Inquiry finds Tasmanian government mismanaged sand flathead fishery before rushing ban

An inquiry into the ban on fishing sand flathead in Tasmania's south-east has found the state government failed to properly manage the species for years, before rushing through the ban.

Sand flathead are a brown, ray-finned fish found at the bottom of inshore waters across all of Tasmania, as well as a very popular target for the state's recreational fishers.

In March, the state government imposed a ban on fishing the species across a large part of Tasmania's south, between Whale Head and Cape Pillar, due to a severe decline in stock.

A lower house committee, which was formed to scrutinise the fishery closure decision following frustration from the community, tabled its report in parliament on Tuesday.

It handed down a range of findings and criticisms of the state government, but it did not explicitly state that the decision to close the fishery was incorrect.

'Failure in long-term planning'

The committee found there was a consensus that the south-east sand flathead fishery was "under pressure" and the "precautionary principle" was employed in the decision to close it.

However, it also found the state government had failed to quickly act on scientific advice about the species over several years, contributing to its ongoing deterioration.

Gavin Pearce, the state's primary industries minister, told the inquiry in June that the decision to close the fishery was "not taken lightly" and was necessary to "support recovery of the stock".

"The south-east stock is critically depleted — with around only 1 per cent of fish above the legal size limit and breeding potential reduced significantly to very low levels," he said.

In its submission to the inquiry, the Institute for Marine and Antarctic Studies said it determined that too many sand flatheads were being fished more than a decade ago.

"Stock assessment modelling began in 2014–15 and immediately determined that long-term fishing mortality has exceeded levels consistent with sustainability targets," it said.

The committee also heard that the species was classed as "depleting" in a 2016 report and that this was upgraded to "depleted" in 2021.

"In terms of this being a new thing that just suddenly snuck up on us, well, it didn't," Mr Pearce told the inquiry.

The inquiry found fishery closures were "reflective of a failure in long-term planning and management".

'Perfunctory' consultation criticised

The inquiry also found there was a lack of consultation with the community and stakeholders about the closure, which "raised concerns about the decision-making process".

In its submission, the Department of Natural Resources and Environment (NRE) said relevant fishing bodies were contacted in February and given a consultation period of about two weeks.

Multiple stakeholders, including both TARFish and RecFishTas, told the inquiry they were only able to provide feedback on the closure after it had already been announced by Mr Pearce.

"Attempts [to] consult occurring after the decision has been made, is merely perfunctory, and cannot inform or impact on the decision," TARFish said in its submission to the inquiry.

The inquiry also found that the state government did not model the economic impact of closing the sand flathead fishery and that this had still not been done.

It also found the decision-making processes undertaken by Mr Pearce and NRE created confusion for the community, which was worsened by inconsistency in public details.

Inquiry hands down 20 recommendations

While the fishery in the state's south-east was closed to allow sand flathead numbers to recover, the committee found there was no publicly available criteria for the re-opening.

In its submission, NRE said a stock rebuilding plan being released later this year would include "specific conditions" which need to be met for a reopening to be considered.

"Reopening of the fishery in the closed area is subject to ongoing stock assessment, scientific advice on the performance of the stock in response to management measures and the stock enhancement program," it said.

One of the 20 recommendations handed down by the committee was for the state government to develop and publish the criteria for reopening the fishery "as a matter of priority".

The committee also recommended the Tasmanian government take "more immediate action" when given expert advice on fisheries, and to fund more "comprehensive stock assessment".

It was also recommended that the state government ensure NRE undertake "genuine and targeted" consultation prior to major announcements.

Decision 'eroded trust' with anglers

Labor MP Janie Finlay, the shadow minister for primary industries, said in a statement that the report showed Tasmanians were paying the price for the state government's mismanagement.

"The Rockliff Government ignored expert advice, failed to act early enough and failed to properly fund the science and management needed to protect the fishery," Ms Finlay said.

"Then, after years of poor management, they shut it with inadequate consultation, poor communication and no modelling of the economic impact."

TARFish chief executive Jane Gallichan said the closure "blindsided" anglers and the report showed the fishery could have been handled better.

"It was a decision that was made without consultation, behind closed doors, in a way that absolutely eroded trust with Tasmania's recreational fishers," she said.

In a statement, Primary Industries and Water Minister Gavin Pearce said actions to protect sand flathead levels over the past decade had been made "based on the best available science at the time".

"Closing the south-east sand flathead fishery was an extremely tough decision to make, but it was the right one," he said.

"We want to see our future generations fishing for sand flathead, and this decision provides the best chance for our $1.2 million restocking program to get sand flathead back to manageable levels."