Legal Action and Government Response

The legal action launched by Sea Harvest and Westmore Seafoods is set to be heard in the WA Supreme Court. The companies argue that the government’s reforms are not evidence-based and that the decision to ban demersal trawling was made without consultation or consideration of the impacts on the industry. The government has stated that it cannot comment on the matter, which is before the courts, but has provided further information on the fishing reforms, saying that they were announced following the latest stock assessment, which revealed demersal fish species like dhufish and snapper were at risk and severely over-fished in some parts of WA.

Fish For All Campaign

A new group, Fish For All, has launched a campaign to persuade the government to pause the legislation and conduct an independent statewide biomass survey to assess the health of demersal fish stocks. Fish For All chair and seafood store owner, Phil Clark, argues that the data the government is relying on is outdated and that an independent scientific body needs to conduct new studies to ensure that the data is accurate. Phil De Grauw, a commercial fisherman, has questioned the government’s blanket ban approach, stating that while there are concerns about the population of dhufish, the decision should not have been made without considering the impacts on the industry and the community.

Conclusion

The introduction of new demersal fishing restrictions in Western Australia has sparked opposition from trawling companies and the fishing industry. While the government’s reforms are aimed at protecting demersal fish stocks, the industry argues that the decisions are not evidence-based and will have significant economic and social impacts. The legal action launched by Sea Harvest and Westmore Seafoods is set to be heard in the WA Supreme Court, and the Fish For All campaign is calling for an independent statewide biomass survey to assess the health of demersal fish stocks. The outcome of these efforts will have significant implications for the future of the fishing industry in Western Australia.

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