EXPLANATORY STATEMENT
Issued by the Authority of the
Australian Fisheries Management Authority
Fisheries Management Act 1991
Bass Strait Central Zone Scallop Fishery (Closures) Direction Revocation No. 1 2014
The Bass Strait Central Zone Scallop Fishery (Closures) Direction Revocation No. 1 2014 (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.
The power to make an instrument directing not to engage in fishing includes a power to revoke that instrument in accordance with section 33(3) of the Acts Interpretation Act 1901.
The Fishery
The Bass Strait Central Zone Scallop Fishery (the fishery) lies in Bass Strait above the State of Tasmania and extends from the Victorian/New South Wales border, typically outside 3 nautical miles, around southern Australia to the Victorian/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 of the two quota species, commercial scallops and doughboy scallops for each fishing season. The main target species in the fishery is the Commercial Scallop (Pecten fumatus). The Doughboy Scallop (Chlamys (Mimachlamys) asperrimus) is common throughout 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.
The Direction
Historically, the fishing season for the fishery has been set via the registration of a Direction closing the fishery to fishing while allowing for a small area of the fishery to remain open to fishing for a defined period. The area exempted from the closure was identified through pre-season fishing surveys where boats operating under scientific permits surveyed areas of the fishery to determine size and the commercial viability of scallop beds.
On 29 April the Authority’s Commission approved the new Harvest Strategy for the fishery and determined a Total Allowable Catch (TAC) for the 2014 fishing year of 150 tonnes. Under the new Harvest Strategy the 150 tonne TAC is set at the start of the fishing season to provide concession holders the ability to search for and locate commercially viable scallop beds throughout the entire fishery.
The Direction revokes the Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 3 2013 which largely closed the fishery to fishing for the 2014 fishing year.
Regulation Impact Statement
The Office of Best Practice Regulation 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.
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(2) provides that, before the Authority issues a Direction, it must consult with the management advisory committee for the fishery, Scallop Management Advisory Committee (ScallopMAC), about the content of the Direction unless the Direction is issued in circumstances of an emergency.
Both the Scallop Resource Assessment Group (ScallopRAG) and the ScallopMAC were consulted on the new Harvest Strategy for the fishery. While the commercial industry representatives on both groups did not agree with all the components of the new Harvest Strategy they did agree with the components that permit exploratory fishing at the commencement of the season to locate commercially viable scallop beds, and allowing fishing throughout the entire fishery.
The ScallopMAC was consulted on the contents of the Direction and support revoking the current closure Direction thereby opening the fishery to fishing.
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 the new Harvest Strategy for the fishery and its obligation to pursue the objectives set out in Section 3 of the Management Act.
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 Revocation No. 1 2014.
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 July 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 Provides for the revocation of the Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 3 2013.