EXPLANATORY STATEMENT
Fisheries Management Act 1991
Bass Strait Central Zone Scallop Fishery Management Plan 2002
Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2010
The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2010 (the Direction) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 17(5A) of the Fisheries Management Act 1991 (the Act) provides that a plan of management made under the Act may provide for the Australian Fisheries Management Authority (AFMA) to direct that fishing is not to be engaged in the fishery, or a particular part of the fishery, during a particular period or periods. The subsection also requires that the direction only be made after such consultations (if any) as are set out in the plan of management.
Subsection 23(1) of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Plan) provides that AFMA may direct that fishing is not to be engaged in the Bass Strait Central Zone Scallop Fishery (the Fishery), or a part of the Fishery, during a stated period.
Subsection 23(2) of the Plan provides that in giving directions, AFMA must ensure that the requirements (if any) set out in the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002 (the Regulations) for the purposes of this subsection are met. There are currently no requirements prescribed in the Regulations relevant to this subsection of the Plan.
The Direction sets the area of the Fishery that can be fished during the 2010 fishing season, which runs from 1 April 2010 to 31 December 2010, with the remainder of the Fishery closed to fishing. Under the Harvest Strategy for the Fishery, the entire Fishery area remains closed with an area opened that is commensurate with the quantity of scallops permitted to be taken under the total allowable catch (TAC). Both the TAC and area of the Fishery to be open to fishing are consistent with the Harvest Strategy for the Fishery, which provides that the Fishery is to remain closed under a zero TAC unless surveys indicate that adequate biomass is available for harvest. Surveys conducted in 2009 indicated that scallop stocks were sufficient to allow commercial fishing in 2010. The results of the survey were then applied to the Harvest Strategy for the Fishery and additional stakeholder consultation was undertaken.
The Direction revokes Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 2009 (the previous Direction) and sets the area of the Fishery that can be fished during the 2010 fishing season with the remainder of the Fishery closed to fishing.
Consultation
AFMA’s management philosophy (as foreshadowed in its governing legislation) involves a partnership approach to the management of marine resources under its jurisdiction. Cooperation with relevant stakeholders, such as the fishing industry, government agencies, the community and others with an interest in the sustainable management of the Commonwealth’s fisheries resources, is a vital part of this approach.
This approach provides opportunities for stakeholders to have input into the management process through, in the case of the Fishery, the Bass Strait Central Zone Scallop Fishery Resource Assessment Group (ScallopRAG) and the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC).
Subsection 23(3) of the Plan provides that, before giving a direction, AFMA must consult ScallopMAC and consider their views. AFMA may also consider the views of other interested persons. AFMA consulted with ScallopRAG and ScallopMAC at meetings on 17 December 2009 and 12-13 January 2010, respectively. Stakeholder input was also considered through a public meeting held on 12 January 2010. The proposed area to be opened to fishing for the 2010 fishing season was unanimously supported and the Direction reflects the recommendations from these meetings.
AFMA is satisfied that the Direction is consistent with the objectives of the Plan; as well as with its obligation to pursue the objectives set out in section 3 of the Act, in particular the objective concerned with the sustainability of fisheries resources (paragraph 3(1)(b)).
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for Direction (OBPR ID 11177).
Details of the Direction are set out below:
Clause 1 | Provides for the Direction to be cited as BSCZSF Direction No. 1 2010. |
Clause 2 | Provides for the commencement of the Direction. |
Clause 3 | Revokes BSCZSF (Closures) Direction No. 2 2009. |
Clause 4 | Specifies to whom the Direction applies. |
Clause 5 | Specifies the period of application of the Direction, being the period of the 2010 fishing season (1 April 2010 to 31 December 2010). |
Clause 6 | Provides for the interpretation of the Direction. In particular, the clause defines the term “boat” and provides that terms used in the Direction that are also used in the Act and the Plan have the same meaning in the Direction as in the Act and the Plan. The clause also provides that the coordinates contained in the Direction are in terms of the Geocentric Datum of Australia 1994. |
Clause 7 | Prohibits fishing in the area of the Fishery for the period of the Direction except for a defined area. |
Clause 8 | Provides that the prohibition of fishing, as prescribed in Clause 7, does not apply if the boat is fishing in accordance with a scientific permit. |