Explanatory Statement
Fisheries Management Act 1991
Bass Strait Central Zone Scallop Fishery Management Plan 2002
Temporary Order - Bass Strait Central Zone Scallop Fishery Management Plan Temporary Order 2009
Section 43 of the Fisheries Management Act 1991 (the Management Act) provides for the Australian Fisheries Management Authority (the Authority) to make a temporary order to enable quick action to be taken to deal with circumstances where urgent action is required for purposes related to the management of a fishery. Pursuant to subsection 92(1) of the Fisheries Administration Act 1991 (the Administration Act), the Authority has delegated its powers and functions under section 43 of the Management Act to the Chief Executive Officer of the Authority.
The purpose of Fisheries Management (Bass Strait Central Zone Scallop Fishery) Temporary Order 2009 (the Order) was to make the fishing season prescribed in section 3 of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Management Plan) consistent with the Harvest Strategy for the Bass Strait Central Zone Scallop Fishery (the Fishery). A copy of the Management Plan can be found on the Authority’s website at www.afma.gov.au.
Harvest Strategies were developed for all Commonwealth managed fisheries in response to a Ministerial Direction made in December 2005 by the then Minister for Fisheries, Forestry and Conservation under section 91 of the Administration Act. These Harvest Strategies introduced a new approach for controlling fishing intensity in Commonwealth managed fisheries to ensure their long term economic and environmental sustainability. The Ministerial Direction also required the Authority to set the total allowable catch (TAC) for commercial and doughboy scallops at zero for a minimum of three years from January 2006 (excluding official stock surveys).
The Harvest Strategy provides for a flexible fishing season length with the default prescribed being from 1 June to 31 January. However, recently the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC) recommended a fishing season from 1 June to 31 December for the 2009 fishing season to protect juvenile scallop stocks. The fishing season prescribed in the Management Plan was 1 May to 20 December.
A survey was undertaken in late 2008 to determine whether stock rebuilding had been sufficient to allow commercial fishing to recommence in 2009. Results from the survey indicated that there had been considerable rebuilding of the commercial scallop stock. Due to the unpredictable nature of commercial scallop stock recruitment dynamics, this outcome was not expected.
In accordance with subsection 43(4) of the Management Act, the Order will have effect for a maximum period of 6 months. During this time the Authority, following consultation with stakeholders, intends to amend the Management Plan to reflect the new dates as made by the Order. The Authority anticipates that the amended Management Plan will commence by the end of 2009.
Consultation
The Bass Strait Central Zone Scallop Fishery Resource Assessment Group (ScallopRAG) and ScallopMAC were consulted on the new dates for the fishing season. This issue was discussed at meetings on, for ScallopRAG, 22 February 2008 and 27 February 2009 and for ScallopMAC, 18 March 2008 and 18-19 March 2009. These groups consist of scientific, industry, State, Commonwealth and environmental representatives. ScallopMAC was also involved in providing critical advice during the development of the Harvest Strategy for the Fishery. Both ScallopRAG and ScallopMAC supported the change to the fishing season as a way forward on managing the fishery consistent with the Harvest Strategy for the Fishery.
Regulation Impact Statement
The Office of Best Practice Regulation determined that a Regulation Impact Statement was not required for the Order (ID10224).
Details of the Order, which commenced on the day after registration on the Federal Register of Legislative Instruments, are set out below.
Clause 1
Provides that the order is the Bass Strait Central Zone Scallop Fishery Management Plan Temporary Order 2009.
Clause 2
Provides that the Order commenced on the day after registration on the Federal Register of Legislative Instruments.
Clause 3
Provides that Schedule 1 amends the Management Plan.
Schedule 1
Amends the default fishing season to be 1 June to 31 December, inclusive.
Overview
The Fisheries Management (Bass Strait Central Zone Scallop Fishery) Temporary Order 2009 was enacted to address discrepancies in the fishing season for the Bass Strait Central Zone Scallop Fishery, as outlined in the Bass Strait Central Zone Scallop Fishery Management Plan 2002, with the objectives of the Harvest Strategy for the fishery. Enacted under Section 43 of the Fisheries Management Act 1991, the Order was introduced by the Australian Fisheries Management Authority, empowered by delegation from the Chief Executive Officer of the Authority. The primary policy objective of the Order was to ensure the fishing season aligned with the Harvest Strategy to maintain the long-term economic and environmental sustainability of the fishery. This was necessitated by an unexpected rebuilding of the commercial scallop stock, prompting the Scallop Fishery Management Advisory Committee to recommend a fishing season from 1 June to 31 December 2009 to safeguard juvenile scallop stocks, differing from the previously prescribed dates in the Management Plan.
Scope and Application
The Fisheries Management (Bass Strait Central Zone Scallop Fishery) Temporary Order 2009 applies to the management of the Bass Strait Central Zone Scallop Fishery, specifically targeting the commercial fishing activities within this zone. The Order is applicable to all entities and individuals involved in the commercial fishing of scallops in this area, including fishers, fishing companies, and stakeholders associated with the fishery. The jurisdictional reach of the Order is governed under the Commonwealth’s authority as delineated in the Fisheries Management Act 1991 and the Fisheries Administration Act 1991. The Order aims to align the fishing season of the fishery with the requirements of the Harvest Strategy for the Bass Strait Central Zone Scallop Fishery, ensuring sustainable management practices. The Order, effective for a maximum period of 6 months, seeks to temporarily adjust the fishing season dates from 1 May to 20 December as prescribed in the Bass Strait Central Zone Scallop Fishery Management Plan 2002, to 1 June to 31 December, following recommendations from the Scallop Fishery Management Advisory Committee and the Scallop Resource Assessment Group. This amendment is to protect juvenile scallop stocks and aligns with the findings of a late 2008 stock survey, which indicated sufficient rebuilding of the commercial scallop stock.
Key Provisions
The Bass Strait Central Zone Scallop Fishery Management Plan Temporary Order 2009 (the Order) is designed to amend the fishing season outlined in the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Management Plan) to better align with the Harvest Strategy for the fishery. This is achieved by setting the fishing season from 1 June to 31 December (section 3, Schedule 1). This change was prompted by an unexpected increase in the commercial scallop stock, which was determined by a late 2008 survey. The Order, under section 43 of the Fisheries Management Act 1991 (the Management Act), allows the Australian Fisheries Management Authority (the Authority) to take swift action where necessary, with the Order effective for a maximum period of six months.
The primary obligations under this Order include ensuring that the new fishing season dates are adhered to by all relevant parties, including fishers, processors, and other stakeholders. The Authority is tasked with overseeing the implementation of these changes and ensuring that the fishing activities are managed in accordance with the revised schedule. This involves close monitoring and enforcement of the new dates to maintain the sustainability of the fishery and to protect juvenile scallop stocks. The Order also requires consultation with the relevant advisory committees, such as the Bass Strait Central Zone Scallop Fishery Resource Assessment Group (ScallopRAG) and the Scallop Management Advisory Committee (ScallopMAC), to gather expert input and ensure the changes are scientifically and practically sound.
Breaching the provisions of the Order may result in various consequences, including civil and criminal penalties. Under the Fisheries Management Act 1991, offences related to non-compliance with the provisions of the Management Plan or the Order can attract significant penalties. For instance, unauthorised fishing during the closed season can result in fines of up to $22,000 for individuals and $110,000 for corporations, along with potential imprisonment. Additionally, persistent or egregious breaches may lead to more severe penalties, reflecting the seriousness of the infringement on fishery management regulations. Compliance with these regulations is critical to ensure the long-term sustainability of the fishery and to uphold the integrity of the management framework established by the Management Act and its subsidiary plans and orders.