Burke extends trawler ban

The Abel Tasman berthed behind razor wire at Port Lincoln, South Australia, in September. Picture: IVON PERRIN

A BAN on commercial fishing in Australian waters by the super trawler Abel Tasman will be extended for two years while the environmental impacts are assessed, the Federal Government says.

Environment Minister Tony Burke said the extension would take effect from midnight today.

Mr Burke made an interim declaration on September 20 prohibiting this type of fishing activity for 60 days.

"During this time I invited and considered written submissions from fishing businesses," the minister said in a statement.

"After considering the matters raised in the submissions, I am of the view that there is uncertainty about the environmental impacts of this type of fishing operation and it is appropriate to prohibit it while it is assessed by an expert panel."

The decision could lead to legal action being brought against the Government by the trawler's operator, Seafish Tasmania.

"The company have made clear, public and personally, that if they thought they needed to they would pursue all legal options available to them," Mr Burke told reporters in Canberra.

But he said the Government was on "completely strong legal ground" to counter any compensation claims or legal challenges.

It was not uncommon for commercial projects to be held up by environmental regulations while checks were carried out, Mr Burke added.

In its submission, Seafish Tasmania attempted to appease the Government by offering to use less than half the factory ship's freezing capacity and to move on from fishing areas once a certain tonnage was caught.

But Mr Burke said his department had gone through each of the arguments put forward by the company and still remained dissatisfied with "genuine uncertainty" around the vessel.

The Abel Tasman's ability to remain in one location for an extended period, storing its large catch in on-board refrigerators, was highlighted as a key area of concern for the Environment Minister.

Mr Burke and Fisheries Minister Joe Ludwig will now establish an expert committee to study the environmental impact of super trawlers over the next two years.

Once the panel has assessed the science, the Abel Tasman could in theory recommence fishing if given the green light.

For now, however, the 142m-long, Dutch-owned ship, remains stuck in Port Lincoln, in South Australia.

Mr Burke denied the Government's decision created sovereign risk issues for Australia.

"The nature of environment legislation is that you have tough thresholds that companies need to be able to meet," he said.

"There are occasions where companies fall short."

Australia's fisheries management, which is to undergo a root and branch review, "stacks up well" when compared with the rest of the world but wasn't able to deal with everything, he said.

Kembang Trotoar