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November 2008

Although these are two distinct fisheries, there were recurring themes in these complaints.

Both resources have a history of vulnerability to overfishing, and this has been exacerbated by the price of cockles rising sharply in recent years.

Due to concerns about the sustainability of the fishery, all involved realised that a quota system needed to be implemented. There was a lot of consultation about how the quota would be divided up, but many fishermen remain deeply dissatisfied with the process. For example, there is anger that only selective information was taken into account in the determination of quota allocations, the process was not transparent and that fishermen were intimidated or ignored at public meetings. Earlier this year the Minister tabled regulations as to how the quota would be divided up in both these fisheries, but a number of cockle fishermen have contacted MP’s asking that they be disallowed as this was not fair and equitable, and was going to inflict severe financial hardship. A number of fishermen have claimed that they will go bankrupt as a result of their allocation not being sufficient enough to maintain their business.

It has also been alleged by some West Coast fishermen that the main beneficiaries of the allocated quota had benefited from privileged information several years ago, and aware that the fishery was going to a quota system based on catch history, worked flat out to bolster theirs, thus giving them an advantage over other license holders.

Given the above complains, and the supporting paperwork that was produced, there seemed to be something worth investigating and this needed to be investigated before the regulations were allowed.

The Liberal Party’s Shadow Minister, Mitch Williams MP, reaffirmed complaints that were received and on his behalf the Hon. Caroline Schaefer moved a motion to disallow the regulations for the Coorong and Lower Lakes Fishery. To read Caroline Shaefer's speech when introducing the motion please click here. Those who voted for the disallowance are listed below:

• Hon J. Dawkins             (Liberal)

• Hon R. Lawson             (Liberal)

• Hon M. Lensink             (Liberal)

• Hon R. Lucas                 (Liberal)

• Hon D. Ridgway            (Liberal)

• Hon C. Schaefer            (Liberal)

• Hon T. Stephens           (Liberal)

• Hon S. Wade                  (Liberal)

• Hon S. Kanck                 (Democrats)

• Hon D. Hood                  (Family First)

• Hon A. Bressington      (Independent)

 This could have resulted in one of three scenarios:

1.      The Minister, the Hon Rory McEwen could have reinstated the regulations the following day; or

2.      The Minster, the Hon Rory McEwen could have taken into consideration the concerns of the fishermen and parliamentarians and considered alterations to the regulations to allow all fisherman to be able to make a living and provide a quota that would also allow sustainability of the resource; or

3.      Choose to open the fishery with the suspended regulations with the rules that applied last year.

The Minister chose the latter.

Ann introduced a motion in the Legislative Council for an inquiry into the conduct of PIRSA in this process and following amendments by the Hon Caroline Schaefer it was passed on Thursday, 27 November 2008.  Those who voted for the Select Committee are listed below:

• Hon T. Stephens           (Liberal)

• Hon D. Ridgway            (Liberal)

• Hon J. Dawkins            (Liberal)

• Hon R. Lucas                (Liberal)

• Hon C. Schaefer           (Liberal)

• Hon R. Lawson            (Liberal)

• Hon S. Wade                (Liberal)

• Hon M. Lensink            (Liberal)

• Hon D. Hood                (Family First)

• Hon R. Brokenshire    (Family First)

• Hon A. Bressington     (Independent)

 The Terms of Reference for the Select Committee are as follows:-

That a select committee of the Legislative Council inquire into and report upon the conduct by PIRSA:

In relation to issues affecting the livelihoods of those involved in the fishing of mud cockles in the Marine Scalefish Fishery and the Lakes and Coorong Pipi Fishery and, in particular-

 (a)  (i)   the license fee structure;

       (ii)  cost recovery process for fishers

       (iii)  access to right of appeal process

(b)  The scientific date provided to PIRSA to determine allocations to ensure resource sustainability for the 2008-09 quotas for mud cockles in the Marine Scalefish Fishery and the Lakes and Coorong Pipi Fishery;

(c)  The validity and accuracy of catch and effort data and the impact that has on scientific stock assessment to guarantee resource allocation;

(d)  The rationale of determining allocation for season quota 2008-09 and the impact that that has had on individual license holders and multiple license holders; and

(e)  Any other relevant matter.

The Select Committee will consist of:

·        Hon John Dawkins MLC (Liberal),  

·        Hon Caroline Schaefer (Liberal),  

·        Hon Ian Hunter (Labor)  

·        Hon Russell Wortley (Labor)

·        Hon Ann Bressington (Independent).

It will have power to send for persons, papers and records, and to adjourn from place to place, and is to report on 17 June 2009. Those that raised their concerns with the process will now be able to lay their cards on the table at meetings for this inquiry. Ann is hopeful that these concerns can be satisfactorily resolved in the best interests of license holders and the long-term future of both fisheries.

It was and still is Ann’s firm belief that if an inquiry into PIRSA shows that all processes were carried out and outcomes achieved were transparent and equitable the regulations should proceed unhindered. However, if evidence presented shows that the concerns of fishermen were valid then recommendations will be made to improve the function of PIRSA and will also be used to advise the Minister on issues that need to be addressed.

As with any contentious issue there are always two sides to the story and as part of our democratic system of government it is fair and reasonable to investigate any and all allegations that are put before Members of Parliament that might negatively impact on constituents of this state. It would be unthinkable that a parliamentary process, such as a Select Committee Inquiry did not go ahead when there are so many unanswered questions and allegations relating to the future of an entire industry.

Latest News

On the 8th of September 2009, the report of the Select Committee into the Conduct of PIRSA in Fishing of Mud Cockles in Marine Scalefish and Lakes and Coorong Pipi Fisheries was finalised and presented the Legislative Council. To access the report please click here.

Following this, the members who sat on the Committee each briefly spoke to the report. To read Ann's contribution please click here.

The Independent Weekly subsequently covered the report and its findings in the article Two Sides to Bivalve Battle.

Related Media Releases:

12 February 2009 - Your Fishery, Your Say

23 October 2008 - Minister of Plenty Screws the Little Guy Again