Bass Strait Central Zone Scallop Fishery (Closure) Direction 2015

Administered by Department of Agriculture

Legislation au F2015L01116 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Issued by the Authority of the

Australian Fisheries Management Authority

 

Fisheries Management Act 1991

 

Bass Strait Central Zone Scallop Fishery (Closure) Direction 2015

 

The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) provides, inter alia, that the 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 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 a Total Allowable Catch based on closing areas of the Fishery 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 three areas of the Fishery collectively estimated through independent research surveying to contain 3 070 tonnes of spawning size Commercial Scallops, while allowing for the remaining area of the Fishery to stay open to fishing. Research indicates that closing areas of scallops to fishing promotes recruitment to maintain the stock at sustainable levels.

The closures are consistent with the Harvest Strategy for the Fishery, which provides for a Total Allowable Catch of at least 2000  tonnes or more to be set should scallop bed(s) containing at least 3000 tonnes of scallops of a minimum size limit of 85 millimetres and high density be located and closed to fishing.

As specified under Tier 2 of the Harvest Strategy, identification of a biomass estimate of 3000 tonnes enables a total allowable catch to be set at 2001 tonnes.

Regulation Impact Statement

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Direction consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature. 

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 ScallopMAC and consider their views. The Authority may also consider the views of other interested persons. 

The Authority consulted on the proposed closures for the 2015 fishing year with the Scallop Resource Assessment Group on 18 June 2015, and with ScallopMAC on 19 June 2015. Both ScallopRAG and ScallopMAC supported the areas to be closed. 

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 (section 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 (Closure) Direction 2015.

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 is repealed on 31 December 2015 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 the following areas of waters of the Bass Strait Central Zone Scallop Fishery: 

 

Area 1 (Flinders Island Bed)

The area of waters contained within and bounded by a line:

  1. Commencing at the point of intersection of the parallel of latitude 39°13’59.99” South and the meridian of longitude 148°03’36”East, and
  2. proceeding south to a point at latitude 39°19’0.01” South; longitude 148°03’36” East, then
  3. east to a point at latitude 39°19’0.01” South; longitude 148°06’38.41” East, then
  4.  north to a point at latitude 39°13’59.99” South; longitude 148°06’38.41” East, then
  5. west to the point of commencement.

Area 2 (King Island Middle Bed)

The area of waters contained within and bounded by a line:

  1. Commencing at the point of intersection of the parallel of latitude 39°47’38.40” South and the meridian of longitude 144°35’28.20” East,  and
  2.  proceeding south to a point at latitude 39°49’42.60” South; longitude 144°35’28.20” East, then
  3.  east to a point at latitude 39°49’42.60” South; longitude 144°37’28.80” East, then
  4.  north to a point at latitude 39°47’38.40” South; longitude 144°37’28.80” East, then
  5.  west to the point of commencement.

Area 3 (King Island East Bed)

The area of waters contained within and bounded by a line:

  1. Commencing at the point of intersection of the parallel of latitude 39°54’45.00” South and the meridian of longitude 144°52’55.20” East, and
  2.  proceeding south to a point at latitude 39°56’31.80” South; longitude 144°52’55.20” East, then
  3.  east to a point at latitude 39°56’31.80” South; longitude 144°54’28.80” East, then
  4.  north to a point at latitude 39°54’45.00” South; longitude 144°54’28.80” East, then
  5. west to the point of commencement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Fisheries Management Act 1991, enacted by the Australian Parliament, governs the management of fisheries resources in Australia, aiming to ensure their sustainable use and conservation. To address the need for temporary closures of specific areas in fisheries to maintain stock levels, the Australian Fisheries Management Authority was granted the power to issue directions prohibiting fishing in designated areas. The Bass Strait Central Zone Scallop Fishery (Closure) Direction 2015, issued under the authority of the Australian Fisheries Management Act 1991, is a legislative instrument that implements temporary closures in certain areas of the Bass Strait Central Zone Scallop Fishery. This measure was taken to protect spawning areas critical for the sustainability of the scallop population, aligning with the Harvest Strategy for the fishery. The Direction mandates the closure of three specific areas within the fishery, identified through independent research surveys to contain significant biomass of spawning size scallops, while allowing the remainder of the fishery to remain open. This approach aims to promote recruitment and ensure the stock's sustainability. The Authority consulted with relevant stakeholders, including the Bass Strait Central Zone Scallop Fishery Management Advisory Committee, before issuing the Direction, ensuring it aligns with the fishery's management objectives.

Scope and Application

The Bass Strait Central Zone Scallop Fishery (Closure) Direction 2015 is a legislative instrument issued under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority. This Direction applies to persons and entities engaged in fishing activities within the specified areas of the Bass Strait Central Zone Scallop Fishery. The geographic reach of this legislation is confined to the Commonwealth, specifically in the waters of the Bass Strait above the state of Tasmania, extending from the Victoria/New South Wales border to the Victoria/South Australian border. This Direction aims to implement the closures of certain areas in the fishery to promote the sustainability of the commercial scallop population, as per the objectives set out in the Fisheries Management Act 1991 and the Bass Strait Central Zone Scallop Fishery Management Plan 2002. The Authority has ensured that it consulted with relevant stakeholders, including the Bass Strait Central Zone Scallop Fishery Management Advisory Committee, before issuing this Direction. This Direction will remain in effect until 31 December 2015, unless revoked earlier.

Key Provisions

The Bass Strait Central Zone Scallop Fishery (Closure) Direction 2015 (Clause 1) establishes specific areas within the Bass Strait Central Zone Scallop Fishery where fishing is prohibited. This Direction, which commences on the day after its registration on the Federal Register of Legislative Instruments (Clause 2), will remain in effect until 31 December 2015, unless revoked earlier (Clause 3). Terms used in this Direction have the same meanings as those in the Fisheries Management Act 1991 or the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (Clause 4). The Direction applies to all individuals and entities involved in fishing within the specified areas of the fishery (Clause 5). Specifically, fishing is prohibited in three designated areas: the Flinders Island Bed, the King Island Middle Bed, and the King Island East Bed (Clause 6). These areas are defined by specific geographical coordinates, ensuring that they are clearly demarcated for compliance purposes. Under the Fisheries Management Act 1991, the Australian Fisheries Management Authority (the Authority) must consult with the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC) before issuing the Direction (Subsection 41A(2)). This consultation process ensures that the Direction aligns with the objectives of the Fishery Management Plan 2002 and the broader goals of the Management Act, particularly those related to the sustainability of fisheries resources (Section 3(1)(b)). The Authority, having consulted with ScallopMAC and the Scallop Resource Assessment Group, has determined that the closures are necessary to maintain the stock at sustainable levels. The Authority is satisfied that the closures are consistent with the objectives of the Fishery Management Plan and its obligations under the Management Act. Violations of the provisions in the Bass Strait Central Zone Scallop Fishery (Closure) Direction 2015 may result in various legal consequences. Under Australian law, unauthorised fishing within the closed areas can lead to fines and potential imprisonment. The specific penalties for contravening the provisions of the Direction are not detailed in the Direction itself, but typically, penalties for breaches of fishing regulations can include significant fines and imprisonment for serious or repeated offences. The exact penalties may vary based on the jurisdiction and the specific nature of the breach, but they are intended to enforce compliance and protect the fishery resources.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.