EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of the
Australian Fisheries Management Authority
Fisheries Management Act 1991
Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 2013
The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 2013 (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 the Australian Fisheries Management Authority (the Authority) may, after such consultation as set out in s41A(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.
Subsection 41A(2) also provides that, before the Authority issues a Direction, it must consult with the management advisory committee for the fishery, the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC), about the content of the Direction unless the Direction is issued in circumstances of an emergency.
Subsection 41A(2B) provides that in an emergency, a Direction may be given under subsection 41A(2) without any consultation and subsection 41A(2A) does not apply. It further provides that the Authority must send holders of fishing concessions in the fishery a copy of the Direction as soon as possible.
The Fishery
The Bass Strait Central Zone Scallop Fishery (the Fishery) lies in the Bass Strait above the State of Tasmania and extends from the Victoria/New South Wales border, typically outside 3 nautical miles, around southern Australia to the Victoria/South Australian border.
Management in the Fishery is through a combination of input and output controls in the form of individually transferable quotas with a Total Allowable Catch determined for each quota species for each fishing year. The main target species in the Fishery is the Commercial Scallop (Pecten fumatus). The Doughboy Scallop (Chlamys (Mimachlamys) asperrimus) is common throughout the Bass Strait however it is rarely retained. The target species are caught primarily for the domestic market.
The scallop resource’s naturally sporadic and fluctuating availability and intermittent recruitment make the concept of unfished biomass problematic. Commercial Scallops aggregate in sub-populations (beds) which have a commercially viable rate some years and not others. The aim of maintaining the fishery at a nominated target reference point is difficult to attain given the nature of the species. This is achieved through a harvest strategy for a fishery which contains measures for setting a total allowable catch and requires all parts of the fishery to be closed to fishing other than those recognised as a viable fishing area.
The Direction
The Direction closes the Fishery to fishing for a specified amount of time.
An area of the Fishery was opened to fishing which was identified as a viable fishing area through pre-season industry surveys. A viable area is an area where scallop density is high enough to enable commercial harvesting of the area. At least 80 percent of Commercial scallops within a viable area must have a shell length of at least 90 mm, and be at least three years of age as confirmed by industry surveys.
However, on 23 October 2013 the Authority was advised that testing for paralytic shellfish toxin (PST) of scallops taken in the Fishery showed PST levels in excess of the safe human limit of 0.8 mg/kg. The Authority considers this an emergency and urgent action is required to ensure the Authority pursues its objective to ensure accountability to the fishing industry and to the Australian community in the management of fisheries resources.
The Direction revokes the Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2013.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Direction (OBPR ID: 15313).
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The Authority assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. The Authority’s Statement of Compatibility is attached as a supporting document.
Consultation
Subsection 41A(2B) of the Management Act provides that in an emergency, a Direction may be given under subsection 41A(2) without any consultation. The Authority is satisfied that the circumstances constitute an emergency and urgent action is required.
The Authority is satisfied that the Direction is consistent with the objectives of the Bass Strait Central Zone Scallop Fishery Management Plan 2002; 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)).
Details of the Direction are set out below:
Clause 1 | Provides for the Direction to be cited as the Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 2013. |
Clause 2 | Provides that the Direction commences on the day after registration on the Federal Register of Legislative Instruments. |
Clause 3 | Provides that the Direction ceases to have effect as if it was repealed on 31 December 2014 unless earlier revoked. |
Clause 4 | Provides that a term used in the Direction and in the Plan or Act has the same meaning in the Determination as in the Plan or Act. |
Clause 5 | States to whom the Direction applies. |
Clause 6 | Prohibits fishing in the Bass Strait Central Zone Scallop Fishery. |
Clause 7 | Provides for the revocation of the Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 1 2013. |
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