Gavan O'Connor (Corio, Australian Labor Party, Shadow Minister for Agriculture and Fisheries) Share this | Hansard source

I acknowledge the contribution of the member for O’Connor to this debate, and I do apologise for the hurried circumstances that brought him into the chamber early to deliver his speech. We all know the uncompromising manner in which he undertook that pursuit of the vessel. We only wish that that sort of political will remained because, since the member for O’Connor vacated the ministerial post, we have had a succession of ministers who have talked big but have not delivered the goods.

The Fisheries Legislation Amendment (Foreign Fishing Offences) Bill 2006, which we are considering in this place today, makes a number of amendments to the Fisheries Management Act 1991 and the Torres Strait Fisheries Act 1984. The amendments provide for increased fines and for custodial sentences of up to three years imprisonment for persons caught illegally fishing in those parts of Australia’s territorial sea that are subject to Commonwealth fisheries jurisdiction. The area covered by this legislation is the zone beyond a line three nautical miles from the coast, which represents the state or territory boundary, up to a line 12 nautical miles from the coast, which represents the rest of Australia’s territorial sea. Importantly, this legislation does not and cannot apply to areas of the Australian fishing zone that lie beyond the 12 nautical mile boundary of Australia’s territorial sea.

This legislation therefore will not apply to persons caught fishing illegally in the zone between the 12 nautical mile and the 200 nautical mile limit of our fishing zone. This is because Australia, as a signatory to the United Nations Convention on the Law of the Sea, is prohibited from imposing custodial penalties for foreign fishing offences beyond the 12 nautical mile territorial sea limit. This is not the first time that custodial sentences have been included in Australia’s fishing legislation; however, in the Fisheries Management Act and the Torres Strait Fisheries Act, custodial sentences are generally provided only for non-fishing offences such as obstructing a fisheries officer or providing false information.

Labor will support this legislation. We recognise that it is a very small step in the right direction. It will put in place additional deterrents for those foreign fishers who are caught fishing in our waters. We recognise that the vast bulk of sightings by Coastwatch of illegal foreign fishers operating in Australia’s fishing zone are in waters beyond our 12 nautical mile territorial limit and therefore will not be subject to the new custodial provisions contained in the legislation.

The bill before us today is not likely to make a major dent in a problem that has basically been spiralling out of control for many years under successive Howard government ministers. The previous fisheries minister, Senator Ian Macdonald, issued press releases proclaiming victory in the battle against illegal foreign fishers when the situation on the water was getting worse by the day. Senator Macdonald in fact issued 150 press releases claiming success in curbing illegal foreign fishing. Members of the House, who could forget that memorable press release of 24 October 2002 headed ‘We are winning the war against illegal foreign fishing’? While Senator Macdonald was winning the war against illegal fishers in his own mind, Australian fishers operating legally in our northern waters were seeing more and more boats from Indonesia and elsewhere fishing illegally in our waters. Like other Howard government ministers, Senator Macdonald seemed to believe that if he put enough spin on a bad situation he could fool the Australian fishing industry and the Australian public into believing that he had this situation under control and that the minister’s spin alone would be a deterrent to foreign fishers.

As the paper pile mounted, the problem got worse and the illegal fishers got more audacious. I am reminded of that great saying of former Prime Minister Keating’s, when he was challenged in debate by members of the National Party, that listening to them was like getting mauled by a dead sheep. As far as the illegal foreign fishers are concerned, as the paper mounted declaring success in the war against illegal fishers, I guess they were sitting on their boats basically saying that the minister’s words were like getting mauled by the proverbial dead prawn. Quite frankly, this was a disgraceful situation that was allowed to spin out of control by an incompetent minister and a government that lacked the political will to defend our borders.

Here we have a government prepared to spend in the region of $1.6 billion on a useless war in Iraq and yet our northern borders were leaking like a sieve. The danger that that posed not only to our economic interests but to our agricultural interests and other areas was quite substantial. The fact of the matter is that Senator Ian Macdonald did not have the situation under control at all. He was not winning the war against illegal fishing, and his failures eventually grew to the extent that he was becoming a liability for the government and he had to pay the ultimate political price—that is, he was removed.

I am quite proud of the fact that, on my watch, two fisheries ministers bit the dust. They had to be removed. The opposition put intolerable pressure on an issue that should have been front and centre of the government’s consideration but, while it was distracted elsewhere in a useless war costing billions of dollars, Australia’s northern borders were leaking like a sieve. One tactic often used by Senator Macdonald, in an attempt to distract attention from his own policy failures, was to blame the states. Where have we heard all that before? If you get into trouble for a hopeless policy failure, you blame the Labor states. In a situation that demanded the highest level of cooperation between state and federal authorities, Senator Macdonald did the opposite and fought with his state and territory counterparts.

Perhaps, though, we could see this as an improvement on the performance of his predecessor, the member for O’Connor, who preceded me in this debate, who, at one stage when fisheries minister, wanted to carry the fight to Tasmanian fishermen out the back of the forum, according to a little birdie who whispered in my ear. I know the member for O’Connor is quite formidable in this regard, but I think he bit off a bit more than he could chew on that particular occasion with the Tasmanian fishermen.

I give the new Minister for Fisheries, Forestry and Conservation, Senator Abetz, credit for at least trying to develop a better working relationship with his state and territory counterparts than either of his two predecessors did. Labor will support him in any measure that is designed to lift genuine cooperation between the Commonwealth and the states and territories on this issue of importance to the Australian fishing industry and the Australian public.

Such cooperation will be absolutely vital if we are to make major inroads in getting on top of this very difficult and serious problem. There has to be a high level of sharing of intelligence, equipment and personnel between the Commonwealth and the states and territories if we are to be successful in this fight against illegal fishing. I caution the new minister, however, about getting into the bad habits of his predecessors in mistaking spin for success. In a recent press release, Senator Abetz used the words ‘highly successful’ in his description of a one-off exercise. A one-off exercise, even if it is highly successful, will not solve this problem. Only concerted, cooperative action with the states and territories in the long term will bring us ultimate success.

We really need to understand the real dimensions of this problem. In answer to a question on notice the Attorney-General advised that between 1 January 2003 and 31 March 2004 there were 1,588 sightings of vessels in Australia’s exclusive economic zone suspected of breaching fisheries laws. Over a 15-month period, beginning in January 2003, there were 1,588 sightings of possible illegal foreign fishing vessels in our waters. Last year, during supplementary estimates, Coastwatch reported that in the 2004 calendar year there were 8,108 sightings of possible illegal foreign fishing vessels in Australia’s fishing zone. Coastwatch now says that in the 2005 calendar year there were 13,018 sightings. Even if this particular figure has been inflated as a result of multiple sightings of the same vessel—and I am including vessels that have been legally transiting through our waters—it is clear that incursions by foreign fishing boats operating illegally in our waters are increasing at a rate that should be setting off alarm bells in the cabinet room.

I acknowledge that over time there has been an increase in interceptions but, unfortunately, apprehensions have only been a drop in the bucket, compared to sightings. Last year, only about three per cent of those boats sighted by Coastwatch were actually apprehended. Until recently, there was an increasing tendency to deal with those foreign fishers, who were unlucky enough to be intercepted, by the so-called legislative forfeiture method rather than by taking them into custody. There is ample evidence that many of the foreign fishers, who have had their fishing gear and catch seized under the legislative forfeiture provisions, have headed straight back to the Australian mainland where they had previously secreted caches of fishing gear, stocked up and immediately started fishing again in our waters.

In 2000 there were 101 interceptions, of which 23 per cent were dealt with under what we have termed the ‘tag and release’ provisions. In 2001, 33 per cent of the 119 illegal foreign fishers intercepted were tagged and then released. The corresponding figure for 2002 was 24 per cent of the 1,444 intercepted; for 2003, it was 29 per cent of the 196 interceptions; for 2004, it was 43 per cent of the 289 interceptions; and, for 2005, it was a massive 53 per cent of the 607 illegal foreign fishers intercepted.

A cursory look at these statistics indicates that we have a tag and release policy in place that is not getting on top of the problem. Last year, over half the illegal foreign fishers who were caught had their catch and gear confiscated and then they were set free to re-equip their boats and start fishing again. During estimates hearings last week, we were told that a higher percentage of those boats intercepted this year have actually been towed in and their crews charged. It seems that someone has finally acknowledged what I have been saying for a long time: tag and release simply does not effectively deter illegal foreign fishers from plundering our fishing stocks in our waters. This is particularly the case where it seems that they can easily restock from bases set up in remote creeks on the Australian mainland—and they can do that, apparently, with impunity.

The dimensions of the problem were clearly elaborated on by Australia’s most senior fisheries bureaucrat in a presentation to the Indonesian government last year. Mr Daryl Quinlivan is now Deputy Secretary of the Department of Agriculture, Fisheries and Forestry and was previously manager of the fisheries and forestry division of that department. Mr Quinlivan told the Indonesians:

Not only are we seeing a greater rate of incursions but also a significant shift east and into the Torres Strait Protected Zone, penetrating deep into the Gulf of Carpentaria, often landing on mainland Australia, and further south-west, targeting Rowley Shoals.

So there we have it: a very honest admission and appraisal by a senior fisheries bureaucrat of the real situation of illegal fishing in Australia’s waters. Thank goodness for that—at least we have someone with a degree of honesty prepared to front up and tell it how it is. It is a very important issue for the Australian fishing industry. That is in direct contradiction to the then minister’s claims that we were winning the war on illegal fishing. We had Australia’s most senior fisheries bureaucrat speaking with candour and admitting that the number of incursions is increasing and that illegal foreign fishers are penetrating deeper and deeper into Australia’s waters and territorial zone.

But it was not the only issue that was dealt with in Mr Quinlivan’s speech. He dealt with another issue that I have raised a number of times in this place and in the public arena. That issue is the considerable quarantine risk imposed on Australia as a result of these incursions. Mr Quinlivan said in the course of his presentation:

Another significant concern to Australia are the quarantine risks posed by the possible introduction of marine and terrestrial pests as well as human and animal diseases.

Many vessels have been sighted along river beds and mangroves on the Australian mainland. Some have been known to establish hidden storage sites on land where additional storage of fishing equipment and resupply are kept.

From the quarantine and national security perspective, this is obviously not acceptable and the Australian Government is gravely concerned about this activity and the potential for this activity to be used for other activities such as people smuggling, foreign terrorism and the trafficking of weapons and narcotics.

Mr Quinlivan said things in that speech that I have heard many times over the years in the course of my discussions with fishers, fishing representatives, industry representatives, state and territory officials and Commonwealth fisheries officials all around Australia. We have seen reports of illegal foreign fishers bringing with them birds, dogs and other animals, and we know that these animals are sometimes brought to camps on the Australian mainland. We know that many of these fishers themselves carry diseases such as tuberculosis and that their animals have the potential to be carrying bird flu, rabies and even foot and mouth disease. Australian fishers have told me that they often come into contact with illegal fishers and they are concerned about the possible health consequences of that contact. It is clear that these incursions pose a serious quarantine risk to Australia’s plant and animal industries and to our native flora and fauna. They also pose a serious human quarantine risk.

But it is not only the quarantine risk that Australian fishers worry about. I have spoken many times to fishers from right across Northern Australia. I have also spoken to front-line state, territory and federal fisheries officials and ministers. These fishers, officials and ministers tell me that they are concerned that the illegal foreign fishers are becoming increasingly aggressive in the way they operate. Fishers have told me about waking up in the night out at sea and finding foreign fishers on their boats searching for food and water. I have been told about instances of boats being rammed. I have been told about suspected links between some illegal fishers, drug importers and people smugglers. There is also evidence that these fishers are becoming better organised. The minister himself has pointed to links between the foreign fishers and organised crime figures from Indonesia and countries further to our north. Australian fishers and officials have told me that they are seeing more boats from more distant areas in Indonesia, as well as those from the closer islands, such as Roti, who have been fishing in our waters for a very long time. As well as this, we are seeing bigger boats, iceboats and even mother ships and factory boats.

The changing nature of this problem can be seen in microcosm in the changing nature of the fishers being encountered in the so-called MOU box. When the sea boundary with Indonesia was originally negotiated, the MOU box, which lies within Australian waters, was set aside as an area where traditional fishers, principally from the island of Roti, could fish in the traditional way, as they had for generations. These days it is not only traditional boats from that island that are encountered in the MOU box; today we see powerful boats with very sophisticated fishing equipment using the MOU box. I am told by Australian fishers that fish stocks in that area have become severely depleted and we are on the verge of an ecological disaster.

This highlights the need for better cooperation between the Australian and Indonesian governments, especially on issues such as who may fish in the MOU box and other border related issues. The simple fact is that when we entered into that particular agreement it was on the basis that traditional fishers would have access to Australia’s fishing zone, and from Australia’s point of view we felt that that was an important compromise and a necessary one to ensure a good relationship between Australia and Indonesia on these matters. But it is clear we have to revisit this issue, because the boats that are fishing there now have plundered the resource to the point where it is ecologically and economically unsustainable. Of course, those boats are now moving closer to the Australian coastline in search of fish.

It is clear that illegal incursions into our waters by foreign fishers are simply out of control. The measures in this bill alone will do little to alter this alarming situation. It is for this reason that I now move:

That all words after “That” be omitted with a view to substituting the following words: “whilst not declining to give the bill a second reading, the House condemns the Government for its failure to properly police Australia’s northern coastline and its failure to deter foreign fishers from illegally plundering fish stocks in the Australian fishing zone”.

This is a national problem demanding a coordinated national response, but I am not convinced that we are getting the coordinated response that is needed. State and territory officers who are on the front line have told me that information sharing among the various authorities dealing with this problem is not always what it should be. They say there is a particular problem with some Commonwealth agencies that are very reluctant to share vital information. This is a situation that ought not to be tolerated by any Commonwealth or state minister. It is absolutely vital that Australia’s territorial integrity be protected, and we demand of those bureaucrats from the state and the Commonwealth level the highest level of cooperation to get on top of this particular problem. Officers tell me that coordination is not always as good as is needed and that the best, most efficient use is not always made of existing available equipment and human resources. Better coordination and cooperation between authorities is vital if we are going to successfully get on top of this problem.

I note that the minister has at last acknowledged the importance of this and that some funds for this purpose were made available in this year’s budget. But acknowledging the problem is simply not enough. This alone will not ensure better coordination and cooperation between Commonwealth agencies. Labor has long advocated bringing the federal agencies and equipment together in a well-equipped Australian coastguard as the best, most effective way of ensuring a well-resourced and well-coordinated response.

In addition, there needs to be a renewed spirit of trust and cooperation between federal and state and territory authorities. On the ground, I have been told in many places that such cooperation between state and Commonwealth officers is the norm at the local level. The problems that we are encountering in that cooperation occur higher up the command chain. Ministers in particular have been far too fond of blame shifting and pointing the finger at one another. The previous federal fisheries minister blamed the states and territories. It has become a way of political life for coalition ministers.

We also need to utilise the local knowledge and long experience that lies in local communities, particularly Aboriginal communities, right across Northern Australia. I have been advocating this measure for years and finally the government has seen fit to put some resources into this area. The government has finally come around to at least acknowledging that in many Aboriginal communities lies a wealth of experience that can be better used in surveillance and other activities associated with curbing illegal foreign fishing. But it is a very tentative start. From my discussions with local officials and with communities, it has become clear that to make the best use of Indigenous expertise a well-funded, well-structured and well-coordinated program is needed.

Aboriginal rangers should have training opportunities available to them that will equip them with skill sets roughly equivalent to those possessed by state or territory fisheries or national parks service officers. It is not beyond our wit to achieve that over time, and we would improve the surveillance and apprehension effort to boot. I believe that appropriately qualified Indigenous sea rangers should be made officers of the relevant state or territory parks and wildlife and fisheries services with the same support, career and further training options as other officers. They should also be provided with all the specialised equipment they need to do the job. Better use should be made of the resources and expertise of the Australian fishing industry. Again, the government has made some noises in this area, but we have yet to see what, if anything, will happen in practice.

The legislation before us today has the support of the opposition, but nobody should pretend to believe that it will do more than scratch the surface in deterring illegal fishers from fishing in our waters. What is needed is a better focused effort from the Commonwealth, and Labor believes that this will best be done with an Australian coastguard. There needs to be better coordination across all levels of government and with the Indigenous community and Australian fishers. Much work still needs to be done with the Republic of Indonesia on issues such as the MOU box and the border and on finding viable alternatives for Indonesian fishers who have been operating in our waters.

This is a serious matter. We have seen for 10 long years the continued plundering of Australia’s fishing resources by illegal fishers. While this government has issued press releases, the problem has got worse. We have seen Commonwealth ministers removed from their portfolios because of the heat generated by this issue for them, and we have yet to see the level of political will and cooperation necessary from the government to get a response that is going to drive the illegal fishers out of Australia’s territorial waters.

As shadow minister for agriculture, I appreciate how dangerous these incursions are to our great beef industry and other industries in rural Australia. We know that these illegal incursions can be associated with the carriage of very serious diseases that could decimate key industries in regional Australia and key export earners for this country. It ought to be a matter of the highest priority for any national government to secure the borders of its nation. If that alone is the criterion by which to judge this government, then this government has failed.

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