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. 3 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 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) of the Management Act provides that AFMA may direct that fishing not be engaged in any part of a fishery, or in a particular part of a fishery, during a period or periods specified in a Direction.
The Direction sets out to close the Bass Strait Central Zone Scallop Fishery (BSCZSF) to fishing and only leave a certain area of the fishery open to fishing.
The 2011 fishing season in the BSCZSF opened on 27 July 2011. Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 (Closure Direction No. 2) was registered for the start of the season which closed the majority of the fishery to fishing.
Prior to the season commencement boats operating under scientific permits surveyed the area left open under Closure Direction No. 2 to assess scallop condition. The survey also incorporated surrounding areas to locate commercially viable scallop beds and collect information to determine biomass estimates.
Following the opening of the 2011 fishing season, catch rates in the area left open under Closure Direction No. 2 have proven to be too low to make fishing commercially viable. Survey information showed that viable scallop beds existed adjacent to the area left open under Closure Direction No. 2.
The identification of these viable scallop beds resulted in industry members requesting a new area be opened to fishing. Opening of a new area identified by industry is expected to increase economic efficiency by improving catch rates and increasing the supply of scallops to the domestic market.
The Direction revokes Closure Direction No. 2 closing the fishery, but leaving open a larger, potentially more viable area of the fishery for 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 41A(2) of the Management Act provides that, before giving a Direction, AFMA must consult the relevant management advisory committee for the fishery and consider their views. AFMA may also consider the views of other interested persons.
Both ScallopRAG and ScallopMAC members were consulted on the content of the Direction, and agree with the proposal to revoke the existing Closure Direction No.2, and register a new Direction leaving open a new area of the fishery on economic grounds.
AFMA 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)).
The recommended area to be left open to fishing, and management blocks, are designed to implement the most efficient and cost-effective management for the BSCZSF. The recommended area to be opened to fishing for the 2011 season is also consistent with the Harvest Strategy for the fishery.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for this Direction consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature.
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.3 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 for an exemption to Clause 6. |
Clause 8 | Revokes Bass Strait Central Zone Scallop Fishery (Closures) Direction No.2 2011. |