Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2013

Overview

The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2013, issued by the Australian Fisheries Management Authority under the Fisheries Management Act 1991, was enacted to address the fluctuating availability and intermittent recruitment of scallops in the Bass Strait Central Zone Scallop Fishery. This Direction aims to ensure the sustainability of the fishery by closing the fishery to fishing while allowing a specific, viable area to remain open, in accordance with the recommendations of the Bass Strait Central Zone Scallop Fishery Management Advisory Committee. The Authority consulted with relevant parties and assessed the Direction to be compatible with human rights, as well as consistent with the objectives of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 and the sustainability of fisheries resources under the Management Act. The Direction, which revokes and replaces the Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2012, was issued in consultation with the ScallopMAC and ScallopRAG, reflecting their recommendations for the 2013 fishing season. The Direction provides for the closure of the fishery while allowing a small, viable area to remain open to fishing, with specific criteria for scallop density and age. The Direction commences on the day after registration on the Federal Register of Legislative Instruments and will cease to have effect on 31 December 2014 unless earlier revoked.

Scope and Application

The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2013, issued by the Australian Fisheries Management Authority under the Fisheries Management Act 1991, applies to the Bass Strait Central Zone Scallop Fishery, specifically targeting the Commercial Scallop (Pecten fumatus) and the less commonly retained Doughboy Scallop (Chlamys (Mimachlamys) asperrimus). This Direction governs the activities of all persons and entities involved in the scallop fishery within the specified area, which lies in the Bass Strait above the State of Tasmania and extends from the Victoria/New South Wales border to the Victoria/South Australian border. The Direction aims to manage the fishery through a combination of input and output controls, including the use of individually transferable quotas and the implementation of Total Allowable Catch limits for each quota species for each fishing year. It closes the fishery to fishing, except for a small portion identified as a viable fishing area based on industry surveys that confirm high scallop density suitable for commercial harvesting. The Direction also mandates that at least 80 percent of Commercial Scallops in the open area must have a shell length of at least 90 mm and be at least three years of age. The Authority must consult with the Bass Strait Central Zone Scallop Fishery Management Advisory Committee before issuing such a Direction, unless it is issued in an emergency. The Direction replaces the previous Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2012 and remains in effect until 31 December 2014, unless earlier revoked.

Key Provisions

The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2013 (the Direction) establishes specific closures within the Bass Strait Central Zone Scallop Fishery, which is located above the State of Tasmania and extends from the Victoria/New South Wales border to the Victoria/South Australian border (Clause 5). The primary requirement of the Direction is that fishing activities in the fishery are generally prohibited (Clause 6). However, an exemption allows for a small portion of the fishery to remain open to fishing under specific conditions (Clause 7). This exemption is based on areas identified as viable for commercial harvesting, where scallop density is high enough and at least 80 percent of commercial scallops must have a shell length of at least 90 mm and be at least three years of age (Clause 7). The Direction also revokes the previous Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2012 and takes effect immediately upon registration on the Federal Register of Legislative Instruments, remaining in force until 31 December 2014 unless earlier revoked (Clauses 2 and 3). The Australian Fisheries Management Authority (the Authority) must consult with the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC) before issuing the Direction, unless it is issued in emergency circumstances (Subsection 41A(2)). The Direction must also align with the objectives of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 and the broader objectives of the Fisheries Management Act 1991, particularly those concerning the sustainability of fisheries resources (Section 3 of the Management Act). The Authority's decision to implement the Direction is based on recommendations from the Scallop Resource Assessment Group (ScallopRAG) and the endorsement of ScallopMAC. Breaches of the provisions in the Direction could lead to legal consequences. Engaging in prohibited fishing activities in the specified areas could result in civil or criminal penalties as outlined under the Fisheries Management Act 1991. While the specific penalties are not detailed in the Direction, they could include fines and other sanctions as determined by the relevant authorities. The Authority has assessed that the Direction is compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011, and a Statement of Compatibility has been provided to support this assessment.