Report – Legislative Council, Government Administrative Committee ‘A’, 24 May 2022
Report on Finfish Farming in Tasmania
EXECUTIVE SUMMARY
An Executive Summary is presented here in consideration of the substantial length of this report. Key matters from each Term of Reference are mentioned briefly in this Summary and readers are encouraged to go to the full content of the report for a comprehensive presentation of all matters considered and evidence relating to all findings and recommendations.
Term of Reference
1 1. The implementation of the Sustainable Industry Growth Plan for the Salmon Industry and its impact on commercial finfish farming operations and local communities, including:
a) data collection and publication;
b) progress in the development of an industry wide biosecurity plan;
• In relation to the Salmon Industry Growth Plan, released in 2017, questions were raised over the lack of comprehensive consultation, especially with non-industry stakeholders, and the lack of a transparent evidence base for the areas identified for industry expansion and growth target of $2 billion.
• The Sub-Committee recommends a revised Salmon Industry Growth Plan and growth target be developed as part of an overarching Marine Plan for Tasmania, through a marine spatial planning process and comprehensive stakeholder consultation.
• Until a revised Salmon Industry Growth Plan is finalised, the Sub-Committee recommends no further expansion of the Tasmanian fin fish farming industry.
• It is recommended that a plan is also developed, in consultation with industry, scientific and community stakeholders, to reduce inshore fin fish farming sites, with priority given to ceasing operations in sensitive, sheltered and biodiverse areas.
• The independence, credibility and public release of data and information relating to the Industry is important to deliver transparency and accountability, and improve public confidence in the industry and its effective regulation.
• Improving and expanding the scope of the online data portal is recommended to present Industry-related data and information to a degree that meets or exceeds better practice in other jurisdictions.
• Biosecurity is fundamental to the success of the Industry in Tasmania. The development of an industry-wide Biosecurity Plan is yet to be finalised, however industry operators have been proactive in introducing biosecurity measures on a voluntary basis.
• The Sub-Committee recommends expansion of the Industry be postponed until the Biosecurity Plan has been completed and the regulations to give it effect are implemented and applied to all existing leases.
Term of Reference 2
2. Application of the Marine Farming Planning Act 1995 relating to:
a) preparation and approval process for marine farming development plans, including modifications and amendments to marine farming development plans;
b) allocation of leases, applications for and granting of leases;
c) management of finfish farming operations with respect to the prevention of environmental harm;
• The Sub-Committee considers it timely to review the Marine Farming Planning Act 1995 as the legislative basis for the regulation of the Industry, noting particular concerns with the current Act in regards to decision-making accountability, opportunity for community input, transparency and publication of information, access to appeal rights and recognition of social, recreational, cultural and natural values.
• Concerns were raised relating to a perceived lack of independence in the EPA, a lack of transparency in relation to Water Quality Objectives and inadequate resourcing of the EPA.
• Increasing the independence of the EPA as a statutory body is recommended, and an increase in resourcing is required to enable it to undertake comprehensive monitoring, investigation, enforcement and reporting activities relevant to the Industry.
• Issues were raised relating to the allocation of leases, opportunities for a tender process, the length of lease periods, the reassessment or review of leases and the intersection of lease periods with the mandated 10-year reviews of Marine Farming Development Plans.
• There is an opportunity to legislate lease allocation processes to be government-led rather than proponent-led and include a transparent tender process by which to gain greatest benefit for the Tasmanian community.
• Concerns were raised relating to the current process granting Environmental Licences, including a lack of opportunity for public involvement or appeal and a lack of transparent criteria for decision-making.
• The Sub-Committee recommends environmental licence conditions for all existing fin fish farms be reviewed and include defined limits of total biomass, dissolved nitrogen and other key nutrients. Similarly, any new environmental licences should include the same.
• The Sub-Committee notes that while the Industry has grown significantly, there are concerns that returns to the State Government and Tasmanian community are insufficient, relative to social and environmental impact, and some jurisdictions set fees and levies to provide a comparatively greater return.
• To ensure appropriate returns to the Tasmanian community, the Sub-Committee recommends an independent review of fees and levies for the Industry. Consideration should also be given to applying environmental bonds to ensure sufficient funds for any remedial work.
• Concerns regarding environmental harm were identified, including visual amenity, noise, light, marine debris, ecosystem and habitat modification, impacts on wildlife, nutrient loading, water quality and cumulative environmental impacts.
• The Sub-Committee notes the Industry regards measures taken to minimise environmental harm are highly regulated through federal and state legislation, supported by industry policies and practises, and validated by third party accreditation.
• Public confidence in prevention of industry environmental harm would be strengthened through improved public reporting of compliance and actions taken on non-compliance. The Sub-Committee recommends the online data portal provide improved public reporting of the environmental management of Industry activities.
• The Sub-Committee notes penalties for breach of environmental regulations are set at lower levels than in some jurisdictions. A review of penalties and scope of liability in regulation is recommended to reflect the potential serious environmental consequences and strengthen the deterrent effect.
• The Sub-Committee notes the EPA is developing an Environmental Standard to provide a consistent, more rigorous and comprehensive approach to environmental management of the Industry. Once implemented, the Standard should provide greater public confidence in the environmental management and accountability of the Industry.
• Concerns were raised that the current monitoring and reporting framework is not sufficient to support an effective adaptive management approach in regulation of the Industry. Public confidence in an adaptive management approach would be increased with independent collection and greater transparency of data.
• Clarification is required in the Marine Farming Planning Act 1995 on the appropriate application of both the precautionary and adaptive management approaches.
• A framework for an adaptive management approach could be legislated and implemented, including a requirement for validated models, performance monitoring, clear triggers for management, regular review and transparent reporting.
Term of Reference 3
3. Any other matter incidental thereto.
• Appreciation was expressed for benefits to local communities provided by the Industry, including employment, economic activity and support to local clubs/associations/schools. Further evidence raised concerns the Industry ‘purchases’ social licence through contributions made locally.
• Competing claims were made regarding the economic value and employment contribution made by the Industry. The Sub-Committee considers it would be valuable to clarify through an independent assessment both local and state-wide economic benefits provided.
• The issue of marine debris was a matter of significant concern, including safety risks, environmental impact and potential for debris to increase with rapid expansion of the industry.
• It is acknowledged that not all marine debris is produced by fin fish farming operations, and that extreme weather and high energy offshore sites present an ongoing challenge.
• While the Zero Tolerance approach to marine debris in the Salmon Industry Growth Plan has not been comprehensively implemented, an Industry voluntary code was put in place, including the development of a marine debris hotline and Debris Tracker app.
• It is recommended an Industry marine debris policy be developed, implemented, monitored, enforced and reported on publicly. It is timely to review penalties associated with Industry marine debris.
• Seal management, including the use of deterrent devices, was raised as a matter of ongoing concern. The practice of seal relocation has been phased out since 2017, however the Seal Management Framework allows for special permits to capture, hold and relocate seals in certain circumstances.
• The Sub-Committee recommends there be a review of the Seal Management Framework, including the efficacy and safety of all seal management devices, and require transparent public reporting of seal deterrent usage and special permits granted in relation to seals.
• Noise and light generated by the Industry has caused significant distress and has a negative impact on the health and well-being of some community members. The SubCommittee recommends a central point of contact for information, complaints, and feedback in relation to noise and light.
• While decibel levels may be set in regulation, the impact of noise can also be related to tone, frequency, regularity and time of occurrence which are not regulated. Matters relating to noise could be codified in the Environmental Standard.
• In response to noise complaints, the EPA stated it does little monitoring of Industry generated noise. The Sub-Committee recommends an increase in funding for the EPA to effectively monitor and enforce site-specific regulated limits.
• Other matters under Term of Reference 3 included research and development; antibiotic use; heavy metal contamination; fish escapes; jellyfish blooms; and impacts on Tasmania’s clean green image, tourism and brand, native fish, birds and the abalone industry.
Read the full report here: https://www.parliament.tas.gov.au/ctee/Council/Reports/inq.finfish.rep.20220519.FINALREPORT.jm.001.pdf.
Media release – The Tasmanian Independent Science Council, 24 May 2022
Instigators of the Fin Fish Farming Inquiry Celebrate Final Report
Key points:
- Dr Lisa Gershwin and Christine Coughanowr, both members of the Tasmanian Independent Science Council, were scientists who instigated the Fin Fish Farming Tasmania Inquiry. Their request to Parliament was based on scientific evidence and community concerns about the degradation of Tasmania’s coastal waters as a result of fin fish farming.
- The Legislative Council Committee has released its Final Report on the Inquiry. It recommends:
- Develop a revised Sustainable Industry Growth Plan for the Salmon Industry as part of a marine plan for Tasmania, to be designed through a marine spatial planning process. Until this is complete, the industry should not expand.
- A plan should be developed to reduce inshore fin fish farming sites.
- Environmental licence conditions for all existing and new fin fish farms should be reviewed and include defined limits of total biomass, dissolved nitrogen and other key nutrients.
- An independent review of the fees, levies and penalties for the industry should be conducted.
- An independent review of the impacts of fin fish operations on inland waterways should be conducted, and state-wide Water Quality Objectives developed.
“I commend the Legislative Council Committee on the release of the Final Report and its recommendations”, Dr Lisa Gershwin, a biologist who is one of the world’s foremost authorities on jellyfish, said.
“This Report gives our native species and Tasmanian communities affected by fin fish farming a voice.
“Given the overwhelming scientific data and community concern on fin fish farming, this Report is appropriate and responsible. If the Tasmanian Government implements these recommendations, we will be on track to managing our marine resources sustainably.
“I’ve collected evidence of the problem of jellyfish blooms worsening progressively over the last twenty-five years. These blooms are extremely costly for the industry and devastating for native species who live in the ocean. This appears to be a case of the Tasmanian salmon industry suffering from its own success.”
Media release – The Australia Institute, 24 May 2022
Salmon Inquiry Report: Comprehensive Marine Plan Now
The long-awaited Legislative Council Fin Fish Farming in Tasmania Inquiry report tabled in Parliament today, highlights the many problems faced by the industry.
The Australia Institute Tasmania commends the Committee’s call for an overarching Marine Plan for Tasmania through a comprehensive stakeholder consultation, informed by assessment of environmental, social and recreational values, with a transparent evidence base.
The Institute further commends the Committee’s call for an independent examination of fee and levy structures for fin fish farming, calling for appropriate returns to the Tasmanian community for use of their coastal waters.
Key points:
- A revised Salmon Industry Growth Plan to be developed as one aspect of an overarching Marine Plan for Tasmania.
- Processes that engage and accept input from the community, build relationships with stakeholders and transparently apply science and evidence.
- A reduction in inshore fin fish farming and stopping operations altogether in sensitive, sheltered and biodiverse areas.
- No further expansion of the fin fish farming industry in the form of new farming areas or increased stocking limits until the revised Salmon Industry Growth Plan is finalised.
- To ensure appropriate returns to the Tasmanian community, commission an independent review of fee and levy structures for fin fish farming, including:
- lease value and its reassessment over time;
- setting of lease fees;
- rates of levies required to fully fund regulatory monitoring, compliance and
- enforcement activities; and
- local government rates, as relevant to the industry.
“This report ought to serve as a how-to guide on the way Tasmania needs to manage the salmon industry,” said Eloise Carr, Director the Australia Institute Tasmania.
“It is clear a comprehensive marine plan is necessary for the healthy management of Tasmania’s oceans, rather than the siloed approach taken to managing this industry to date.
“This report reflects the many concerns raised through this fish farm inquiry. Now it is up to the Tasmanian Government to implement these recommendations.
“Tasmanians have a longstanding connection to our oceans. The approach being proposed in this report incorporates multiple ocean uses and users, who have been ignored by the salmon industry to date.
“Australia Institute research shows overwhelming community concern for the health of Tasmania’s coastal waters. It is clear Tasmania’s current ocean management practices are failing to protect the environment, our island culture, and the ocean economy for the long-term.
“Tasmania’s coastal waters are globally significant, but are suffering from wide ranging pressure from climate change, fishing, and pollution, including from fish farms.
“The conclusion to be drawn from this report is that the fast tracking of the salmon industry needs to end. Short-term thinking and vested interests are wrecking our waterways, and it is all Tasmanians who are paying the price.
“Tasmanian salmon companies have gone through a period of growth that has not led to commensurate growth in returns to the State Government or the community. Meanwhile communities bear the environmental costs of the industry.”
Media release – Rosalie Woodruff MP, Environment and Biodiversity spokesperson, 24 May 2022
Fin Fish Farming Report Confirms Worst Fears About Toxic Industry
After an inquiry lasting more than two years, the Legislative Council Government Administration Sub-Committee has finally handed down its report on Fin Fish Farming in Tasmania. The report’s 194 findings and 68 recommendations make a lie of the Liberal Government’s claims that Tasmania has the strongest regulatory regime in the world, and confirms all planning, regulation, decision-making and expansion of fish farming is occurring without an established Environmental Standard.
The Inquiry paints a picture of political decision-making in the absence of proper evidence-gathering, or consultation with key bodies and stakeholders. It’s findings emphasise the poor regulatory regime, and a significant lack of transparency.
The Inquiry affirms the longstanding concern of communities and the Greens – there is no requirement for the EPA to set biomass or nitrogen limits on leases, and as a consequence there is no enforceable cap on nitrogen.
This has resulted in enormous harm to Tasmania’s sensitive marine waterways, including potentially irreversible damage to the D’Entrecasteux Channel, the Huon River, Macquarie Harbour and the survival of the Maugean skate.
The fact the Liberals – with the support of Labor – have legislated a nitrogen cap set at a level so high no company could possibly breach, highlights the cynical, political game both parties are playing with communities.
The Greens strongly support the Inquiry’s recommendation that fish farm leases should be withdrawn from sensitive and biodiverse inshore waters. Given the pressures of warming waters, and the existing harm of these sensitive waters, we interpret that to be an effective removal of fish farms from all inshore areas.
The Government’s failure to implement a zero tolerance to marine debris, and the safety risks and environmental impact of debris, were significant concerns noted in the report.
The Government must, at a bare minimum, immediately adopt the Legislative Council Sub-Committee’s key recommendations regarding reforms for fees, environmental licenses, EPA improvements, and industry transparency. To truly be world’s best practice, it needs to legislate for all salmon farming to transition to land-based operations.
Media release – Bob Brown Foundation, 24 May 2022
Tasmanian Salmon Inquiry Report slams current industry practices but could go further
The long-awaited Tasmanian upper house report into fin fish farming comprehensively outlines a litany of issues about the toxic salmon industry but doesn’t go far enough in its recommendations.
The inquiry’s findings state there have been “challenges with the state being an enthusiastic promoter and supporter of the industry”, “general community disquiet and discontent” and “lack of accountability and transparency.” It also mentions “a high level of concern for environmental harm caused by the industry.”
“The Tasmanians labelled ‘dark forces’ by former primary industries minister Guy Barnett, who have spoken out over the years against the salmon industry, will feel validated by this report which outlines a litany of problems with the industry,” said Bec Howarth, Fish Farms and Marine Campaigner at Bob Brown Foundation.
“They deserve an apology from the Tasmanian government and Mr Barnett.”
“This report makes some important recommendations but it doesn’t go far enough to ensure adequate protection for Tasmanian waterways and marine life into the future. We support the committee calling for the reduction of coastal fish farming sites and prioritising removing pens from sensitive, sheltered and biodiverse habitats.”
“Premier Rockliff’s government needs to act and fix this mess that they have allowed the toxic salmon industry to create in Tasmania’s coastal waters. We call on the Premier to implement the inquiry’s recommendations. The government needs to go further than this. The tabling of this report for the public has been delayed so the situation has got worse in the waters, for the wildlife and communities. We are calling for our government to truly prioritise Tasmania’s marine environment by ordering all salmon pens out of Tasmania’s waters entirely.”
Media release – Tasmanian Alliance for Marine Protection, 24 May 2022
Parliamentary report reveals litany of government and salmon industry failure
Today’s parliamentary report into Tasmania’s salmon industry reveals a litany of failures by the industry, government and regulator that undermines the whole basis of open-net sea-based salmon farming.
The inquiry report, run entirely by independent members of the Legislative Council, lists 68 recommendations ranging from better EPA oversight, more transparency, more reliance on independent science.
But crucially, the report calls for an end to the industry’s colonisation of sheltered, sensitive waterways (recommendation 3), a halt to further industry expansion until proper regulations and bio-security measures are in place (recommendation 4) and an independent review of the industry’s impacts on the state’s waterways and drinking water (recommendation 44).
“This report has been three years in the making and it provides convincing evidence of an industry riding roughshod over the public, regulators, government and the environment,” says Peter George, co-chair of the Tasmanian Alliance for Marine Protection.
“This report should spell the end of the Tasmanian salmon industry as we know it, calling as it does for the removal of open-net cages from sheltered waters which, at a minimum, include Macquarie Harbour, Long Bay next to Port Arthur’s World Heritage site, the D’Entrecasteaux Channel and the Huon River and estuary. Nor should Storm Bay be immune.
“The government must heed and act on this report – to do otherwise would be a criminal collusion with an industry now dominated by multinationals with no stake in the state’s future.
“It’s current public relations campaign of so-called community consultation is a farrago of unsubstantiated claims and industry marketing.
“This report deserves very close attention – it is by no means comprehensive but provides a window into the murky world of how government and industry collaborate at the expense of Tasmanians and Tasmania.”
Some important points in the report:
- Lack of transparency, particularly in access to and quality of operational and regulatory data, and the reasons behind ministerial and EPA decisions
- Insufficient, underfunded and inept government regulation, particularly in water quality, the marine environment (inland and offshore), marine debris and wildlife welfare
- Totally inadequate financial return to State and Local Government, for leases, fresh water supply and waste disposal
- Widespread and justified community concern and distrust
Some important recommendations on
- publication of the reasons behind Ministerial and administrative decisions
- the operation of advisory panels, leasing arrangements and tendering processes
- the inclusion and enforcement of stakeholder engagement and widening of overall management of the industry to fully and transparently include environmental, social and recreational values.
