Are you concerned VFA is not listening to you?
Sweeping changes to Victoria’s environmental legislation mandates a totally new approach to marine environmental management. If you’re not aware of this, here are some of the key policies (see highlighted paragraphs, below). If you feel your voice is not being heard, you could try requesting clarification about why VFA has not, to date, considered talking to anyone except fishers. VFA’s legal obligations to protect nature now extend to consulting with the wider community and upholding standards of ecological sustainability. This is so Victoria can remain in accordance with its international obligations for biodiversityWhat is the definition of biodiversity? When we ask, what is the definition of biodiversity? It depends on what we want to do with it. The term is widely and commonly misused, leading to significant misinterpretation of the importance of how animals function on Earth and why they matter a great deal, to human survival. Here I will try to More conservationWhy is animal conservation important? Animal conservation is important, because animals are the only mechanism to create biodiversity, which is the mechanism that creates a habitable planet for humans. Without animals, the energy from today’s plants (algae, trees, flowers etc) will eventually reach the atmosphere and ocean, much of it as carbon. The quantity of this plant-based waste is so More and climate resilienceReferring to an ecosystem’s ability to maintain a steady stable-state. The need to build resilience is entirely anthropocentric and symptomatic of ecosystems that are damaged or declining, leading to loss of ecosystem services on which humans depend. More.
Incidentally, these same obligations also apply to a range of other departments, including the EPA, Parks Victoria etc.
Why does VFA exist?
The Victorian Fishing Authority (VFA) is the statutory body set up by the State Government of Victoria, under the Fisheries Act 1995 (Vic). It’s sole purpose is to administer the Act, in accordance with its objectives and state government marine policy. Under that Act, they are also requied to accord with the Marine and Coastal Act 2018 (Vic) which sets the objectives and guiding principles for planning and management of the marine and coastal environment.
What Objectives does it have to meet?
Under the Fisheries Act, the first two Objectives are to do with ecological sustainability and maintenance of ecological processes. Most commercial fishing no longer occurs in Port Phillip Bay, so those aspects of Objectives (c) to (e) don’t often apply. The only Objective that VFA routinely fulfills in Port Phillip Bay is (f), by means of their ‘Million Fishers’ campaign, which is inconsistent with ecological sustainability.
3 Objectives of Act
The objectives of this Act are—
(a) to provide for the management, development and use of Victoria’s fisheries, aquaculture industries and associated aquatic biological resources in an efficient, effective and ecologically sustainable manner;
(b) to protect and conserve fisheries resources, habitatsWhat is habitat for animals and people? Habitat, hence the word "habitable" describes the natural surroundings in which any animal (or human) lives, that houses basic needs, such as food and shelter. Vegetation, for example, is habitat for animals. On its own, habitat is not necessarily stable or sustainable, which is why it differs from an ecosystem. Habitat in disrepair More and ecosystemsHow ecosystems function An ecosystem is a community of lifeforms that interact in such an optimal way that how ecosystems function best, is when all components (including humans and other animals) can persist and live alongside each other for the longest time possible. Ecosystems are fuelled by the energy created by plants (primary producers) that convert the Sun's heat energy More including the maintenance of aquatic ecological processes and genetic diversity;
(c) to promote sustainable commercial fishing and viable aquaculture industries and quality recreational fishing opportunities for the benefit of present and future generations;
(d) to facilitate access to fisheries resources for commercial, recreational, traditional and non-consumptive uses;
(e) to promote the commercial fishing industry and to facilitate the rationalisation and restructuring of the industry;
(f) to encourage the participation of resource users and the community in fisheries management.
But in addition, the Marine and Coastal Act adds the following, general objectives, which Fisheries Act implementation has to be consistent with:
(a) to protect and enhance the marine and
coastal environment; and
(b) to promote the resilience of marine and
coastal ecosystems, communities and assets
to climate change; and
(c) to respect natural processes in planning for
and managing current and future risks to
people and assets from coastal hazards and
climate change; and
(e) to promote a diversity of experiences in the
marine and coastal environment; and
(f) to promote the ecologically sustainable use
and development of the marine and coastal
environment and its resources in appropriate
areas; and
(g) to improve community, user group and
industry stewardship and understanding of
the marine and coastal environment; and
(h) to engage with specified Aboriginal parties,
the community, user groups and industry in
marine and coastal planning, management
and protection;
Consultation requirements
VFA’s only statutory consultee under its own Act is VRFish (Chris Angwin, VFA Regional Manager Operations, 31 Jan 2022, pers comm), a recreational fishing lobby group. But the Consultation Princples (3A) only apply to changes in legislation, not to the actual day-to-day operation of the Act, or decisions made relating to individual licences.
While VFA can shun any request to speak to any other interested Parties under their Act, the Marine and Coastal Act makes it a requirement to ‘engage with the community‘ and ‘improve community stewardship‘. VFA do neither of these things effectively at present. But they are required to work, as part of the broader policy system, and ensure their actions and behaviour is consistent.
Marine Spatial Planning
To make this even clearer, the State government has published Marine Spatial Planning Guidelines under the Marine and Coastal Policy 2020.
The MSP process and resulting marine plan does not replace, remove, or duplicate existing licensed or permitted rights. The aim is to integrate planning and management across sectors to reduce conflicts between uses and between these uses and the marine environment. Existing rights under legislation operating in Victoria’s marine environment include:
fisheries and aquaculture operations (under Fisheries Act 1995 and Environment Protection Act 2017); and recreational fishing (under Fisheries Act 1995).
Reducing conflict with the ecological sustainability of the marine environment is a key component of MSP. Consultation is a prerequisite. If the community are concerned that the actions of fisheries contravenes the wider policy objectives, then VFA can be called into question.
Other policy requirements to consult
The overarching requirement to act in an ecologically sustainable manner would also need to be consistent with:
The goals of the Port Phillip Bay Environmental Management Plan 2017-2027 and both goals of Protecting Victoria’s Environment – Biodiversity 2037 (Table 1).
Table 1: Victorian Government Policy for Marine Biodiversity and Sustainability
| Protecting Victoria’s Environment – Biodiversity 2037 VICTORIA’S BIODIVERSITY IS HEALTHY, VALUED AND ACTIVELY CARED FOR: | |
| GOAL 1 Victorians value nature. Victorians understand that their personal wellbeing and the economic wellbeing of the state are dependent on the health of the natural environment | GOAL 2 Victoria’s natural environment is healthy. Victoria has functioning plant and animal populations, improved habitats and resilient ecosystems, even under climate change. |
| Statewide targets A net gainNet gain is the term used to describe management that doesn't undermine ecosystems. In theory, a 'net gain' is achieved, when an ecosystem starts to restore itself. To achieve any kind of meaningful net gain, you can only expect returns to occur when degraded habitat is recovering. The problem is that this can lead to an undervaluing of existing or More of the overall extent and condition of habitats across terrestrial, waterway and marine environments. | |
| Biodiversity response planning and delivering the targets Collaborative forums, within a landscape, seascape or other area, will bring partners and stakeholders together to plan a response to the statewide targets. | |
| Priority 1. Increase the collection of targeted data for evidence-based decision making and make all data more accessible. | |
| Priority 2. Deliver cost-effective results utilising decision support tools in biodiversity planning processes to help achieve and measure against the targets. | |
| Priority 3. Raise the awareness of all Victorians about the importance of the state’s natural environment. | |
| Priority 4. Increase opportunities for all Victorians to have daily connections with nature. | |
| Priority 5. Increase opportunities for all Victorians to act to protect biodiversity. | |
| Priority 7. Help to create more liveable and climate-adapted communities. | |
| Priority 10. Leverage non-government investment in biodiversity. | |
| Priority 12. Adopt a collaborative biodiversity response planning approach to drive accountability and measurable improvement. | |
| Priority 13. Support and enable community groups, Traditional Owners, non-government organisations and sections of government to participate in biodiversity response planning. | |
| Priority 14. Engage with Traditional Owners and Aboriginal Victorians to include Aboriginal values and traditional ecological knowledge in biodiversity planning and management. | |
| Priority 16. Build capacity to increase Aboriginal participation in biodiversity management | |
| Priority 17. Deliver excellence in management of all land and waters. | |
| Priority 18. Maintain and enhance a world-class system of protected areas. | |
| Port Phillip Bay Environmental Management Plan 2017-2027 | |
| GOAL 1 Stewardship of the Bay is fostered across community, industry and government | GOAL 3 The Bay’s habitats and marine life are thriving |
| Priority 1.1 Work with Aboriginal groups to improve understanding of Aboriginal cultural values and interests in the Bay and support connections to Country | Priority6.2 Improve understanding of ecological processes, threats and pressures |
| Priority 1.2 Develop and deliver programs to inspire greater appreciation of the Bay’s values | Priority6.3 Improve overall extent and condition of the Bay’s natural ecosystems |
| Priority 1.3 Build understanding of management responsibilities and programs for the Bay and its catchment | Priority7.1 Prevent introduction and dispersal of marine pests |
| Priority 2.1 Build capacity and knowledge within community and industry networks | |
| Priority 2.2 Empower the broader community to get more actively involved in caring for the Bay | |
| Priority 2.3 Support stronger partnerships across community, industry and government to ensure aims and outcomes are aligned | |
Conclusion
It’s in meeting all these obligations that VFA is failing and could be challenged. Because ‘associate aquatic biological resources’ encompass far more than just fishing. Everyone who either participates in fish-related activities (e.g. diving and snorkelling) or who might be affected by ecosystem decline due to unsustainable fishing, would be relevant to talk to. For instance, there is a direct connection between decline in fish abundance and diversity, and matters such as coastal erosion and water quality. These in turn affect house prices, insurance and other key economic drivers.
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