Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 3 2011

Overview

The Fisheries Management Act 1991, enacted by the Parliament of Australia, provides a framework for the management of fisheries resources within Australia's jurisdiction, including the regulation of fishing activities to ensure sustainability. The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 3 2011 was issued under the authority of the Australian Fisheries Management Authority (AFMA) to address economic inefficiencies and low catch rates observed in the 2011 fishing season within the Bass Strait Central Zone Scallop Fishery (BSCZSF). This legislative instrument aims to open a new, more viable area of the fishery to improve commercial viability and supply to the domestic market, aligning with the sustainability objectives outlined in the Fisheries Management Act 1991. The Direction follows consultation with relevant stakeholders, including the Bass Strait Central Zone Scallop Fishery Resource Assessment Group and the Bass Strait Central Zone Scallop Fishery Management Advisory Committee, ensuring that the proposed changes are considered and supported by those with an interest in the sustainable management of the fishery.

Scope and Application

The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 3 2011 is a legislative instrument issued under the authority of the Australian Fisheries Management Authority (AFMA) pursuant to the Fisheries Management Act 1991. This Direction applies specifically to the Bass Strait Central Zone Scallop Fishery (BSCZSF) and regulates the fishing activities within this fishery, particularly in the Commonwealth waters of Australia. It applies to all persons and entities engaged in fishing activities within the specified parts of the fishery, as defined in the Direction. The purpose of this Direction is to manage the fishing activities in the BSCZSF by closing certain parts of the fishery to fishing while allowing other parts to remain open based on economic and sustainability considerations. The Direction revokes the previous Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 2011, which had closed the majority of the fishery, and sets out a new area to be left open for fishing based on survey results and industry feedback. The Direction is designed to balance economic efficiency with the sustainability of the fishery resources, ensuring that the fishing activities are managed in a manner consistent with the objectives of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 and the overarching goals of the Fisheries Management Act 1991.

Key Provisions

The Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 3 2011 (the Direction) primarily governs the conduct of fishing activities within the Bass Strait Central Zone Scallop Fishery (BSCZSF). Under clause 6 of the Direction, it mandates that fishing activities are not to be engaged in, except as permitted under clause 7. This means that, generally, all fishing activities within the specified area and period are prohibited unless an exemption applies. The Direction came into effect on a specified date as outlined in clause 2 and applies to all persons involved in fishing within the designated area as specified in clause 4. The Direction imposes several obligations on the parties and entities it governs. Firstly, it requires compliance with the stipulated closures and exemptions, meaning that all fishing activities must cease in the areas specified unless an exemption under clause 7 applies. This includes adhering to the defined terms and conditions as outlined in clause 5. The Authority responsible for overseeing the compliance is the Australian Fisheries Management Authority (AFMA), which has consulted with relevant stakeholders, including the Scallop Resource Assessment Group (ScallopRAG) and the Scallop Management Advisory Committee (ScallopMAC), in formulating the Direction. The Direction must also be consistent with the objectives of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 and the overarching goals of the Fisheries Management Act 1991. Breaching the provisions of the Direction can lead to various civil and criminal consequences. The specific offences and penalties are not detailed within the Direction itself but would be governed by the broader provisions of the Fisheries Management Act 1991. Generally, violations of the Act can result in fines, imprisonment, or both, depending on the severity and frequency of the breach. The maximum penalties can vary, but they are typically substantial to ensure compliance and the protection of the fishery resources. Enforcement actions may be taken by AFMA or other relevant authorities to address non-compliance effectively.