Fisheries Management (Cuttlefish—Northern Spencer Gulf) Amendment Bill

Second Reading

The Hon. L.P. HOOD (Adelaide—Minister for Climate, Environment and Water) (16:17): I move:

That this bill be now read a second time.

I am very pleased to introduce the Fisheries Management (Cuttlefish—Northern Spencer Gulf) Amendment Bill 2025. Each year, tens of thousands of cuttlefish arrive on the rocky reef around Point Lowly in the Upper Spencer Gulf and take part in the only known dense spawning aggregation of this species in the world. Many South Australians are aware of how fortunate we are to have the iconic and unique population of giant Australian cuttlefish that aggregate off the coast of Whyalla each year.

The giant Australian cuttlefish aggregation is one of those natural phenomena that captures the wonder of all those fortunate enough to have experienced it—an incredibly beautiful show of nature and, in many ways, it is nature at its finest. The shapeshifting, colourful and complicated mating process for this species is as visually spectacular as it is critically important for its sustainability and longevity. Of course, this in turn draws people from all over the state, the country and the world to bear witness to the beauty of not only our cuttlefish but also their environment, and while they do so they also gain an appreciation of the beauty of the Upper Spencer Gulf region as a whole.

Through this bill, the government seeks to continue the prohibition on the take of cuttlefish in the Northern Spencer Gulf through arrangements in the Fisheries Management Act 2007 to provide more certainty and permanency to the existing regulated closure. In 2022, the government implemented a one-year temporary section 79 closure on the take of cuttlefish in the Upper Spencer Gulf in line with our election commitment to do so. The section 79 closure provided time to draft and implement regulatory protection, and in 2023 the government regulated this spatial closure under the Fisheries Management (General) Regulations 2017.

We now seek to give this species the highest level of protection we can within the legislative framework by incorporating it into the Fisheries Management Act 2007. The proposed amendment to the act is about long-term protection of the species, ensuring future generations can continue to visit the Northern Spencer Gulf and experience the magic of our giant Australian cuttlefish.

The proposed amendment has been considered by key stakeholders, including our important fishing sectors and regional stakeholders, as part of the consultation process undertaken by the Department of Primary Industries and Regions. Importantly, this bill simply seeks to move the current cuttlefish closure into the act. This means the location or size of the closure area will not change from what is in regulation currently. The amendment is not expected to impose any new or additional restrictions on commercial, recreation or traditional fishers. The fishing prohibition relates only to the take of cuttlefish species and will not therefore restrict the take of southern calamari or octopus within this closure area.

While the bill provides certainty for the protection measures in place for the species, it also provides certainty for investments and tourism opportunities around the Northern Spencer Gulf, which is already doing an incredible job in realising the opportunities that the aggregation presents to the community, with these opportunities growing every year, as more and more people flock to the region to take part and see the giant cuttlefish.

Through the algal bloom, the government took early and decisive action to further protect cuttlefish in the event that the algal bloom reached the cuttlefish coast by installing a 200 metre by 100 metre air curtain to protect up to 800,000 cuttlefish eggs laid throughout the aggregation. The innovative technology creates a barrier that disrupts the movement of algae, which stops it from travelling through the bubble curtain. Fortunately, the bloom has not impacted the region directly and, as a result, we have not had to call upon the bubble curtain for protection. Despite this, the installation of the curtain demonstrates our government's commitment to protecting our unique and vulnerable species, and the curtain will remain available for use in subsequent giant cuttlefish hatching seasons if it is required.

Most eggs from this winter's spawning season would now be expected to have hatched, and I am advised that there were positive signs with good egg numbers, which is wonderful to hear. Given the significance of the giant Australian cuttlefish, the bubble curtain remains a proactive measure that adds an additional layer of protection, enabling the precious eggs to hatch and become the next batch of giant Australian cuttlefish that will then take part in future aggregations, noting that, sadly, the cuttlefish does only live around one to two years and often dies after spawning, adding further intrigue to these very majestic creatures. This measure works well alongside strengthening cuttlefish protection through the Fisheries Management Act 2007.

At its heart, this bill is about sustainability and preservation of an iconic species. Around a decade ago, there was concern for the future of giant Australian cuttlefish, as they reached record low numbers. The strong actions to protect the species at that time, along with their well-known natural variability, has seen a recovery over the past decade, with numbers well above those seen in the early 2010s. I commend the Fisheries Management (Cuttlefish—Northern Spencer Gulf) Amendment Bill 2025 to the house and look forward to further debate. I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Fisheries Management Act 2007

3—Insertion of section 75A

This clause inserts new section 75A as follows:

75A—Taking of cuttlefish in certain waters of Spencer Gulf

Proposed section 75A provides that, unless a person is authorised by a permit issued by the Minister, it is an offence for the person to take cuttlefish (Sepia spp) in the northern waters of Spencer Gulf.

Mr BASHAM (Finniss) (16:23): I rise as lead speaker for the opposition on this bill to amend and enshrine the protections into legislation to prohibit the taking of cuttlefish in Northern Spencer Gulf. Personally, I had the opportunity back in June 2021, when I was minister for primary industries, to go out and swim with the cuttlefish and see them first-hand. There are some photos out there of me in a wetsuit that people do not need to see, but it was a nice experience to head out there and swim with them. My eldest daughter joined me at the time. She was the only other member of the family I could convince that June was a good time to go for a swim and it was fantastic to see.

It was certainly an important thing for me at the time to see because I was very keen to understand the pressures that were going on there. There were many discussions going on and I actually increased the protected area at that time as minister to make sure that we looked after the particular zones that were necessary. I was very pleased to be involved in that process at the time. I think it is really important that we continue to make sure we look after this going forward, so we are supportive of moving this into legislation.

I foreshadow that we will ask just one brief question in the committee stage about how we are going to enforce the boundaries to make sure people understand where they need to be and what they need to do. That is just one minor question in the committee stage. I am happy if the minister wants to answer prior to that and not go into committee. I am also happy to take that as an answer to that question. With those few words, I will conclude my remarks.

Mr HUGHES (Giles) (16:26): I enthusiastically get up to support this amendment bill. I first came across the giant Australian cuttlefish many years ago, in fact over a quarter of a century ago. When my kids were very small, I used to take them out to a rock that we would wade out to west of Black Point, between Black Point and False Bay, and we would go out there fishing. It was sometimes like an aquarium on those still, early winter mornings and we would actually catch a heap of cuttlefish. At the time, we did not realise what was actually going on. We thought, 'Well, we are catching a lot of cuttlefish here.' We used to go for a couple of years to catch a lot of cuttlefish and eat them because they are very, very good eating.

Everything came to a head in the mid-nineties. In the mid-nineties around about four tonnes of cuttlefish were taken. It was a very sustainable catch. Then some commercial fishers, small in number, probably less than a handful, found there was a market for cuttlefish in Asia. They were getting a price of somewhere between $2 and $3 a kilo. They turned up in Whyalla to totally hammer the cuttlefish aggregation and we went from a four-tonne-a-year take of cuttlefish throughout the state, mainly around Whyalla, to 250 tonnes a year in 1997 when they were out there, the peak of exploitation. If that had continued, they would have wiped out something that was globally unique.

Of course, a number of people in Whyalla, including myself—I was on the council at the time, so I have been involved in this sort of stuff for a long time—started to agitate about what was going on and there are some people who really need to be acknowledged here. Tony Bramley, who had the dive shop in Whyalla, plus had a range of commercial diving operations, became an incredible champion for the cuttlefish breeding aggregation.

Carlo Possagno, a fantastic photographer, captured the beauty and fascination of the cuttlefish. Chris Fewster, a commercial fisher, is incredibly committed to the waters of the Northern Spencer Gulf, so he was there as well looking to protect the cuttlefish. There was Ron Hardman, who also took some amazing photos that I used in some of my election material when running for council.

So a combination of people then put pressure on the government and on the department to recognise what was going on in Whyalla and so, over a period, protections were introduced. It was initially temporary protection on a seasonal basis and over time that protection was extended.

It was the Weatherill government and it was referred to the drop-off in numbers. This was after the commercial exploitation had finished, about 10 years after or thereabouts, where there was a drop-off in population. As you do get in nature, and especially in the marine environment, there is variability. We do not fully know today why there was that drop-off in population but, as a result of that, the Weatherill government introduced a far more comprehensive protection.

That protection introduced a new take zone from around about Arno Bay across the gulf to just north of Wallaroo. It was a no-take zone for cuttlefish, but closer into the breeding aggregation there was more full-on protection. There were parts of that the zone where you could not fish for any cephalopod. Given the manner in which cephalopods are fished, when you are fishing for squid—not that there is much octopus up Whyalla way, but a lot of people fish for squid—you could in that aggregation area easily catch a cuttlefish. False Bay was protected and then over time there was more intense protection around the rocky fringes to the point where part of it was listed on the National Heritage List, a recognition of just how important the area is, and so protection was introduced over a period.

I listened to the member for Finniss, which was a little bit of an interesting take—and I do not blame the member for Finniss as it was his predecessor as the fisheries minister. His predecessor actually opened up part of the cuttlefish breeding aggregation to commercial exploitation. I was out there talking to people from Brazil, from South America, from the United States and from all over Australia who were diving on the cuttlefish and meanwhile, just around the corner, on the Point Lowly peninsula itself, the commercial industry was once again hammering the cuttlefish—not to the extent of back in 1997, but they were taking literally tonnes of cuttlefish.

What sort of message did that send? In the estimates committee that year—we were in opposition obviously—I expressed my frustration with what was going on but it was actually left. It was one of my election commitments to my community, which the then Minister for Environment had fully supported, as did the Labor Party, that if elected, we would reinstate the full protection for the giant Australian cuttlefish. Within weeks of being elected, we had reintroduced protection for the cuttlefish and the whole no-take zone—which was initially, and still is, a precautionary application and principle—from Arno Bay to just north of Wallaroo, and of course we clamped down on the commercial industry exploiting part of the aggregation.

There is a vulnerability around the giant Australian cuttlefish in the Northern Spencer Gulf. It might be an example of genetic drift but genomically it is very similar to the overall cuttlefish population, which is why it spread all the way from Geraldton in Western Australia to Coffs Harbour in New South Wales, but this is the only place in the Northern Spencer Gulf where they aggregate. They have a behavioural repertoire, a reproductive approach that differs from all of the other cuttlefish.

In some definitions of species—and there is a number of different definitions of species—reproductive isolation through a particular behavioural repertoire can count as a species. I have no doubt, given the pressures at work—salinity and temperature and other factors—that we are seeing an example of genetic drift when it comes to this particular population in the Northern Spencer Gulf. There is a little bit of overlap based on the sampling that is done with the broader population, but in that overlap there is not intermingling. There is something very particular about the Northern Spencer Gulf.

I guess the argument that has been put relates to the bottom in the Northern Spencer Gulf. There is not much in the way of reef, and so you get that aggregation around the Point Lowly peninsula. Indeed, you even get some aggregation happening around the breakwaters at the steelworks and also at the marina on the northern side of the Point Lowly peninsula. You get some aggregation there. It is interesting that there is some colour differentiation between the ones on that side of the peninsula and the ones on the other side of the peninsula, even though they are the same grouping.

The cuttlefish itself is fascinating. It is the largest cuttlefish in the world. It can grow up to a metre. Its anatomy is somewhat strange. Doctor Who might have two hearts, but these have three hearts—two of the hearts servicing the gills and one heart servicing the whole of the body. We transport oxygen around our bodies with haemoglobin. It is the haem, or the iron content of red blood cells, that transports the oxygen around our bodies, but the cuttlefish have green-blue blood, which is the result of copper playing the role that iron plays in our body. That is actually in common with prawns, which have something very similar, and a number of other marine species that also use copper instead of iron.

The protection of the cuttlefish and the publicity surrounding it draws people in from all around the world. As I said, I have spoken to people from South Africa, from Brazil, from America, from Europe and elsewhere. They read about it in diving magazines and they come to Whyalla specifically to dive with the cuttlefish, because of the colour displays and the behaviour that is entered into, with small males pretending to be females to get under the guard of big males.

There is a fancy Latin term that essentially means 'root once and you die'. I cannot remember the fancy Latin term, but generally speaking cuttlefish, in common with other cephalopods, breed once and die. As the minister said, the cuttlefish only live for a year to two years. When you see all those cuttlefish bones on your beaches to give to your budgies or whatever, that is as a result of the death that occurs after breeding.

You go back to the first base. To me, it is the intrinsic importance of this as part of our marine environment and our broader environment, and that is the reason it deserves protection. But the other element is that because we provide that protection we have then generated commercial opportunities for Whyalla. We actually get a peak in visitors in the winter months as a direct result of cuttlefish. Whyalla has not necessarily been one of those places that is a destination tourist site. People, before the snapper ban, would come and fish, because we have big snapper. There was a bit of that going on, but it is not necessarily a destination place.

It is a place where people might spend a night and drive through on the way elsewhere, but because of the cuttlefish it has become a destination site. As a result of that, a number of commercial operators have moved in. There is Matt, from Port Lincoln, with Cuttys. That was the first of the glass bottom boats. He does a good spiel when you go out on the boat and he was the first mover, so good on him for doing that.

Then we have other players who have moved in as well, and it is fantastic to see that we have Steve there now and he is doing a great job. He has also purchased a glass bottom boat. That is Spencer Gulf Adventure Tours and he concentrates on the cuttlefish in the winter season. The other thing that Whyalla has that is pretty special—and you do not have to go all the way to Monkey Mia—is you can come to Whyalla because the behaviour of the dolphins around Whyalla itself and in the marina is something that has altered over the years, so you get pods of dolphins virtually interacting with people. You have to be careful about all of that but that is something that has happened over many years and Steve Storic also does tours, marine-based tours of the steelworks, going into the harbour and looking at the various elements there, and also in relation to Santos and some of the other marine species. So we have some commercial operators also attracting people.

One of the things about the cuttlefish aggregation is that you do not need to have a full scuba outfit. You can get in with your snorkel. I would advise a thick wetsuit because we are talking about winter and the water is cold and the cold temperature is a bit of a trigger for the cuttlefish to aggregate. You can just wade in a few metres, immerse yourself, and you will be seeing cuttlefish and their amazing behaviour, their amazing display of colour.

Not everybody is in a position to do that, and that is why the glass bottom boats have been a real plus for people who are not confident to dive or who might be frail or might have other conditions. Some people might be afraid of sharks—no-one has ever been taken by a shark in the Northern Spencer Gulf. I think the only shark-related death was when a shark came out of the water when someone was at his outboard and he had a heart attack. That was many years ago. No-one has ever been taken by a shark in the Northern Spencer Gulf, so it is very safe—just a bit of useful information for people. But for those people who for whatever reason cannot enter the water, the glass bottom boats are really great. Both Steve Storic and Matt give a good rundown about the cuttlefish, the ins and outs of the cuttlefish, and they are both good storytellers.

There are a number of books around. Carlo Possagno has a book with a lot of pictures of cuttlefish that he has taken over the years. There are some amazing pictures. It is the sort of place that has attracted the attention of major documentary makers from around the world. It has also featured on the Attenborough documentaries, so we get film crews coming to Whyalla to film the cuttlefish and the unusual behaviour of the cuttlefish.

As I said, I have had some involvement with cuttlefish for over 25 years. As a local member, when you can help instigate the return of full protection and deliver that within weeks of this government being re-elected, that is a plus.

I am really pleased that the Liberal Party is supporting this legislation. Clearly, they have learned from the error of their ways, so that is a positive. Of course, the reason I was very strong on seeing it put in legislatively is that the way it was before it could easily be changed just with the signature of a minister with a department, sometimes blinkered at times in the past, just treating this as a fisheries issue. It is more than a fisheries issue, it is something globally unique, and we need to ensure maximum protection.

By having it enshrined in this bill, it means that any future government of a mind to change it will have to come before this chamber and get it through the upper house, and that is highly unlikely to happen. As I said, we all now know we need to protect the giant Australian cuttlefish, this unique and iconic creature that every winter gathers around the Point Lowly peninsula. I commend the bill to the house.

Mr FULBROOK (Playford) (16:46): I rise in support of the Fisheries Management (Cuttlefish—Northern Spencer Gulf) Amendment Bill 2025. Before I go into the details that I want to add, let me just say that I was enthralled by that contribution by the member for Giles. I am also a little bit jealous. As one of the self-proclaimed chamber nerds, it is a little bit unfair that he got to squeeze in a reference to Doctor Who. Maybe I could say that these creatures look a bit like Daleks on the inside, but I would bore you senseless and it is not the point of my contribution.

We are here to talk about cuttlefish, but at the same time I would like the Hansard to reflect that the member was extremely enthusiastic through his delivery, he was inspiring, and I do have a little bit more to say about that further on. It really was a contribution that stopped me in my tracks. Quite often, before I speak, I like to review my notes but he had me enthralled and I am very grateful for that.

South Australians are fortunate beyond measure to live alongside some of the world's most extraordinary marine life and among those remarkable of all is the giant Australian cuttlefish. They are a species found nowhere else in such numbers, in such splendour and under such unique conditions as those that gather each winter along the rocky reefs of the Upper Spencer Gulf.

I understand that these magnificent animals are the largest cuttlefish species in the world. Males can grow up to half a metre in length and weigh as much as 10 kilograms. They are experts in camouflage, capable of changing colour, shape and even texture to blend seamlessly into the reef. Their dynamic displays during the breeding season are spectacular, an explosion of colour, pattern and movement unmatched anywhere else in the natural world—maybe in this chamber. It is little wonder that thousands of visitors travel to Upper Spencer Gulf each year simply to witness this phenomenon.

As I am sure we are all aware, each winter tens of thousands of cuttlefish gather along an eight-kilometre stretch of reef in Northern Spencer Gulf, the only known dense spawning aggregation of this species in the world. Under the rocks and within the crevices of this coastline, females lay their eggs, while males engage in elaborate contests for mating opportunities. It does not sound as exciting from me as it does from the member for Giles.

With males outnumbering females as much as 7:1, these competitions display a level of complexity and intelligence that has fascinated scientists and captivated the public for decades. Some large males guard closely paired females, using rapid colour changes to ward off rivals, while smaller males roam the reef attempting to sneak mating opportunities with creativity and cunning. It is truly one of nature's great performances.

We are custodians of this remarkable species, and with that comes a deep sense of responsibility. The giant Australian cuttlefish aggregation is not something that can be taken for granted. Decades of research, community advocacy and government action have shown us the population can be fragile and subject to environmental pressures.

The decisions we take today will determine whether our children and grandchildren will be able to stand on the shores of Point Lowly and witness tens of thousands of cuttlefish swirling beneath them in that extraordinary colourful dance in years to come. That is precisely why this bill matters. The amendment before the parliament provides enduring legislative protection for the species by enshrining in the Fisheries Management Act the spatial closure that already exists under regulation.

I understand the bill does not alter the boundaries of the closure nor does it impose new restrictions on those who fish in the region. Recreational, commercial and traditional fishers will continue to take species such as southern calamari and octopus in the area. What this bill does is ensure that the take of cuttlefish themselves is prohibited unless expressly authorised by the minister. It brings certainty and permanency to protections that have been in place for years and does so in a way that does not disadvantage those who rely on the gulf for their livelihoods.

It is also important to acknowledge the enormous work and advocacy that has led us to this point. I want to recognise my friend and colleague the member for Giles, Eddie Hughes. Long before he entered parliament, Eddie was a powerful voice for the cuttlefish and for the Whyalla community. I remember hearing him on radio, at Labor Party gatherings and in conversations across the state urging people—particularly those in Adelaide—to understand just how unique this species is and how significant Point Lowly is to both science and tourism.

His passion has not wavered and this bill is, in many ways, a testament to his years of dedicated advocacy. Of course, I also acknowledge that he perhaps had finer detail on some of the other Whyalla locals who have been strong voices on that, and I do not wish to diminish their contribution to the efforts that we are discussing today as well.

The tourism value of the giant cuttlefish aggregation to the Upper Spencer Gulf cannot be overstated. This year alone 13,000 vehicles travelled past the dive site, with around 8,000 people participating directly in cuttlefish experiences. Each of those visitors leaves with a deeper appreciation for the species and for the marine environment more broadly. They help support local businesses, regional jobs and Whyalla's growing reputation as a destination for world-class nature-based tourism. With increased investment in infrastructure and the ongoing success of events like Whyalla's annual Cuttlefest, the opportunities for the region are only continuing to grow.

I also want to commend the Minister for Primary Industries and Regional Development, the Hon. Clare Scriven from the other place, for bringing this bill before the parliament. Her commitment to protecting the state's marine treasures is clear. This legislation is the culmination of careful work by the Department of Primary Industries and Regions, alongside scientists, fishers, regional stakeholders and the local community. Their collaboration ensures that this protection is not only environmentally responsible but practical and supported by those who live and work within the region.

The giant Australian cuttlefish aggregation is one of the great natural wonders of our state. By supporting this bill, we are choosing to safeguard it for the years ahead, we are choosing to honour our responsibility as custodians of our environment, and we are choosing to ensure that future generations will continue to marvel at a natural spectacle found nowhere else. I commend this bill to the house.

The Hon. L.P. HOOD (Adelaide—Minister for Climate, Environment and Water) (16:53): I want to thank the various speakers on the bill: the member for Finniss, the member for Giles and the member for Playford. In particular, I thank the member for Giles for his very passionate explanation of the way in which cuttlefish work and also the way in which they bring and draw so many various people to his community. They really are remarkable.

I note the member for Finniss's question in regard to patrolling of the area. Given this is just placing the regulation within legislation, the same various patrols of the area by fishery officers will be undertaken just like any other closure area and, as indicated, that already does happen given that the closure is in place through regulation. An important point to make is that, if anyone does see illegal fishing activity, they should report it through Fishwatch, which is a free phone number—1800 065 522—and also through the SA Fishing app.

I would like to once again thank everybody for their contributions to this bill, and I would also like to thank the following key stakeholders that have been consulted on the proposed amendment. They include the South Australian Tourism Commission, the Environment Protection Authority, the Department for Infrastructure and Transport, the Department for Environment and Water, Conservation Council of South Australia, Whyalla City Council, Port Augusta City Council, District Council of Mount Remarkable, Port Pirie Regional Council, Copper Coast Council, District Council of Cleve, District Council of Franklin Harbour, Yorke Peninsula Council, District Council of Lower Eyre Peninsula, and District Council of Tumby Bay.

I also thank the Nukunu Wapma Thura (Aboriginal Corporation), the Barngala Determinations Aboriginal Corporation and the Narungga Nation Aboriginal Corporation and also, importantly, our Seafood Industry South Australia, Marine Fishers Association, SA Blue Crab Pot Fishers Association, South Australian Northern Zone Rock Lobster Fishermen's Association, Spencer Gulf and West Coast Prawn Association, the Charter Boat Association of South Australia, RecFish SA, South Australian Professional Fishers Association and the University of Adelaide.

Once again, I just want to highlight how incredibly iconic this species is in South Australia. As I have mentioned and, as other members have mentioned, each winter tens of thousands of giant Australian cuttlefish aggregate in this rocky reef area near Whyalla in northern Spencer Gulf to spawn. We are very incredibly pleased to see that we did have a successful hatching season, despite the harmful algal bloom. I seek leave to continue my remarks.

Leave granted; debate adjourned.