A MASSIVE thank you to all who made submissions to the Victorian Fisheries Authority (VFA) in support of our successful #RaysAwareness campaign for better outcomes for the rays of Victoria! We are grateful for the thorough and proactive leadership that Minister Jaala Pulford and the VFA have shown in addressing this important issue and hope that other Australian states and countries beyond will follow with similar regulatory reforms for better practice regarding the treatment of rays. Based on the approx 1200 submissions received, here's the feedback that VFA have kindly provided on the concerns arising from those submissions (copied directly and fully from 3 page response from VFA): _________________________________________________________ Responses to key issues raised in submissions received on the draft Fisheries (Ray Protection) Notice 2017 The proposed Fisheries (Ray Protection) Notice 2017 was released on 19 June for an eight week consultation period. The purpose of the notice is to ensure that Victoria’s fishing rules for rays, skates and guitarfish are balanced, respectful and socially acceptable. There was substantial public interest in the draft Notice. Submissions were received from almost 1200 different individuals and organisations. The total number of submissions was significantly higher, as some individuals sent more than one submission. Submissions came from a diverse cross section of the community; including Mornington Peninsula residents, around Victoria, other States and – a smaller number - internationally. Seven of the submissions were from organisations. These submissions are publicly available at www.vfa.vic.gov.au. The remaining submissions from individuals were almost all sent by email, often in response to calls posted on third party social media sites. As these respondents have not provided express permission, the individual submissions have not been made publicly available. Overall, the submissions showed substantial community support for increasing protection of rays, skates and guitarfish in Victorian waters. Less than 1% of submissions opposed increasing protection in some way. The key issues raised in submissions have been grouped into 9 themes. A response to each of these themes is provided below. 1. Concern about cruelty to rays, skates and/or guitarfish. A number of respondents simply expressed their concern about inhumane treatment of rays and banjo sharks at some fishing piers, and asked for this cruelty to be stopped. The VFA shares the community’s concerns about the need for Victorians to respect and treat rays, banjo sharks and all other fish humanely. Fisheries regulations already require fishers to return any unwanted catch to the water with least possible injury or damage1. While the overwhelming majority of Victorian fishers do the right thing, the new Notice will be implemented upon a foundation of greater education and enforcement. A Fisheries Operation will commence alongside the Notice and will include improved educational material on responsible handling of unwanted fish (e.g. brochures, signs). This will be followed by an enforcement campaign and education work by Fishcare. 1 Under regulation 101 of the Fisheries Regulations 2009, a person who takes a fish that is not of a noxious aquatic species, and that is not required to be retained by the person, must immediately return that fish to the water with the least possible injury or damage. The new Notice will also include a requirement that rays, skates and guitarfish may only be possessed in whole or carcass form, which will help to address ray flap cutting or finning and carcass dumping. 2. Proposal for a total ban on the take of rays, skates and guitarfish in Port Phillip Bay or across Victorian waters. The VFA notes the support of many respondents for a total ban on take. Many of these submitters reflected Project Banjo’s campaign response, which was publicised through an online petition and sample letter. This proposal for a total ban is not supported by the VFA and was therefore not included in the draft Notice. Rays, skates and guitarfish are valued ecologically and socially by the Victorian community for a range of reasons - including for targeting and eating by a small proportion of recreational fishers. After considering all submissions, the VFA’s view is that the measures in the Fisheries Notice – alongside existing fisheries regulations - achieve a balanced, respectful and socially acceptable approach to recreational take of these fish across Victorian waters. The VFA is not aware of any evidence of stock sustainability concerns for rays, skates or guitarfish at this time that would warrant a total ban for stock recovery purposes. 3. Concern about stock sustainability. Some respondents misunderstood the purpose of the Notice, and proposed that a total ban on take – or other management measures – were required to rebuild stocks. The intent of these changes to fishing rules is to ensure a balanced, respectful and socially acceptable approach to recreational take of rays, skates and guitarfish across Victorian waters. The VFA is not aware of any evidence of stock sustainability concerns for rays, skates and guitarfish in Victorian waters. 4. Proposing alternative size or bag limits. Aside from the submissions advocating for a total ban on take, a large proportion of submissions supported the draft Notice. A small number of respondents also provided specific alternative proposals, including a reduction in the maximum size limit for rays, or changes to the proposed bag limit (other than a total ban). VFA considered these proposals, but did not consider that there was sufficient basis to amend the size and bag limits that were proposed in the draft Notice for public consultation. The twelve monthly review period for Fisheries Notices provides an opportunity for future review of these limits, if appropriate. 5. Importance of a balanced approach that acknowledges the ecosystem and social value of rays in their natural environment Many respondents emphasised the contribution that these species make to the ecosystem, and the enjoyment that rays and banjo sharks provide to snorkelers, divers, tourists and other visitors to Victoria’s piers and jetties. The potential for rays to support future ecotourism was also raised. Other respondents advised that a small proportion of recreational fishers do target small numbers of rays to catch and eat. This was documented in a survey of ~400 recreational fishers conducted by VRFish. Some fishers, including children, also enjoy catch and release fishing for rays and banjo sharks. The VFA supports a balanced approach to management of these species that takes into account all of these environmental, social and economic values. This is the basis of the measures that will be implemented new Fisheries Notice. 6. Concern about impact on recreational fishing, including catch and release fishers and land-based fishers. Some recreational fishers were concerned that the measures in the Notice will prevent fishers without access to boats from catching rays, skates and guitarfish. This is due to the prohibition on recreational take within 400m of piers, jetties, wharves and breakwaters. The VFA acknowledges that the Notice will impact on a small number of recreational fishers that catch and retain rays from these land-based structures. However, these structures are also the main locations where snorkelers, divers, tourists and locals interact with rays, including the iconic smooth stingrays that frequent many of our piers and jetties. The intent of the Notice is to balance the range of values for which rays are enjoyed across the Victorian community, and ensure that our fishing rules are socially acceptable. Rays, skates and guitarfish less than 1.5m wide will remain accessible to recreational fishers across the majority of Victorian waters, with a daily bag limit of one. The existing fisheries regulation requiring fishers to return any unwanted catch to the water with least possible injury or damage 1 will also continue to apply. Some recreational fishers were also concerned that the Notice would prevent catch and release fishing for rays and banjo sharks off piers and jetties. This is not the case as long as the rays, skates or guitarfish are not being targeted2. 7. Importance of education, enforcement and suitable penalties. VFA agrees with respondents on the importance of education and enforcement to encourage responsible fishing behaviour for rays, and compliance with existing and new fishing rules. The Notice will be implemented upon a foundation of increased education and enforcement. A Fisheries Operation will be implemented that will focus on educating fishers about the new fishing rules, and about responsible treatment of unwanted fish – including signs and brochures. This will be followed by an enforcement campaign and education work by Fishcare. 2 Under section 11(4) of the Fisheries Act 1995 , a person does not commit an offence by unintentionally taking or possessing a fish if the fish is not killed or put into any container, and if all reasonable steps are immediately taken to return the fish to its natural habitat with the least possible injury or damage. 8. Concern that the Notice does not address the mistreatment of rays and banjo sharks that has caused recent community concern Several respondents were of the view that the recent mistreatment of rays and banjo sharks is best addressed by increasing education and enforcement of existing fisheries regulations1, and raising awareness of proper handling and release behaviours. The VFA agrees with comments about the importance of education and enforcement to encourage responsible fishing behaviour and compliance with existing fishing rules (see above). We welcome the commitments of key recreational fishing groups, including VRFish and Fishcare, to support future education campaigns. VFA’s view is that the Fisheries Notice is an appropriate response to the recent, broader discussions within the community – alongside these existing regulations – to ensure the continued social acceptability of our fishing rules for rays, skates and guitarfish in Victorian waters. 9. Concern about the use of Fisheries Notice rather than regulations. The use of a Fisheries Notice to implement these changes to fishing rules was considered unsuitable by many respondents, including Project Banjo. This appeared to be largely due to concerns about the Notice’s 12 month renewable lifespan. Conversely, some other respondents saw benefits in reviewing the effectiveness of the new fishing rules over time. A Fisheries Notice is a powerful tool that enables the VFA to make appropriate changes to fishing rules, in a timely manner, that can override any regulation, management plan, Ministerial Direction, licence or permit. While Fisheries Notices do have a 12 month lifespan, they are frequently reviewed and then reissued. The VFA intends to review the Fisheries (Ray Protection) Notice 2017 in the next 12 months, including possible inclusion of a regulatory amendment as part of the sun setting of the Fisheries Regulations 2009.