Ban on commercial fishing in the estuarine waters of New South Wales, Australia: Community consultation and social impacts

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Environmental Impact Assessment Review 28 (2008) 214 – 225 www.elsevier.com/locate/eiar

Ban on commercial fishing in the estuarine waters of New South Wales, Australia: Community consultation and social impacts Salim Momtaz ⁎, William Gladstone Centre for Sustainable Use of Coasts and Catchments, School of Environmental and Life Sciences, University of Newcastle, 10 Chittaway Road, Ourimbah, NSW 2258, Australia Received 15 December 2006; received in revised form 1 March 2007; accepted 1 March 2007 Available online 3 April 2007

Abstract In its effort to resolve the conflict between commercial and recreational fishers the New South Wales (NSW) government (NSW Fisheries) banned commercial fishing in the estuarine waters. The NSW Fisheries conducted a number of studies and held meetings with the affected communities including commercial fishers prior to the implementation of the ban. To investigate how community consultation played a role in the decision-making process especially as perceived by the commercial fishers and to determine actual social impacts of the ban on commercial fishers, in-depth interviews were conducted with the commercial fishers. This research reveals that despite the NSW Fisheries' consultations with commercial fishers prior to the closure, the latter were confused about various vital aspects of the decision. It further reveals that, the commercial fishers faced a number of significant changes as a result of this decision. We argue that a better decision-making process and outcome would have been possible through a meaningful consultation with the commercial fishers and a social impact assessment. © 2007 Elsevier Inc. All rights reserved. Keywords: New South Wales fisheries; Commercial fishers; Recreational fishers; Recreational fishing haven; Community consultation and participation

1. Introduction Increasing leisure time, affluence, and demand for seafood, have seen increases in the recreational fishing sector. This has led to inevitable conflicts with the commercial sector and numerous management responses (Kearney, 2001, 2002; Pereira and Hansen, 2003; Sharma and Leung, 2001). There is a long history of conflict between the recreational and commercial

⁎ Corresponding author. Tel.: +61 2 4348 4131. E-mail addresses: [email protected] (S. Momtaz), [email protected] (W. Gladstone). 0195-9255/$ - see front matter © 2007 Elsevier Inc. All rights reserved. doi:10.1016/j.eiar.2007.03.001

fishing sectors in New South Wales (NSW) about access to shared resources and the impacts of one sector's activities upon the other's catch. This has been followed by a number of state government-sponsored inquiries into the perceived conflict and recommendations for management intervention. As early as 1980 the NSW State Government established the Fisheries Inquiry to investigate the emerging conflict between the recreational and commercial sectors (Steffe and Chapman, 2003). In 2001 the NSW State Government declared that it would resolve the continued conflict between the two sectors in the State by excluding commercial fishing from 29 estuaries and converting these estuaries to ‘Recreational Fishing Havens’ (NSW Fisheries, 2001).

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Lake Macquarie had been at the centre of conflict between the commercial and recreational sectors for many years. In the 1950s a large number of scientific studies were undertaken in the estuary to investigate claims, from the recreational sector, that fish stocks were being reduced by over-exploitation by the commercial fishing sector (Thomson, 1959). Claims of overexploitation by either sector were confounded by a general deterioration of the Lake's environmental quality following 100 years of development in the Lake and its catchment that included power stations, heavy industry, tourism, coal mining, agriculture, and urban development (Lake Macquarie Task Force, 1999; WBM Oceanics Australia, 1997). A number of other scientific reviews were undertaken to disentangle claims of over-fishing by either sector from changes due to the Lake's environmental degradation (LMCAG, 1995; Otway et al., 1995; Scanes, 1988; Virgona, 1983; Virgona and Henry, 1987) and, as a result, more is known about fisheries issues in Lake Macquarie than other estuaries in NSW. Most reviews found no evidence of a decline in recreational catch due to commercial fishing operations, although methodological differences confounded interpretations of temporal trends (Steffe and Chapman, 2003). Following the NSW State Government's decision to establish recreational fishing areas, Lake Macquarie was the first estuary where commercial fishing ceased on May 1 2002. The procedure for the development of these closures included the public nomination of an area, the compilation of issues papers concerning those areas nominated, community consultation and final decision by the Government (NSW Fisheries, 2001). The government offered a voluntary buy out of licenses to those fishers who had been fishing in the lake and would be affected by the decision. Those who would not accept the voluntary buy out would be allowed to keep their licenses to fish in other estuaries. The government offered a package of financial benefits to those fishers who would accept the voluntary buy out to compensate them for the banning of commercial fishing from the lake. The amount was based on twice the average value of their best three consecutive years of catches between the years 1986 and 1999. The data used to make estimations came from catch returns submitted by the fishers, combined with price information sourced from Sydney Fish Market (White, 2006). After introducing the Lake Macquarie, this paper examines some recent literature on social impact assessment and community consultation in the context of fisheries regulations. It then outlines the methods used in the study. The commercial fishers' confusions

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and disagreements over various vital issues relating to the decision and the actual social impacts of the ban are documented. The paper finally makes suggestions for improvement in future decision-making. 2. Lake Macquarie Lake Macquarie city is located between Sydney and Newcastle. It has a population of about 190,000. The lake covers around 110 km2 and is one of the largest saltwater coastal lakes in the southern hemisphere, with a catchment of 700 km2 (NSW Fisheries, 2001). There are many environmental issues facing Lake Macquarie. Most of these involve activities in the lake's catchment. Deterioration of the water quality has been brought about by urban and catchment development, sedimentation, eutrophication, licensed discharges, sewerage discharges, introduced species, and commercial and recreational fishing practices (Sawatske, 2001). Lake Macquarie had been fished commercially for over 100 years. The main methods of fishing involved the use of small-motorised boats that worked alone or in pairs, and haul nets. The majority of the catch went to the Sydney Fish Markets, with only a limited amount of fish sold to the local market. The annual value of the Lake Macquarie catch was around A$1 million (one Australian dollar was equivalent to approximately 0.78 US dollar at the time of submission of this paper) (NSW Fisheries, 2002). A cooperative retail seafood business (Mannering Park Fishing Co-op) owned and operated by the lake's commercial fishers at Mannering Park sold around A$100 000 of fish locally (Wayne, 2002). Swansea Cooperative, the other fishing cooperative in the Lake Macquarie, sold similar amount of fish to the local customers. The population in the region has increased substantially in the last few decades. This has helped boost recreational activity in the lake. The area is a popular destination for tourists from nearby Sydney and Newcastle. Approximately 200 000 people fish in Lake Macquarie each year spending between A$12 and A $24 million a year on fishing related activities (NSW Fisheries, 2002). The conflict between the recreational and commercial fishing sectors emerged from the fact that both seek the same fish stock in the same area. The main species targeted by both sectors were yellowfin bream, dusky flathead, tailor, luderick, trumpeter whiting and leatherjackets (NSW Fisheries, 2002). Recreational fishers' were mainly concerned with possible impacts of haul nets used by commercial fishers on the seagrass habitats of the lake and a perceived decline of size and numbers

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of fish species (Lake Macquarie Task Force, 1999). The catch per unit effort of recreational fishers did not appear to differ in regions of Lake Macquarie where commercial fishing activities occurred when compared to those areas not used by commercial fishers (Virgona, 1983). Some recent research conducted by NSW Fisheries revealed minimal impact of netting on the lake.

decisions to be made in a wider and more informed context, particularly related to the environmental, social and economic impact of those decisions, at state, regional and local levels and (b) enable the public to take a more active role in planning decisions by informing them and encouraging them to express their views.

3. Social impact assessment and community consultation in fisheries management

The NSW Fisheries Management Act (1994) emphasises assessment of the environmental impacts of fisheries. However, no clear direction is given about the need for SIA of policies that are likely to have significant social impacts. Despite the lack of directions as to the role of SIA in fisheries management, the NSW Fisheries Management Act (1994), creates provisions for community consultation:

Recent literature on the impact of fishing restrictions report that fishing regulations can affect the well-being of fishers and their families in many ways from decreased level of job satisfaction to psychological effects such as increased levels of depression, family stress and other mental health indicators (Allen and Gough, 2006; Smith et al., 2003; Pollnac, undated). Smith et al. (2003) have investigated the Florida net ban and its impact on commercial fishing families. They argue that although the possible biological and economic impacts of the net ban were widely discussed, the potential social impacts were seldom brought to the public's attention. In a recent study Allen and Gough (2006) have investigated into the ban on Hawaii-based longline fishing on Vietnamese–Americans fishers. They reported that change in household income, family cohesion and community cohesion, created dramatic change in the quality of life of affected individuals and families. They emphasised the need for monitoring of social impacts as the original SIA conducted by the proponent failed to identify a number of important impacts. In a different context Rickson et al. (1989) highlighted the problems of collecting data for SIA in conflicting situations and noted that economic loss, loss of status, feeling of alienation, anger, and disappointment are common among those adversely affected by change. Authors have consistently emphasised the need for community consultation that would invite affected public into decision-making process to foster justice, equity and collaboration and inform and educate the stakeholders about the planned interventions and its consequences (IAIA, 2007). In the State of NSW, the Environmental Planning and Assessment Act (EP&A) 1979 (EP&A Act, 1979) provides the statutory framework for both environmental impact assessment (EIA) and social impact assessment (SIA). The objective of Section 5(c) is to: provide increased opportunity for public involvement and participation in environmental planning and assessment. It intends to (a) enable planning

1) The Minister is required to give the public an opportunity to make submissions on any proposed management plan or supporting plan (or proposed new plan) and to take any submission that is duly made into account. (2) The Minister is required to consult relevant commercial or recreational fishing bodies, and bodies representing indigenous and conservation interests, about any such proposed plan, including, in the case of a proposed management plan (or proposed new management plan), the Management Advisory Committee for the fishery to which it relates. In contrast, the Act promulgates supreme authority of the Minister in the creation of Fishing Closures: (1) The Minister may from time to time, by notification, prohibit, absolutely or conditionally, the taking of fish, or of a specified class of fish, from any waters or from specified waters. (2) Any such prohibition is called a fishing closure (Fisheries Management Act, 1994 No 38). 4. Community consultation process by NSW Fisheries during the creation of fishing closures 4.1. Studies conducted for NSW Fisheries As part of the decision-making process NSW Fisheries commissioned a number of studies. These include ‘Changing the Management of Fisheries in NSW’ (Dominion Consulting, 2000) and the ‘Issues Paper’ (NSW Fisheries, 2001). These papers examined the proposed changes to fisheries management in NSW and appraised the potential impacts of new management

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arrangement and, outlined the economic, social and environmental issues associated with the creation of a recreational fishing area in Lake Macquarie. The ‘Issues Paper’ considered three alternatives: (a) complete ban on commercial fishing, (b) ban on hauling, and (c) continue commercial fishing. Issues paper and summaries were mailed out to all stakeholders; copies were made available from the NSW Fisheries Web site and there was media coverage as well.

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understanding the wider issues in regard to the decisionmaking process, the context in which the decision was made, and potential impacts of the ban on fishers and local community. These discussions also helped us develop the survey questionnaire and identify key informants for in-depth interviews. All major documents related to this decision were accessed from the website of New South Wales Fisheries. 5.2. Questionnaire design and survey

4.2. Public meetings The NSWF organized a number of meetings for the stakeholders—one meeting for commercial fishers only; one meeting for recreational fishers only; one meeting for both commercial and recreational fishers; and one meeting open to public. The meetings were publicised. An independent facilitator was involved in these meetings. The facilitator also examined all written submissions. The consultation report was later published (NSW Fisheries, 1999). The report revealed that the commercial fishers raised concerns about job losses, inaccurate information, especially in regard to economic factors, the average income of commercial fishers, the value of commercial and recreational fishing, and the impacts on seafood retail employment and consumers. They were also dissatisfied with the compensation process and proposed a number of alternatives including state-wide voluntary buyout. The recreational fishers, however, supported the total ban option. 5. Methods A combination of quantitative and qualitative methods was adopted for this research due to the small population size (36 commercial fishers in Lake Macquarie). 5.1. Group discussions with stake-holders Commercial fishers in Lake Macquarie worked under two fishing cooperatives—Mannering Park and Swansea. All commercial fishers affected by the decision to ban commercial fishing in Lake Macquarie belonged to these two cooperatives. At the scoping stage of our research, we held group discussions with these fishers, the head office of the cooperatives at Newcastle and with the organization that represented this group— Profish. Concerned Anglers' Group, an alliance of local community members mostly recreational fishers opposing commercial fishing in Lake Macquarie, was also consulted. These discussions provided the basis for

We surveyed all commercial fishers in Lake Macquarie region with a structured questionnaire (Table 1). A pilot survey among some commercial fishers helped determine the appropriateness of the questions and terminologies used. After a review, copies of the questionnaire were sent to the three fishing cooperatives in the area – Mannering Park, Swansea and Newcastle (Head Office) – for distribution among all 36 Table 1 Major topics in the questionnaire and their objectives Major topic

Objectives

Background To know about the respondent's attachment to the information place, family structure and number of dependents, educational background, whether there were other income-earners in the family and ownership of house. Fishing habits To gain an insight into the nature of fishing as a profession and its importance in the family history, time spent on fishing, employment generated by the fishing licenses. There were some questions on quality of fish catch as well as efforts put on fishing. Community The objective of the Likert scale questions in this issues section was to determine the importance of fishing in the community and whether removal of it would have any significant impact on local employment situation. Environmental The objective of this section, consists of some Likert issues scale questions, was to determine how the fishers perceived the general environment of the Lake and how their fishing practices affected the Lake's environmental conditions. About the This section – consisting of some Likert type, some decision multiple choice and some open-ended questions – was designed to get information on their understanding of the decision-making and community consultation processes. Alternative This section of the questionnaire consisted of questions related to the perceived reasons for the decision and to determine whether there were any viable alternative to the decision that would be acceptable to the commercial fishers. Compensation In this section we tried to gain an understanding of the level of satisfaction in regard to compensation. Future We wanted to see how they perceived their lives after fishing, whether they had plans to retrain, or move or fish elsewhere.

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commercial fishers. Eleven fishers responded to the questionnaire survey. 5.3. In-depth interviews We conducted in-depth interviews with nine individuals which lasted for at least 2 h each. These taperecorded interviews provided rich qualitative information on the history of fishing in Lake Macquarie and the actual social change induced by the decision. Interviews were transcribed and summarised. The surveys focussed on two major issues: (1) commercial fishers' perception of the community consultation process and its effects on them, and (2) actual social impacts of the decision on commercial fishers. A number of indicators were used to determine actual social impacts: income data (loss of income as a result of the ban); information on age, educational qualification and secondary occupation to determine the likelihood of someone to take the opportunity to retrain and move to a different occupation; whether fishers are the main income-earner in the family and number of dependants to determine if loss of income will have significant impact on the quality of life. In-depth interviews helped us identify a number of themes which we could relate to loss of pride, loss of family tradition and loss of lifestyle. We also looked at whether the absence of commercial fishing activities would have any impact on local businesses to determine community impact of the decision (Allen and Gough, 2006; Burdge, 2004; Smith et al., 2003; Pollnac, undated). 6. Results 6.1. Background information on commercial fishers All respondents resided in the Lake Macquarie area and had lived in the area between 11 and 70 years. Nearly half of the respondents were renting and half were mortgaging or owned their houses. Nearly 90% of the respondents were between the ages of 40 and 60+ years, the remaining were between 21 and 30 years. All respondents achieved an education higher than primary school. However, there were differences between levels of education and the ages corresponding to that level. The survey found that the majority had no other skills and were unemployable outside of the fishing sector. Fishing was the primary occupation of all respondents and most of them had no secondary occupation. All were still fishing and only one individual was of retirement age. All fishers were the main income earner

in the family and most had dependents. Fishing was a part of the family tradition although it was a decreasing trend. Some fishers fished in the lake for four generations and could not think of life after fishing. The commercial fishers provided some full-time jobs and there were some seasonal workers as well. Apart from employed staff in direct fishing operations, individuals were indirectly employed for other duties or supplies. These included net makers/repairers and outboard mechanics, vehicle mechanics and gear suppliers, cooperative staff, fitter and tuners, transport workers and accountants. 6.2. Confusion over environmental issues In addition to conflict between commercial and recreational fishers environmental deterioration of the Lake Macquarie has often been put forward by NSW Fisheries as a major reason for the removal of commercial fishing (NSW Fisheries, 2001). This was raised in the interviews to see how the commercial fishers valued the health of the lake and what they thought were the major reasons for the deteriorating health of the lake. Majority (91%) of fishers strongly disagreed that commercial fishing had an adverse effect on the environmental condition of the lake. They strongly agreed that the condition of the lake was vital to their fishing success. As one respondent explained (Fishermen always work within environmental guidelines, surely there have been rogues, there have always been rogues in every industry that you want to know and I don't deny that there have been rogues in the fishing industry. But the majority of the fishing industries harvest the resources and fishermen never knew that but they were sort of the original environmentalists … because if they didn't harvest their resource properly there wouldn't be a resource today. However, in-depth interviews showed that the fishers believed that some of the fishing methods, such as haul netting, might have negative impacts on fish habitat, e.g., through disturbance to seagrass. The majority of respondents (91%) strongly agreed that the environmental condition of Lake Macquarie was affected by catchment development and the power stations. As one respondent mentioned (Rather than blaming commercial fishermen for the environmental problems that have been caused over the last 100 years where a lot of those problems also to do with housing built around the lake, stormwater runoff,

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Table 2 Comments on the type of support and contact offered to the fishers during the process of banning commercial fishing Questions

Comments

How were you informed of the decision?

In the Newcastle Herald prior to the environmental impact study being released. Through Mannering Park fishing Co-op. …about 2 weeks before the closure. What support did you get from your Profish did the best they could, but I believe that the decision had been made. professional organisation? They did their best to stop the closure but the Minister for fishing was hell bent on the closure and had no interest in what we had to say. Our professional organisation was just as ignorant of what was happening as the fishermen. What contact have you had with NSW The Director of Fisheries rang me to inform the decision. I had a number of meetings (3) with Fisheries about the decision? the minister prior to the decision. In my opinion the minister was not aware of all consequences from the decision … adverse to commercial fishing. [This was the answer of the co-operative chair] Only to get compensation. Letters and journals, threatening fines up to $20 000 for breaking closure laws. Only through Profish as they would not talk to or correspond with any other individual. Very little … you can't believe a word they say. The letter to notify of closure and a poor offer to buy me out … which I did not accept. Has this contact been adequate? More notice of a date should have been given … and more info about the closure. NSW Fisheries had a set agenda and took no heed of alternative ideas. It was a political decision taken by the Government, not addressing real issues. Fisheries do not believe our predicament is their concern. Did you attend the consultation meeting Yes … to no avail! with NSW Fisheries? The decision had been made by NSW Fisheries prior to the so-called consultation meeting. Small attendance at meeting by the public. No indication of any real support for closure. Do you consider that the decision-making The knock on affect was not looked into i.e., unemployment, effect on seafood supply, etc. process has adequately addressed your concerns? The future of younger fishers has not been considered. They were a little hard to understand … how they calculated the payout. Compensation was inadequate for a 51 year old unemployed person. It has been lies and propaganda belittling the commercial fisherman and vastly overrating the recreational anglers. The decision is purely political, we had no say!

nutrients from carwash, an immense pressure…. You could say to the government if you are going to be an equalizer are you going to look at the population policy, are you going to look at the sustainability of the lake because of the new people coming in, does it outweigh the benefits from being a commercial fisher.

6.3. Fishers' opinion about the decision-making and consultation process The fishers were not very confident about the transparency of the decision. The majority (91%) disagreed that adequate information was given about the decision. They expressed their anger at the fact that although a number of consultative meetings had been organized for the commercial fishers and wider community they were, in fact, information sessions about the plan to close the lake to commercial fishing. The commercial fishers attended these meetings in the belief that they were to discuss closing the lake to commercial fishing as one

possible option, and had prepared alternative options to present for discussion. Their comments and concerns had no impact on the decision outcome. One can easily verify the validity of this statement by comparing the initial proposal and the final decision. Most of the fishers knew about the proposal to ban commercial fishing in Lake Macquarie before community consultation took place. Despite knowing about the proposal, the fishers felt that they were not well informed about the final decision. The majority of fishers felt that the contact they had received was inadequate. Arrays of comments were made in the questionnaire and in-depth surveys on supports and contacts (Table 2). Some felt that the decision was a political one and did not address the real issues. Others felt that more notice and information should have been given and others felt that NSW Fisheries concerns were not for the fishers as a set agenda had been made with no consideration to alternative ideas. Four meetings were held, comprising of one exclusive meeting for the commercial fishers and one

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Table 3 Comments made on reasons for the decision Question

Comments

What do you see as the main reason behind the The only reason was political and even the people in Fisheries said so. decision to buy out commercial fishers? So the minister could close the lake and didn't have to listen to all the winging anglers. To give the impression that NSW Fisheries is doing something about fish stocks instead of targeting the real problem of over development, silting, power stations, jet skis/boats dispersing fish. There is no doubt in my mind we were a ‘pay off’ for the recreational license. The process to make a recreational area could have been achieved with less adverse effects. A political group, Concerned Anglers, had more weight than a small band of commercial fishermen. To increase tourism and handline fishing. To shut up all the little ‘Concerned Angler’ groups that saw fishermen as a damage to the lake but forgot that the industry that some of them work for was doing the damage, not us. We were sacrificed in order to have Lake Macquarie as a ‘net free zone’ and to offer recreational fishermen as incentive for them to pay license fees.

exclusive meeting for the recreational fishers. In the two remaining public meetings both parties were invited to attend. Most of the commercial fishers attended the consultation meetings with NSW Fisheries. The fishers felt that the decision had been made regardless of consultation and that the overall ambience at the meeting was negative towards commercial fishing. Furthermore, all fishers considered that the decisionmakers had not adequately addressed their concerns about the consequences of banning commercial fishing (Table 2). 6.4. Disagreement about the reasons for the decision The fishers considered the main reason behind the decision to buy-out commercial fishers was not based on environmental concerns rather it was influenced by economic considerations (e.g., tourism—to attract more

anglers into the waters of Lake Macquarie). They thought that the decision process was expedited by the recreational lobby group – ‘Concerned Anglers Group’ – of the constituency of then minister for fisheries (Table 3). The majority disagreed that commercial fishing had any negative effect on the catch of recreational angling in Lake Macquarie. They did not believe that ban on commercial fishing would improve recreational fish catch. Furthermore, the majority of fishers felt that both types of fishing would not impede on the other and could successfully continue alongside one another. The commercial fishers were prepared to accept major changes in the way they fished in order to remain in the profession. The proposed alternatives offered by the commercial fishers were a change in fishing methods; enforcement of stricter bag limits; and a reduction in net size. As mentioned earlier, the

Table 4 Summary of comments made on compensation issues Question

Comments

Do you feel that the compensation No, as my two brothers and I didn't take the buy out we didn’t receive any compensation for the loss of is adequate? income. No, because they did not pay the value of the actual licensed fishing business. My product was bought at twice the average Sydney Fish market price as it was a premium product but calculation for compensation was based on Sydney Fish Market prices. They offered me less than my taxable income … an insult to 22 years fishing with 25 more years left to fish. No, the compensation did not take into consideration the chances of employment for a workforce that is basically uneducated. Yes and no, I'm using it in repaying my education loan (money received from the government under higher education contribution scheme) which is good, but I now don't have any disposable income. No, the compensation for younger fishers should be threefold to what was received … $50–60 000 each. No, I was only made an offer on the value of my business on the open market, not my personal earnings in my 2 year career. No, I was a nominated fisher (renting) on my Dad's license, so I could only claim for depreciation and retraining.

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commercial fishers put forward a fourth alternative— voluntary buyout of commercial licenses from all estuarine waterways in NSW. This, according to them, would take away pressure of commercial fishing significantly without forcing people to joblessness. None of these proposals were taken into consideration in the final decision-making. 6.5. Confusion about compensation There was confusion about how the compensation packages were calculated. When the fishers were asked if the compensation package offered by NSW Fisheries was fair and adequate they disagreed. Only half of them understood how their compensation had been calculated. They felt that related businesses such as the seafood cooperatives, mechanics, net repairers, etc. should have been considered as eligible for compensation for the loss of business brought on by the ban. The two Mannering Park cooperative workers after 20 years of work between them had to leave their jobs and were not regarded as eligible for compensation. Comments made on compensation issues have been summarised in Table 4. 6.6. Confusion about the future The NSW Fisheries claimed that compensation packages would be adequate for those who would accept this as an early retirement benefit and $10 000 retraining money would be adequate for those who would want to retrain in another trade. The Fisheries further maintained that those who would retain their licenses would still be able to fish elsewhere (NSW Fisheries, 2002). But the results of the survey showed that the majority (91%) of fishers would not seek to continue to fish commercially elsewhere although they had not planned on retiring in the next 5 years. The majority of fishers were not trained for any other form of employment and did not plan to attend any training courses to find employment. Only a few young fishers intended to attend training at tertiary level. One expressed an interest in undertaking a technical course or possibly training to obtain truck license. One was still fishing elsewhere. One fisher believed that employment would be difficult for someone 51 years of age. Overall, the prospect of getting a job in another trade was bleak for most fishers. One of the fishers said to us that he still could not make use of his retraining allowance. The opportunity to use the package would run out within the next year. So he had to enroll into something to spend the money. He was unsure what this training package

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would offer him or what future occupation he would want to use it for. The statement of a 48 year old fisherman summarised what the older fishers with only fishing skill perceived their future to be No idea, I suppose I just got to live like an old man retired. Nobody is going to give me a job, my skills are fishing. I can't get a job in the fishing industry; I can't get a job anywhere else. 7. Social impacts of the decision 7.1. Direct job losses This decision has led to the loss of 426 commercial fishing jobs in 29 lakes in 10 regions (NSW Fisheries, 2002). Thirty-six commercial fishers from Lake Macquarie lost jobs and livelihoods. This is a direct negative economic impact with obvious social consequences. 7.2. Impact on the community There were many businesses directly and indirectly associated with commercial fishing that were likely to be impacted by the decision. Mannering Park fishing cooperative had to close down. Swansea cooperative lost its local supply but remained open with increased dependence on supply from Newcastle cooperative. The local fish shops would suffer most as there would be no supply from the local cooperatives. Some peripheral businesses such as restaurants, transport, boating supplies, net repairers and suppliers, fuel stations and mechanics that received significant proportion of their businesses from local commercial fishers would be affected as well. The local sporting events that received sponsorship from local cooperatives would lose their support. The majority of fishers strongly agreed that commercial fishing in Lake Macquarie was very important for the local seafood industry. 7.3. Loss of lifestyle For many commercial fishers fishing was not just a profession, it was their lifestyle. Kelvin Wynn's family can be used as an example here. Kelvin's family fished commercially in the lake for four generations over a century. His great grandfather first moved from coal mining to fishing in the early 20th century attracted by the lifestyle and quality of life commercial fishing promised. His family formed the cooperative to stop competition among the commercial fishers and to ensure fair and equitable distribution of benefits of fishing to all

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commercial fishers regardless of their size and fishing strength. He and his two sons were full-time commercial fishers when the ban was imposed. Kelvin is currently teaching in a high school. He is one of the few commercial fishers who had additional skills to move to a different profession. Kelvin expressed his dissatisfaction and explained how the decision had affected him I think I am coping, I am still angry and I am still in a rut, I am certainly not devoted to full-time teaching. I am basically marking time until my daughter finishes high school and I will see what I will do then. I think the one that has suffered most is my eldest son Ben. He had an idea of the future of where he wanted to go with the co-op and I think it is going to take a while for him to sort out what he is doing, at the minute he is building stonewalls. As far as status, I have found that, I am a casual teacher here and I am respected, but still it is a loss in status and a loss in earning capacity. I am certainly not committed and too old to go for a promotion. 7.4. Loss of a cultural heritage Commercial fishing in Lake Macquarie was an integral part of the character of the area. All fishers strongly agreed that their industry maintained a cultural heritage very much a part of the Lake Macquarie area. One important cultural impact of the decision was the demise of an age old institution—the Mannering Park Seafood Cooperative. This was not just a cooperative; it was part of the history of Lake Macquarie and nearly a 100 year old tradition of fairness and equitable distribution of benefits. 7.5. Loss of pride The imposition of the ban has created a sense of deprivation, anger and distrust among the commercial fishers. The fishers at Lake Macquarie were a proud group of people and had the feeling that they were doing a great service to the community. The decision was a severe blow to their pride. The fishers thought that they were treated unfairly and felt that a negative attitude by the proponent prevailed during the whole consultation period. The decision created serious psychological and emotional effects on fishers. Don Cameroon, a third generation fisher, made it clear At first I didn't think it had an effect but I've realised since that I have lost my identity because I've been a fisherman all my life and to me that's part of who I was…. We went from being proud to being depressed.

When I started fishing I was proud to be a fisherman because I fed people. It got that bad that I was walking around the streets with my collar pulled up. A more serious incident was reported by the Newcastle Cooperative where a fisher had marriage break up following the loss of fishing right and became suicidal. 8. Discussion 8.1. Community consultation with poor outcomes The ban on commercial fishing in Lake Macquarie had significant social and economic impacts on commercial fishers. Despite apparent efforts by NSW Fisheries to consult commercial fishers, confusions and disagreements remained over a number of key issues. In particular, about the reason for the decision and its intended outcomes; about the community consultation process; about the compensation and how compensation would ensure a secured future for them. The community consultation process did not seem to achieve its intended outcomes from the perspective of the commercial fishers. Despite the lack of evidence of impact of commercial fishing on recreational fishing catches, the phasing-out of commercial fishing from Lake Macquarie was frequently presented as a solution to the perceived conflict (Lake Macquarie Task Force, 1999; WBM Oceanics Australia, 1997). Commercial fishers had agreed to a number of restrictions on their activities including a weekend prohibition on haul netting, exclusion of haul netting from northern Lake Macquarie, and exclusion of commercial fishing from nine other areas around Lake Macquarie (WBM Oceanics Australia, 1997; Lake Macquarie Task Force, 1999). Fishers were prepared to accept major changes in the way they fished in order to remain in the profession. It was evident from the responses that the fishers were conscious of the fact that the well being of the lake was essential for their survival. Haul netting was regarded by recreational fishers as the major cause of damage to seagrass beds and smaller fish and this was acknowledged by the commercial fishers. The Lake Macquarie fishers were prepared to forego this technique in order to appease the long standing conflict with the recreational fishers. On their own initiative, in late 1970s, the commercial fishers gave up fishing each weekend so as to allow recreational fishers uninterrupted access to the waters of Lake Macquarie during peak recreational fishing days. The fishers proposed other options to

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improve on their fishing techniques and some were prepared to accept voluntary buy-out. Moreover, most of the fishers commented on maintaining the ecological health of the Lake Macquarie waters. The fishers felt that they could change their current methods and offered other suggestions such as not targeting recreational species, closing commercial fishing during holiday seasons, and adopting smaller bag limits for crabs, fish and prawns. The fishers were also prepared to accept a voluntary buy-out which would allow older fishers to take early retirement and the younger ones to continue commercial fishing in Lake Macquarie in a more sustainable manner. Non-issuance of any further commercial fishing licenses would automatically reduce the number of commercial fishers in the lake and eventually there would be no commercial fishers. These options were frequently presented to the NSW Fisheries during public meetings as more viable options. This would allow the NSW Fisheries a better resolution to the conflict where the commercial fishers would not feel alienated or unfairly treated in the decision-making process and recreational fishers would also be satisfied with the knowledge that commercial fishers would eventually be removed from the lake. It seems that the decision-makers missed an opportunity to utilize this feeling for a more acceptable outcome for the affected group. The use of the four meetings as the main method of community consultation failed to fulfil the most important objectives of community consultation, namely, sharing information, involving the community at an early stage of decision-making, taking community aspirations into consideration and giving the community the ability to influence the outcome of decision-making (IAIA, 2007; Burdge, 2004; Rickson et al., 1989). These meetings were conducted to fulfil the proponent's institutional obligation to consult the affected community. Despite various documents, including the National Strategy for Ecologically Sustainable Development (NSESD, 1992), enshrining stakeholders' participation in environmentally and socially significantly decisions, there is no legal safeguard for the community that is at the receiving end of the negative impacts, especially in the case of estuarine water resource management. 8.2. Proponents failed to ascertain significant social impacts This study revealed a number of significant social impacts that could have been avoided, minimised or mitigated. The proponent failed to detect these social impacts in advance as they did not conduct a SIA of this

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highly sensitive decision. A proper SIA would not only help identify potential social issues that were likely to flow from the decision it would also facilitate communication with the affected community, sharing information with them and understanding how they interpret the changes that were going to be brought about by the intervention. In the absence of an appropriate SIA, many of the potential social issues are likely to remain unknown (Allen and Gough, 2006) which may lead to a decision that fails to ensure environmentally and socially sustainable management of aquatic resources. Community consultation as defined by the proponent has been used as a surrogate for SIA. The issues papers conducted in the early days of decision-making indicated some social impacts on the commercial fishers but the proponent failed to take those into consideration while the public meetings did not provide adequate means for the identification of these social issues. Most of the fishers were very vulnerable to any change in economic circumstances because they were the sole bread-earner in the family, paying off mortgages and had dependents. The age structure and educational status reveal that they were not likely to learn new skills to look for jobs in other professions. They were unlikely to be able to switch profession as most of them had no second occupation and retraining would be a major problem in the absence of previous exposure to a different trade. These fishers had long attachment to Lake Macquarie and were reluctant to move to other places in order to look for job or fish in other waterways. Because of family tradition in fishing and the love for the lifestyle involved, commercial fishing was not just a job to these people that provided them with an income but it also became indispensable part of their life. The decision is a controversial one due to the extensive history of commercial fishing activity in these areas, a lack of in-depth studies conducted to determine any effects the proposals may have, and the speed with which government departments have acted upon the proposals. It is a decision where recreation and potential economic return have received priority. NSW Fisheries issues papers considered three options for the decision, i.e., continuation of commercial fishing; some restriction on commercial fishing; and total exclusion of commercial fishing. However, there was no discussion with the stake-holders to seriously examine the viability of two earlier options. Total ban seemed to be a foregone conclusion that underpinned all community consultation proceedings. However, it seems from this study that there was a scope for a better decision-making process which would enable NSW Fisheries to minimise the dissatisfaction, anger and distress, and avoid some of the

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social and economic impacts caused by the exclusion of commercial fishing from other similar areas. 9. Recommendations and conclusion After thorough discussions with the fishers it was realised that there was room for improvement in the decision to ban commercial fishing. The suggestions have been summarised in Table 5. The ban on commercial fishing has created anger and frustration among the commercial fishers in Lake Macquarie in addition to the loss of jobs. The fishers believed that they were the victim of a political process that was biased to a certain lobby group. With this decision of the minister recreational fishers received exclusive right of access to the coastal lakes of NSW. The NSW Fisheries did not consider defining fishing rights of conflicting groups before the decision. The decision was based on economic consideration and poor consultation with the affected community. Results of this article revealed that a better decision-making process and outcome would have been possible via a meaningful consultation with the commercial fishers and a social impact assessment which would allow NSW Fisheries to better understand the potential issues relating to the ban and establish a relationship of trust with the fishers through information sharing. This study was conducted on one out of 29 fishing closures where commercial fishers were facing similar situation. There Table 5 Suggestions for improvement in future decisions ▪ More industry consultation on all issues affecting the Lake and fishing. ▪ Take time to consider alternatives. ▪ Directly involve all stakeholders and the wider community in the decision-making process. ▪ Change the assumption that all fishers are ignorant. ▪ Consultation with the fishers to decide on changing fishing methods. ▪ Use a more localised approach to consultation. ▪ Make sure that smaller lobby groups cannot influence the consultation process. ▪ Ensure that potential conflicts of interest are declared prior to community consultation. ▪ Close haul-net fishing on beaches as haul netting kills certain species going out to sea to spawn and therefore reduces new recruits into the lake. ▪ Better education in the community of the pollution affecting the lake from industry and urban development. ▪ Cease dredging the channel and build artificial reefs. ▪ Reduce bag limits, cease fishing and boating in the channel so as to encourage species migration to and from sea. ▪ De-politicise the process and have all decisions regarding resource use determined in the Land and Environment Court. Thus ensuring that advocates from both parties have their chance to state their appeals.

is a need for further research in order to gain a better understanding of the social and economic impacts of the decision on commercial fishing in NSW in general and on commercial fishers in coastal NSW in particular. Acknowledgements The authors acknowledge the support of the Project Grant Scheme, University of Newcastle, for providing financial support for this research. We would also like to thank the commercial fishers who participated in this research. References Allen SD, Gough A. Monitoring environmental justice impacts: Vietnamese–American longline fishermen adapt to the Hawaii swordfish fishery closure. Hum Organ 2006;65(3):319–28. Burdge Rabel J. A community guide to social impact assessment. 3rd ed. Middleton: Social Ecology Press; 2004. Dominion Consulting. Changing the Management of Fisheries in NSW. A Final Report to NSW Fisheries. Dominion Consulting; 2000. Environmental Protection and Assessment Act (EP&A Act), New South Wales Government, 1979, web address: http://www. legislation.nsw.gov.au/maintop/scanact/inforce/NONE/0. Fisheries Management Act, 1994 No 38, New South Wales Government, web address: http://www.fisheries.nsw.gov.au/ recreational/rfa/lm-rfa-summary.htm. International Association for Impact Assessment (IAIA). 2007. Public Participation Best Practice Principles. http://www.iaia.org (accessed 23 February 2007). Kearney RE. Fisheries property rights and recreational/commercial conflict: implications of policy developments in Australia and New Zealand. Mar Policy 2001;25:49–59. Kearney RE. Co-management: the resolution of conflict between commercial and recreational fishers in Victoria, Australia. Ocean Coast Manag 2002;45:201–14. Lake Macquarie Concerned Anglers Group (LMCAG). Creel survey of recreational catches in Lake Macquarie. Lake Macquarie: LMCAG; 1995. Lake Macquarie Task Force. Lake Macquarie: a healthy sustainable lake for quality lifestyle—an integrated estuary and catchment management framework, report to the Premiers Department. Sydney: NSW Government; 1999. New South Wales Fisheries. Policy and guidelines, aquatic habitat management and fish conservation. NSW, Australia: NSW Fisheries, Port Stephens Research Centre; 1999. New South Wales Fisheries. Lake Macquarie—recreational fishing area issues paper. NSW, Australia: NSW Fisheries; 2001. New South Wales Fisheries. Survey of recreational fishing in New South Wales: interim report by NSW Fisheries. NSW, Australia: NSW Fisheries; 2002. National Strategy for Ecologically Sustainable Development, 1992. web address: http://www.legislation.nsw.gov.au/maintop/scanact/ inforce/NONE/0. Otway NM, West RJ, Gibbs PJ. A review of the information on factors affecting the fisheries resources of Lake Macquarie. Cronulla, NSW, Australia: New South Wales Fisheries Institute; 1995.

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Dr. Salim Momtaz is a Senior Lecturer and Deputy Head, School of Environmental and Life Sciences at the University of Newcastle, Australia. He teaches in the area of sustainable development and geographic information systems. His research interests include impact of development on environment and society; SIA in developed and developing countries with special focus on Bangladesh and Australia; and applications of geographic information systems.

Dr. William Gladstone is a Senior Lecturer at the School of Environmental and Life Sciences, University of Newcastle, Australia. He is the Director of the Centre for Sustainable Use of Coasts and Catchments. His research and teaching interests include rocky reef fishes; behavioural ecology; marine conservation biology; marine protected areas; reserve selection; and resource management.