WA fishing ban challenge lands in court as industry mounts fightback

A major court challenge to the WA government’s sweeping demersal fishing ban has been decried as “corporate bullying” by the state’s peak conservation body, as a petition launched by an industry coalition urges a reassessment of the fish stock data used to justify the heavy restrictions.

The local arm of South African-headquartered Sea Harvest Group and Westmore Seafoods have lodged legal action against the government reforms, specifically the ban on trawling in the Pilbara fishing zone, which the companies argue raises issues of sovereign risk, and protection of property rights, among others.

Lawyers for the companies and the state government converged on the WA Supreme Court on Monday for the first hearing, with the matter to return to court in April.

In a statement released before Monday’s hearing, Sea Harvest Australia chief executive Danie du Toit said the government’s ban effectively meant “a legitimate and approved foreign direct investment has been expropriated without consultation or compensation”.

“Banning a fishing method that’s globally recognised and certified as most efficient and sustainable in the context of food security considerations simply makes no sense,” du Toit said.

Sea Harvest executive director Richard Duncan said in the statement that the decision would have “significant flow-on impacts” across the seafood supply chain.

“This sort of capricious action creates an acute sovereign risk to investment across the fishing industry throughout Australia,” Duncan said.

The statement claimed the Pilbara demersal fishery had been operating under a “long-term, science-led recovery plan” to stabilise and regenerate fish stocks while continuing commercial fishing that was still in its first phase when the government ban was announced.

However, Conservation Council of WA executive director Matt Roberts said the demersal ban was “a hard decision for the government to make – but it is the right call”.

“The decline of demersal fish stocks is not new and other actions to protect the species have failed – resulting in a population in serious decline,” he said.

“If Sea Harvest and Sea Fresh didn’t see this coming, then they need to look at how their companies assess risk.”

Roberts said the court case launched by the companies was the sort of action that curtailed the government’s appetite to do the right thing.

Fishing industry bands together in face of permanent ban

Meanwhile, the industry further south in the state is questioning the claim some demersal fish stocks are in such dire straits that a complete commercial fishing ban from Kalbarri to Augusta is warranted.

A coalition of industry figures have banded together to form Fish For All, and have launched a petition to urge Fisheries Minister Jackie Jarvis to pause the ban’s implementation, conduct an independent statewide biomass survey and give the fishing community opportunity to identify a “sustainable” solution.

Fins Seafood co-owner Phil Clark, who owns licenses in several WA fisheries, told media on Sunday the industry had not predicted such a severe cut and permanent ban.

“It doesn’t need to be this way, and there’s enough fish resource out there, and we really need to do some really good, reliable science to work out whether or not there’s more there than what we think,” he said.

Clark said there had been significant changes in the recreational and commercial sector, and claimed the data used to justify the ban had been taken from before those changes were made.

He called for an independent scientific body to study the fish biomass off the WA coast, “because that way we can all trust the data”.

“At the moment, we don’t trust the data that’s been put into the models,” he said.

Commercial fisherman Phil De Grauw, who has worked out of Kalbarri for 40 years, said he was “blindsided” by the government’s decision.

“Our whole goal is to have sustainable fishing, [if] we haven’t got a sustainable fishery, our livelihood and everything we do is in question,” he said.

“But unfortunately, this decision made ... was more a blanket approach.”

De Grauw said pink snapper stock, judged by catch-per-unit, was at a record high, and claimed the government had ignored suggestions over the past decade to move restrictions to a quota system.

Jarvis would not comment on the legal action from Sea Harvest and Westmore Seafoods, but said she welcomed the opportunity to meet Fish For All and had already reached out to the collective.

“The latest scientific stock assessment by the Department of Primary Industries and Regional Development shows demersal species like dhufish and snapper are at severe risk of overfishing in parts of WA,” she said.

“Urgent action is needed to protect these iconic species for future generations.

“DPIRD fisheries scientists have been monitoring fish stocks for more than 50 years and their stock assessments are independently verified and use globally accepted best practice methods.”

Jarvis said the government knew the restrictions would have an impact, but the actions were not taken lightly.

“We want to ensure our kids and grandkids can continue to enjoy fishing in our beautiful State for years to come,” she said.

Jarvis pointed to the $29.2 million Fisheries Support Package to support those affected by the bans, however opposition fisheries spokeswoman Kirrilee Warr has previously lashed that for being inadequate.

“This government’s attempt at compensation for shutting down industries in multiple parts of the state is pathetic,” Warr said.

Be the first to know when major news happens. Sign up for breaking news alerts on email or turn on notifications in the app.