Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2010 - Prohibition on Fishing

Administered by Department of Agriculture

Legislation au F2010L00685 Not in force Legislative Instrument

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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.

 

Overview

The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2010 was introduced as a legislative instrument under the Legislative Instruments Act 2003 to manage the fishing activities in the Bass Strait Central Zone Scallop Fishery during the 2010 fishing season. This Direction was enacted to comply with the provisions of the Fisheries Management Act 1991, specifically subsection 17(5A), which allows the Australian Fisheries Management Authority (AFMA) to direct closures in a fishery based on the management plan and after required consultations. The Direction revokes the previous Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 2009 and sets the fishing areas for the 2010 season, ensuring alignment with the management plan and the Harvest Strategy for the Fishery. This strategy dictates that the fishery should remain closed under a zero total allowable catch (TAC) unless surveys indicate sufficient scallop biomass for harvest. The Direction reflects the results of 2009 surveys and stakeholder consultations, aiming to maintain the sustainability of fisheries resources as mandated by the Act.

Scope and Application

The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2010 is a legislative instrument under the Fisheries Management Act 1991, which applies to the management of the Bass Strait Central Zone Scallop Fishery. The Direction applies to all persons and entities involved in fishing activities within the specified area of the fishery during the 2010 fishing season, which runs from 1 April 2010 to 31 December 2010. The scope of the Direction is limited to the geographic area of the fishery and does not extend to other fisheries or fishing activities outside of this area. The Direction is made in accordance with the provisions of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 and the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002, and is subject to consultation with relevant stakeholders, including the Bass Strait Central Zone Scallop Fishery Resource Assessment Group and the Bass Strait Central Zone Scallop Fishery Management Advisory Committee. The Direction may be extended or modified through subordinate instruments as necessary to achieve the objectives of sustainable fisheries management.

Key Provisions

The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2010 (the Direction) primarily outlines the specific area within the Bass Strait Central Zone Scallop Fishery (the Fishery) that is open to fishing during the 2010 fishing season, running from 1 April 2010 to 31 December 2010, and mandates that the remainder of the Fishery be closed to fishing (Clauses 2, 5, and 7). The Direction revokes the previous Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 2009 and sets out the parameters of the 2010 fishing season (Clauses 3 and 5). It also includes provisions for the citation of the Direction, its commencement, and its application to relevant parties (Clauses 1, 2, and 4). The Direction further clarifies terms used within its provisions and references the coordinates in terms of the Geocentric Datum of Australia 1994 (Clause 6). The Direction imposes specific obligations on parties and entities governed by the Fisheries Management Act 1991 (the Act) and the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Plan). The Australian Fisheries Management Authority (AFMA) is mandated to consult with the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC) before giving any direction under the Plan, and to consider their views (subsection 23(3) of the Plan). The Direction must be consistent with the objectives of the Plan and the Act, particularly the sustainability of fisheries resources (section 3 of the Act). Additionally, fishing within the Fishery is prohibited, except within the specified area and for fishing conducted under a scientific permit (Clause 7). The Direction does not explicitly detail specific offences or penalties for non-compliance within its text; however, the overarching legislative framework under which it operates may impose such consequences. Under the Fisheries Management Act 1991, penalties for breaches of the Act or any regulations made under it can include fines and imprisonment. The specific penalties would depend on the nature and severity of the offence, as well as any relevant regulations or subsidiary legislation. For example, subsection 118(1) of the Act allows for the imposition of a penalty of up to $22,200 for contraventions of the Act or regulations. In summary, the Direction specifies the areas of the Fishery open to fishing during the 2010 season, mandates stakeholder consultations, and outlines the legal parameters for fishing activities. It relies on the broader legislative framework for enforcement and penalties related to non-compliance.

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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.