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 2016
The Direction is a legislative instrument for the purposes of the Legislation 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 two areas of the Fishery collectively estimated through independent research surveying to contain 6 617 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 3000 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 2016 fishing year with the Scallop Resource Assessment Group on 22 June 2016, and with ScallopMAC on 23 June 2016. 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 2016. |
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 2016 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 2 Bed) The area of waters contained within and bounded by a line:
Area 2 (King Island New Bed) The area of waters contained within and bounded by a line:
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