Bass Strait Central Zone Scallop Fishery (Closure) Direction 2016

Administered by Department of Agriculture

Legislation au F2016L01212 Not in force Legislative Instrument

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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:

  1. commencing at the point of intersection of latitude 39o11.40’ south, longitude 148o03.00’ east and running progressively;
  2. east along that parallel to its intersection with the meridian of longitude 148o07.80’ east;
  3. then south along that meridian to its intersection with the parallel of latitude 39o15.00’ south;
  4. then west along that parallel to its intersection with the meridian of longitude 148o03.00’ east;
  5. then north along that meridian to the point of commencement.

Area 2 (King Island New Bed)

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

  1. commencing at the point of intersection of latitude 39o54.60’ south, longitude 144o49.80’ east and running progressively;
  2. east along that parallel to its intersection with the meridian of longitude 144o57.00’ east;
  3. then south along that meridian to its intersection with the parallel of latitude 39o57.00’ south;
  4. then west along that parallel to its intersection with the meridian of longitude 144o49.80’ east;
  5. then north along that meridian to the point of commencement.

 

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Fisheries Management Act 1991, enacted by the Australian Parliament, addresses the management and sustainable use of fisheries resources in Australia. One of the legislative instruments under this Act is the Bass Strait Central Zone Scallop Fishery (Closure) Direction 2016 issued by the Australian Fisheries Management Authority. This Direction was introduced to ensure the sustainability of the scallop fishery in the Bass Strait by closing specific areas identified as critical for the maintenance and recruitment of scallop populations. The closures are based on independent research surveys that estimate the biomass of spawning size scallops, aiming to maintain sufficient stock levels for ongoing recruitment. The Authority consulted with relevant stakeholders, including the Bass Strait Central Zone Scallop Fishery Management Advisory Committee, to align the Direction with the fishery's management plan and sustainability objectives.

Scope and Application

The Bass Strait Central Zone Scallop Fishery (Closure) Direction 2016, issued under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority, applies to the specific areas within the Bass Strait Central Zone Scallop Fishery, as delineated in Clause 6. This legislative instrument is designed to prohibit fishing activities in two particular areas of the fishery, identified as the Flinders Island 2 Bed and the King Island New Bed, with the aim of ensuring the sustainability of the scallop stock. The geographic scope of the Direction is limited to the Bass Strait, above the State of Tasmania, extending from the Victoria/New South Wales border to the Victoria/South Australian border. The Authority must consult with the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC) before issuing the Direction, except in emergency circumstances. The Direction is in effect from the day after its registration on the Federal Register of Legislative Instruments until 31 December 2016, or until earlier revoked. It is compatible with human rights as assessed by the Authority and does not require a Regulation Impact Statement, as advised by the Office of Best Practice Regulation.

Key Provisions

The main operative sections of the Bass Strait Central Zone Scallop Fishery (Closure) Direction 2016 (Clause 5) specify that this Direction applies to all individuals, entities, or vessels engaged in fishing activities within the specified areas of the Bass Strait Central Zone Scallop Fishery. Clause 6 explicitly prohibits fishing in two designated areas: Area 1 (Flinders Island 2 Bed) and Area 2 (King Island New Bed). These areas are described by specific geographic coordinates, ensuring clarity on which parts of the fishery are closed to fishing. The obligations and requirements imposed by this Direction on the parties governed by it include adherence to the defined closure areas, which are critical for maintaining sustainable levels of scallop stocks. Fishing entities must ensure that their operations do not infringe upon the prohibited areas, thereby supporting the objectives of the Bass Strait Central Zone Scallop Fishery Management Plan 2002. The Authority, in its regulatory role, must monitor compliance with these closures, ensuring that the closed areas are respected to achieve the desired conservation outcomes. Any breach of the provisions contained in this Direction may result in civil or criminal penalties. Under the Fisheries Management Act 1991, individuals or entities that engage in prohibited fishing activities in the closed areas may face legal consequences. The specific penalties for such breaches are not detailed in the Direction but generally can include fines and other sanctions as prescribed by relevant fisheries legislation. The exact penalties would depend on the circumstances of the breach and could be significant, reflecting the importance of adhering to fishery management rules. In conclusion, the Bass Strait Central Zone Scallop Fishery (Closure) Direction 2016 aims to protect and sustain scallop stocks by temporarily closing specific areas to fishing. The Direction imposes clear obligations on fishing entities to comply with the closure areas, supported by potential civil or criminal penalties for non-compliance. This legislative measure underscores the importance of sustainable fisheries management and the need for regulatory oversight to achieve long-term conservation goals.

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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.