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CRC REEF RESEARCH CENTRE TECHNICAL REPORT
No. 54

Uncertainty in length measurements of live coral trout: implications for compliance to and enforcement of minimum legal size limits.

Bruce Mapstone,CRC for Antarctic Climate and Ecosystems.
Gary Carlos, James Cook Univeristy
Chad Lunow, Queensland Department of Primary Industries & Fisheries
Angela Reid, Queensland Department of Primary Industries & Fisheries

Harvest of reef finfish from the Great Barrier Reef (GBR) is an important commercial and recreational activity. Minimum sizes for retention are an important instrument in managing the harvest of many species. Fishers’ compliance with minimum legal sizes, and enforcement of these by officials, however, assumes the reliable and consistent measurement of the lengths of landed fish.

Recently, breaches by commercial fishers retaining allegedly undersized live coral trout have been challenged based on assertions that fish kept on board vessels effectively ‘shrink’ after capture and that measures of live fish are inherently variable. Prosecutions have failed due to arguments that either of these factors may occur, but there is currently little understanding of their magnitudes. Failed legal proceedings are cause for concern for fishers, who object to unproved accusations of illegal behaviour, regulators, who seek certainty in the prosecution of regulations, and society, which ultimately bears the cost of enforcement.

In this project we sought to assess the veracity of claims that live common coral trout Plectropomus leopardus change size following capture and to estimate the magnitude of variations associated with repeated measurements of coral trout, such as would occur when fishers measured fish at the time of capture and enforcement officers did so subsequently during compliance inspections.

We found that fish kept on board a commercial fishing vessel during normal fishing operations varied in size both positively and negatively over a 10 day trip. There was an overall average “shrinkage” of 1.76 ± 0.76 mm (95% CI). Fish showed a decrease in average size from soon after they were brought aboard the vessel, with the greatest reduction in size occurring in the first 1-2 days. Fish subsequently continued to “shrink” by smaller amounts, reaching their smallest size on the third last day of the trip when they were on average 3.2 ± 1.02 mm (95% CI) below their initially measured size. The greatest daily change in mean size was a positive change, or elongation, of 1.43 ± 0.31 mm (±SE) during the final day of the trip. It was notable that if the large changes in size over the first 1-2 days were ignored, the significant relationship between length of the fish and time at sea disappeared.

Large variations in length measurements were also observed between repeated measurements by different observers (three commercial fishers and two research officers) over short periods (<22.5 hours). These measurement errors, or uncertainties, were generally greater than the effect of fish shrinkage over the 10 days of the trip. Average 95% and 99% confidence intervals on measurements for common coral trout by different observers were 2.91mm and 4.83mm respectively. Average confidence intervals attributable to variation amongst repeated measurements by the same observer were 1.72mm (95% CI) and 2.35mm (99% CI).

Whilst there was a real overall uncertainty due to measurement error, much of this could be eliminated by careful attention to the techniques used to measure the fish. For example, the two researchers, who were using a pre-determined and consistent technique for length estimation, had similar measurement biases and considerably greater precision of measurements than the fishers. The 95% confidence intervals on measurements attributable to between- and within-observer variations for observers using similar measurement techniques were reduced to 2.08mm and 2.16mm respectively.

The fundamental inability to determine an exact ‘true length’ of a fish means that enforcement of minimum legal sizes cannot be ‘knife-edged’ and definite. With knowledge of the magnitude of this uncertainty, however, it is possible to determine the numbers of a given sample of fish that would be reasonably expected to fall below the legal size on repeated measurement simply because of measurement uncertainty. It is also possible then to stipulate how many fish would have to appear to be undersize before a reasonable conclusion would be made that the observations were not attributable to measurement uncertainty and that at least some of those fish were indeed being kept illegally. We present exemplar tables of such ‘unlikely numbers’ to illustrate how knowledge of measurement uncertainty might be used to construct rules for prosecution that include allowances for ‘reasonable’ margins of error. These tables allow fishers and enforcement officers to determine how many fish, from a given sample, they would expect to appear undersized by given amounts due only to measurement variation and see the points at which records of undersized fish become sufficiently frequent to be considered improbable and so warrant prosecution. Very many such tables can be generated, however, each associated with a different level of risk that a prosecution might proceed in error. The choice of what is an acceptable margin for such error ultimately resides with legislators and / or the judiciary. Once such a criterion is set, however, application of a standardised measurement methodology by all fishers and enforcement officers is likely to make enforcement of minimum legal sizes considerably more precise and robust than is currently feasible.

Conclusions and Recommendations

  • Uncertainty in measurement of live reef fish has a clear empirical basis and we have quantified both between-observer uncertainty and within-observer uncertainty and their effects of compliance monitoring.

  • Evidence was found for short-term (days-weeks) changes in sizes of live coral trout held aboard a commercial fishing vessel, but changes were generally small (<5mm).

  • We provide tables of the expected frequencies of fish measured to be under the legal size because of measurement uncertainty in a format designed to provide decision-making criteria for when prosecution is justified on the balance of probabilities.

  • Enforcement, administrative, legislative and industry personnel should be advised of the potential magnitudes both of the uncertainty in measurements and the frequency with which given discrepancies in measurement might be expected during compliance and enforcement monitoring.

  • Further work should be done to verify whether rudimentary instruction in measurement procedures is effective in reducing uncertainties in the measurement of fish and, more importantly, reducing the amount of variation between measurements by different people (e.g. at capture and at compliance inspection).

  • A standard measuring technique should be defined and sent to all fishers and enforcement officers. In the interest of reducing the potential variation between observers’ measures the authors suggest the following: the fish’s mouth should be closed or gently and carefully forced closed, there should be no lateral compression of the body or caudal peduncle, and the length should be measured from the tip of the lower jaw to the posterior margin of the dorsal lobe of the tail. If the dorsal lobe is damaged, a measurement to the end of the ventral lobe should be used.

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