At the heart of OMICC's efforts is the Otway Adjustment Protocol. This protocol is designed to offer a fair, evidence-based compensation process for commercial marine operators who may be affected by petroleum activities. By establishing a single access portal for compensation claims, we strive to simplify the process, ensuring it is straightforward, transparent, and equitable.

Key Features of the Protocol:

• Evidence-Based Compensation: For displacement, loss of catch, and fishing gear loss or damage.
• Single Point of Entry: A streamlined process for submitting and managing compensation claims.
• Commitment to Transparency: Ensuring clear, open communication and processes.
• Community Engagement: Inviting feedback and input from commercial marine operators and industry associations to refine and improve our approach.

The Otway Adjustment Protocol was available for commercial fishers and marine operators to comment on for 60 days between 2 May 2024 and 2 July 2024.

• Displacement adjustment is available if a commercial fisher cannot fish in their historical fishing area within an Adjustment Area due to a petroleum activity and incurs additional costs when relocating to another historical fishing area.
• The additional costs considered for monetary adjustment include those associated with increased distance/transit time, fuel, and crewing over and above normal running costs for a fishing trip.
• A Displacement Area is defined as an alternative fishing ground within 50 kilometres of the Adjustment Area.
• For commercial fishers, displacement will typically be assessed by comparing the running costs per day at sea against the previous yearly average.
• To be considered for displacement adjustment, a commercial fisher deciding to relocate must, where possible, notify the titleholder prior to undertaking the relocation.
• When making a claim, fishers must provide evidence to substantiate fishing gear in use at the time of the claim.
• Claimants operating within their normal operating range may be eligible if they can provide evidence that the average distance travelled per fishing operation is greater compared to the historical pattern during the same calendar month(s) in the preceding 5 years. This includes distance between home port and fishing locations. At least one year of records for the corresponding calendar month in the preceding 5 years is required.
• For other commercial marine operators, displacement will be assessed on a case-by-case basis through prior agreement with a titleholder on the calculation method.

• Loss-of-catch adjustment is available for evidence-based losses related to fish lawfully caught and retained by a fishing vessel under a Victorian, Tasmanian, or Commonwealth fishing licence.
• The adjustment process specifically applies to historical fishing activity over established fishing grounds, not speculative activity.
• The process applies to commercial fishing activity conducted by a licensed fishing vessel within an Adjustment Area, and other fished areas within a given calendar month.
• For each month where loss-of-catch adjustment is claimed, the licensed fishing vessel must conduct fishing within an Adjustment Area.
• Adjustment is available for the period of a petroleum activity and for six months after it is completed.
• However, claims for this adjustment must fall within the thirty-day claim period after the activity.
• Any loss-of-catch experienced is assumed to be demonstrated through a reduced Catch Per Unit of Effort (CPUE) for that fishing vessel (or license) compared to previous years for the same eligible claim block/fishing event location by species by month.
• Loss of catch assessments will use the catch and effort data from the petroleum activity period per month, plus the previous 10 years (by same block/fishing event location and month) where available.

• Commercial fishers may lodge a claim under this protocol if their deployed fishing gear is accidentally lost or damaged due to petroleum activity or related vessels/equipment.
• Titleholders and fishers are expected to communicate and take reasonable steps to avoid gear loss or damage.
• Petroleum activity vessels/rigs are classified as "vessels restricted in their ability to manoeuvre" under international navigation laws.
• If gear is lost or damaged, fishers must immediately notify the titleholder.
• Claims should clearly document:
  • When, where, and how the damage/loss occurred
  • Vessel(s) involved (if known
  • A quote (preferably two) detailing costs for repair or replacement
• Titleholders may agree to cover the repair/replacement costs or provide like-for-like replacement gear.
• Fishers may also claim for lost catch (CPUE-based) resulting from the gear loss or damage.
• For forgone catch claims, the titleholder may hire an independent expert to assess the claim.
• If no agreement is reached, the matter can be referred to the independent expert review process (outlined elsewhere in the protocol).
• Claims must be lodged within 6 months of the activity’s conclusion.