EXPLANATORY STATEMENT
Issued by the Authority of the
Australian Fisheries Management Authority
Fisheries Management Act 1991
Bass Strait Central Zone Scallop Fishery (Closures) Direction 2014
Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) provides, inter alia, that Australian Fisheries Management Authority (the Authority) may, after such consultation as set out in s41A(2), direct that fishing is not to be engaged in the fishery, or a particular part of the fishery, during a particular period or periods.
Subsection 41A(2) also provides that, before the Authority issues a Direction, it must consult with the management advisory committee for the fishery, the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC), about the content of the Direction unless the Direction is issued in circumstances of an emergency.
The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Fishery
The Bass Strait Central Zone Scallop Fishery (the Fishery) lies in the Bass Strait above the State of Tasmania and extends from the Victoria/New South Wales border, typically outside 3 nautical miles, around southern Australia to the Victoria/South Australian border.
Management in the Fishery is through a combination of input and output controls in the form of individually transferable quotas with a Total Allowable Catch determined for each quota species for each fishing year. The main target species in the Fishery is the Commercial Scallop (Pecten fumatus). The Doughboy Scallop (Chlamys (Mimachlamys) asperrimus) is common throughout the Bass Strait however it is rarely retained. The target species are caught primarily for the domestic market.
The harvest strategy for the Fishery contains measures for setting Total Allowable Catch based on closing a specific area or areas of the Fishery and allowing fishing in the remaining area of the fishery. The area is identified following research surveys to determine biomass estimates. This measure aims to ensure scallop beds of sufficient size are maintained to provide for ongoing recruitment in the Fishery.
The Direction
The Direction closes a small area of the Fishery containing a biomass estimate of 1500 tonnes while allowing for the remaining area of the Fishery to stay open to fishing for a specified amount of time.
Research information has identified that closing an area to fishing containing an estimated biomass of 1500 tonnes provides sufficient recruitment to maintain the stock at sustainable levels. The scallop bed closed to fishing contains a biomass estimate of 1500 tonnes identified through independent research surveying. As identified under Tier 1 of the Harvest Strategy identification of a biomass estimate of 1500 tonnes enables to total allowable catch to be set at 1000 tonnes.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement is not required for this Direction consistent with the agreement updated on 30th June 2014 not to require an impact statement assessment for routine legislative instruments of a minor or machinery nature which includes specifically directions that fishing not be engaged in in sub areas of a fishery.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
This legislative instrument does not infringe any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Accordingly, in the Authority’s assessment, this legislative instrument is compatible with human rights.
Consultation
Subsection 41A(2) of the Management Act provides that, before giving a direction, the Authority must consult the Scallop Management Advisory Committee (ScallopMAC) and consider their views. The Authority may also consider the views of other interested persons.
The Authority consulted with the Scallop Resource Assessment Group (ScallopRAG) and the Scallop Management Advisory Committee (ScallopMAC) concerning increasing the TAC from 150 tonnes to 1000 tonnes and closing an area to fishing containing that biomass estimate of 1500 tonnes. Both ScallopRAG and ScallopMAC endorsed increasing the TAC and closing that area to fishing.
The Authority is satisfied that the Direction is consistent with the objectives of the Bass Strait Central Zone Scallop Fishery Management Plan 2002; as well as with its obligation to pursue the objectives set out in Section 3 of the Management Act, in particular the objective concerned with the sustainability of fisheries resources (paragraph 3(1)(b)).
Details of the Direction are set out below:
Clause 1 | Provides for the Direction to be cited as the Bass Strait Central Zone Scallop Fishery (Closures) Direction 2014. |
Clause 2 | Provides that the Direction commences on the day after registration on the Federal Register of Legislative Instruments. |
Clause 3 | Provides that the Direction ceases on 31 December 2014 unless earlier revoked. |
Clause 4 | Provides that a term used in the Direction and in the Plan or Act has the same meaning in the Determination as in the Plan or Act. |
Clause 5 | States to whom the Direction applies. |
Clause 6 | Prohibits fishing in an area of waters of the Bass Strait Central Zone Scallop Fishery contained within a bounded line: |
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