EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of the
Australian Fisheries Management Authority
Fisheries Management Act 1991
Bass Strait Central Zone Scallop Fishery
Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2011
The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) provides, inter alia, that Australian Fisheries Management Authority (AFMA) may, after such consultation as set out in subsection 41A(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.
Under section 27 of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Plan) AFMA must determine the Total Allowable Catch (TAC) before the beginning of the fishing season. The fishing season begins on 1 April in a year unless a direction closing the fishery is in place. The Direction closes the Bass Strait Central Zone Scallop Fishery (the Fishery) to fishing for the whole of the remainder of the fishing year.
The beginning of the 2011 fishing season in the Fishery must be delayed due to insufficient data being collected during the annual eastern region survey in November 2010. Under the Harvest Strategy for the Fishery, the Fishery is to remain closed unless surveys indicate that adequate biomass is available for harvest.
If AFMA decides that it can determine a TAC, this Direction can be revoked.
Section 22(5) of the Management Act provides that AFMA may specify a condition to which a fishing right is subject.
Consultation
Subsection 41A(2) of the Management Act provides that, before giving a direction, AFMA must consult the Scallop Management Advisory Committee (ScallopMAC) and consider their views. AFMA may also consider the views of other interested persons.
AFMA consulted with the Scallop Resource Assessment Group (ScallopRAG) regarding opening a new fishing area at meetings on 19-20 January 2011. ScallopRAG recommended not setting a TAC until further data had been collected in the Fishery. This data has now been collected in the Fishery and analysed by ScallopRAG and their recommendations will be presented to ScallopMAC through the TAC setting process during March 2011.
ScallopMAC have been consulted about the implementation of this direction at their meeting on 17 February 2011 and no objections to the direction were recorded.
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 Management 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 12424).
Details of the Direction are set out below:
Clause 1 | Provides for the Direction to be cited as Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2011. |
Clause 2 | Provides for the commencement of the Direction. |
Clause 3 | Specifies the period of application of the Direction. |
Clause 4 | Specifies to whom the Direction applies. |
Clause 5 | Provides for the definition of terms used in the Direction. |
Clause 6 | Directs that fishing is not to be engaged in. |
Clause 7 | Provides that it is a condition of all fishing concessions to which this Direction applies that the holder, or a person acting on behalf of the holder, complies with this Direction. |
Overview
The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2011 is a legislative instrument issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This Direction was enacted to address the issue of insufficient data for determining the Total Allowable Catch (TAC) in the Bass Strait Central Zone Scallop Fishery, which was collected during the annual eastern region survey in November 2010. The purpose of this Direction is to close the fishery until further data is collected and analysed, ensuring the fishery can only open when there is adequate biomass available for harvest. AFMA consulted with relevant advisory committees, such as the Scallop Management Advisory Committee (ScallopMAC) and Scallop Resource Assessment Group (ScallopRAG), and found no objections to the closure, aligning with the objectives of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 and the sustainability of fisheries resources as outlined in Section 3 of the Fisheries Management Act 1991.
Scope and Application
The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2011 applies to the fishing activities within the Bass Strait Central Zone Scallop Fishery, specifically targeting all persons and entities engaged in scallop fishing in this designated area. The Direction, issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, mandates that fishing operations within the specified fishery are to remain suspended for the remainder of the 2011 fishing season due to insufficient data collected during the annual eastern region survey in November 2010. The geographic scope of this legislation encompasses the Bass Strait Central Zone, a Commonwealth jurisdiction, reflecting the national interest in sustainable fisheries management. The application of this Direction is not subject to any exclusions or exemptions, and it extends to all fishing concessions within the fishery. This legislative instrument can be amended or expanded through subordinate instruments, thereby allowing for adjustments based on ongoing data collection and assessment of fishery resources.
Key Provisions
The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2011 (the Direction) is a legislative instrument issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991 (the Management Act) and the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Plan). Clause 6 of the Direction mandates that fishing activities in the specified fishery must cease for the remainder of the fishing year. The closure is necessitated by insufficient data gathered during the annual eastern region survey in November 2010, which prevented AFMA from determining the Total Allowable Catch (TAC) for the fishery as required by the Plan. This closure remains in effect until further surveys confirm adequate biomass is available for harvest.
Under the Management Act, AFMA has specific obligations when implementing the Direction. Subsection 41A(2) of the Management Act requires AFMA to consult with the Scallop Management Advisory Committee (ScallopMAC) and consider their views before issuing the Direction. The Direction also mandates that all fishing concessions must include a condition that the holder or any person acting on their behalf complies with the Direction (Clause 7). This ensures that the closure is strictly enforced among all parties involved in the fishery.
The Direction imposes a strict prohibition on engaging in fishing activities within the Bass Strait Central Zone Scallop Fishery for the remainder of the fishing year. Any person found to be in breach of this prohibition could face legal consequences. While the Direction does not explicitly outline specific penalties, the Management Act provides for various offences related to non-compliance with fishing regulations, including fines and imprisonment. The exact penalties would depend on the specific breach and any applicable provisions within the broader legislative framework. It is crucial for all stakeholders to adhere to this Direction to ensure compliance with the objectives of the Plan and the sustainability of the fishery resources.