Globally, Fish Aggregating Devices (FADs) and artificial reefs are increasingly used tools to enhance fisheries – particularly recreational fisheries. Over the last decade there has been greater use of these tools in Australia. In recent years, FADs have been increasingly deployed including in Commonwealth waters for the purpose of enhancing recreational fisheries managed by state governments. There are concerns that the recent rapid deployment of FADs, particularly in Commonwealth waters have negatively impacted the operations of some Commonwealth fisheries such as the East Coast Tuna and Billfish Fishery. There are also marine safety concerns which extends beyond just commercial fishing vessels. There is a need to better understand the regulatory environment for FADs and artificial reefs to ensure that benefits can be realised while impacts avoided or mitigated. The regulatory environment for the deployment of FADs (and artificial reefs) in Commonwealth waters is potentially different from that when they are deployed in state waters. It also extends beyond fisheries legislation and includes the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act 1999), the Sea and Submerged Lands Act 1973, and the Navigation Act 2012. The administration of these Acts and associated subordinate legislation crosses several government agencies. In relation to the EPBC Act 1999, the Commonwealth marine area is a Matter of National Environmental Significance (MNES). There is however little specific guidance as to whether FADs potentially impact MNES and how any impacts can be mitigated. In addition to better understand the complex regulatory environment, there is a need to develop more effective and fit for purpose engagement strategies with all stakeholders. There is a need for national project as it is an issue which is now cross jurisdictional.

Please note we have attached responses from three State Ministers indicating their support for a collaborative approach to this issue.