Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 2010

Administered by Department of Agriculture

Legislation au F2010L02010 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. 2 2010

The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 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 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 prescribes the area of the Fishery that can be fished during the remainder of the 2010 fishing season, through to 31 December 2010, with the rest 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.

Following reports of poor scallop quality, AFMA and the Tasmanian Aquaculture and Fisheries Institute conducted a survey of the known scallop beds. Due to the poor biological condition of scallops in the current area open to commercial fishing and the improved scallop quality in an area to the north of the current fishing area, through this Direction, AFMA will open an additional fishing ground north of the current fishing area.

The Direction revokes Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2010 (the previous Direction) and prescribes the area of the Fishery that can be fished during the remainder of the 2010 fishing season with the rest 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. 

Following discussion with stakeholders and poor scallop quality during the start of the 2010 fishing season, AFMA consulted with ScallopRAG and ScallopMAC, regarding opening a new fishing area, at meetings on 7 July 2010 and 8 July 2010, respectively.. The proposed additional areas to be opened to fishing for the remainder of 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 (Closures) Direction No. 2 2010.

Clause 2

Provides for the commencement of the Direction.

Clause 3

Revokes BSCZSF (Closures) Direction No. 1 2010.

Clause 4

Specifies to whom the Direction applies.

Clause 5

Specifies the period of application of the Direction, being the period from 20 July 2010 to 31 December 2010.

Clause 6

Provides for the definition of terms used in the Direction

Clause 7

Prohibits fishing in the area of the Fishery for the period of the Direction except for a defined area.

 

Overview

The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 2010 was enacted to address the issue of poor scallop quality reported during the early stages of the 2010 fishing season, necessitating a revision of the fishing areas within the Bass Strait Central Zone Scallop Fishery. This direction is a legislative instrument under the Legislative Instruments Act 2003, and it operates in conjunction with the Fisheries Management Act 1991. The Act allows the Australian Fisheries Management Authority (AFMA) to direct that fishing activities be halted in specific parts of a fishery, provided that it adheres to the consultation requirements outlined in the Bass Strait Central Zone Scallop Fishery Management Plan 2002. The policy objective of this Direction is to ensure the sustainable management of fisheries resources, particularly in response to changes in scallop stock conditions and quality. Following stakeholder consultations and assessments, AFMA decided to open an additional fishing ground in the northern part of the fishery to optimise scallop yield while maintaining the fishery's sustainability.

Scope and Application

The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 2010 applies to the management of the Bass Strait Central Zone Scallop Fishery within the Commonwealth of Australia, specifically regulating the conduct and transactions related to scallop fishing activities within this zone. The Direction is issued under the authority of the Fisheries Management Act 1991 and operates in accordance with the Bass Strait Central Zone Scallop Fishery Management Plan 2002. It applies to all entities and individuals involved in scallop fishing within the specified fishery zone. The Direction outlines the areas that can be fished and those that are closed to fishing during the remainder of the 2010 fishing season, from 20 July 2010 to 31 December 2010. This legislative instrument revokes the previous Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2010 and sets new parameters for fishing activities based on the results of recent surveys and consultations with relevant stakeholders. The Direction is designed to ensure that the fishery is managed in a manner consistent with the objectives of the Fisheries Management Act 1991, particularly focusing on the sustainability of fisheries resources.

Key Provisions

The primary sections of the Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 2010 (the Direction) provide the legal framework for the management of the fishery for the remainder of the 2010 fishing season. Clause 2 specifies the commencement date of the Direction, while Clause 3 revokes the previous Direction, BSCZSF (Closures) Direction No. 1 2010. Clause 4 identifies the parties to whom the Direction applies, and Clause 5 sets the period of application from 20 July 2010 to 31 December 2010. Clause 6 includes definitions of terms used within the Direction, ensuring clarity and consistency in its interpretation and application. Clause 7 specifies the prohibition of fishing in the majority of the Fishery area, allowing fishing only in a defined area that complies with the Harvest Strategy for the Fishery. The Direction imposes specific obligations on the Australian Fisheries Management Authority (AFMA) and other relevant parties. Under Clause 7, AFMA must ensure that fishing is prohibited in the majority of the Fishery area, except in the defined area that has been opened to fishing. This obligation aligns with the objectives of the Fisheries Management Act 1991 (the Act) and the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Plan), particularly the objective of ensuring the sustainability of fisheries resources. AFMA must also consult with the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC) and consider their views, as stipulated in subsection 23(3) of the Plan. Additionally, AFMA is required to ensure that any directions given comply with the requirements of the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002 (the Regulations), although no specific requirements are currently prescribed in the Regulations. The Direction includes provisions for civil and criminal penalties for breaches of its provisions. Under the Fisheries Management Act 1991, any person who contravenes a direction made under the Act may be liable to a penalty. The maximum penalty for contravening a direction may vary depending on the nature and severity of the breach. For example, an individual may face fines of up to $11,000 for minor infringements, while more serious breaches may incur fines of up to $1,100,000 for corporations. Additionally, the Director of Fisheries may seek an injunction to prevent further breaches, and in severe cases, criminal charges may be brought against the offender. The specific penalties are detailed within the Fisheries Management Act 1991 and the Fisheries Management (General) Regulations 2012.

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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.