Bass Strait Central Zone Scallop Fishery (Closure) Direction No. 2 2016

Administered by Department of Agriculture

Legislation au F2016L01562 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 No. 2 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 7487 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.

The Direction revokes the Bass Strait Central Zone Scallop Fishery (Closure) Direction 2016. 

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 31 August 2016, and with ScallopMAC on 23 June 2016 and individual MAC members in September. Both ScallopRAG, ScallopMAC an individual MAC members 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 No. 2 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  (Blue Dot bed) The area of the Blue Dot Bed is the part of the Australian Fishing Zone contained within and bounded by a line:

  1. commencing at the point of intersection of latitude 39o46.03’ south, longitude 144° 51.37' east and running progressively;
  2. east along that parallel to its intersection with the meridian of longitude 144° 57.48' east;
  3. then south along that meridian to its intersection with the parallel of latitude 39° 49.53' south;
  4. then west along that parallel to its intersection with the meridian of longitude 144° 51.37'  east;
  5. then north along that meridian to the point of commencement.

 

Clause 7

Revokes the Bass Strait Central Zone Scallop Fishery (Closure) Direction 2016 from the date of commencement of the Direction.   

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Bass Strait Central Zone Scallop Fishery (Closure) Direction No. 2 2016 is a legislative instrument issued under the authority of the Australian Fisheries Management Authority (AFMA), pursuant to the Fisheries Management Act 1991. This Direction was enacted to address the need for specific management measures aimed at maintaining sustainable levels of scallop stocks in the Bass Strait Central Zone Scallop Fishery. The enactment by the AFMA aligns with the objectives of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 and the overarching goal of the Fisheries Management Act 1991, which is to ensure the sustainable use of fisheries resources. The Direction imposes temporary closures on specific areas of the fishery, identified as critical for the recruitment and maintenance of scallop populations, thereby promoting the long-term sustainability of the fishery. This measure was formulated following consultations with relevant stakeholders, including the Bass Strait Central Zone Scallop Fishery Management Advisory Committee, ensuring that the closures are consistent with both management objectives and research-based recommendations.

Scope and Application

The Bass Strait Central Zone Scallop Fishery (Closure) Direction No. 2 2016, issued under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority, applies to the specified areas within the Bass Strait Central Zone Scallop Fishery, which encompasses waters in 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 close two specific areas of the fishery, collectively estimated to contain 7487 tonnes of spawning size Commercial Scallops, while allowing the rest of the fishery to remain open to fishing. The closures are intended to promote recruitment and ensure the stock remains at sustainable levels, aligning with the fishery's harvest strategy. The Authority, in issuing this Direction, was required to consult with the Bass Strait Central Zone Scallop Fishery Management Advisory Committee and considered their views before proceeding. The Direction comes into effect on the day after its registration on the Federal Register of Legislative Instruments and will remain in effect until 31 December 2016, unless earlier revoked.

Key Provisions

The Bass Strait Central Zone Scallop Fishery (Closure) Direction No. 2 2016 (the Direction) is a legislative instrument made under the Fisheries Management Act 1991 (the Management Act) and is issued by the Australian Fisheries Management Authority (the Authority). The Direction (Clause 1) is to be cited as the Bass Strait Central Zone Scallop Fishery (Closure) Direction No. 2 2016 and it comes into effect on the day after its registration on the Federal Register of Legislative Instruments (Clause 2). The Direction will remain in effect until 31 December 2016, unless it is revoked earlier (Clause 3). The terms used in the Direction are consistent with those in the Management Act and the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (Clause 4). The Direction applies to all persons involved in fishing activities within the specified areas of the Bass Strait Central Zone Scallop Fishery (Clause 5). The primary operative sections of the Direction (Clause 6) prohibit fishing in two specific areas of the Bass Strait Central Zone Scallop Fishery: Flinders Island 2 Bed and Blue Dot Bed. These areas are closed to protect spawning size Commercial Scallops (Pecten fumatus) and to ensure their sustainable management. The boundaries of these closed areas are defined in precise geographic terms, ensuring that the prohibition is clear and enforceable. By closing these areas, the Direction aims to maintain sufficient scallop beds for ongoing recruitment, as indicated by independent research surveying. The Authority has a duty to consult with the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC) before issuing the Direction, in line with subsection 41A(2) of the Management Act (Clause 7). This consultation ensures that the closures are informed by expert advice and align with the objectives of the Fishery Management Plan, particularly the sustainability of fisheries resources. The Authority has fulfilled this requirement by consulting with ScallopMAC and individual members in June and September 2016, and with the Scallop Resource Assessment Group in August 2016. ScallopMAC and the other consulted bodies supported the proposed closures. The Direction also revokes the previous Bass Strait Central Zone Scallop Fishery (Closure) Direction 2016 from the date of its commencement (Clause 7). This revocation ensures that there is no overlap or confusion between the old and new directions, maintaining clarity in the regulatory framework governing the fishery. Failing to comply with the Direction could result in civil or criminal penalties. The Management Act provides for a range of enforcement actions, including fines and imprisonment for serious breaches. The specific penalties for non-compliance are detailed in the relevant sections of the Management Act, which could include fines of up to $22,000 for individuals and $110,000 for corporations, along with potential imprisonment terms. These penalties underscore the seriousness with which the Australian Fisheries Management Authority treats compliance with its regulations.

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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.