EXPLANATORY STATEMENT
Fisheries Management Act 1991
Bass Strait Central Zone Scallop Fishery Management Plan 2002
Bass Strait Central Zone Scallop Fishery Management Plan Temporary Order 2010 (No. 2)
Section 43 of the Fisheries Management Act 1991 (the Management Act) provides for the Australian Fisheries Management Authority (AFMA) 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), AFMA has delegated its powers and functions under section 43 of the Management Act to the Chief Executive Officer of AFMA.
The purpose of the Bass Strait Central Zone Scallop Fishery Management Plan Temporary Order 2010 No. 2 (the Order) is to alter the application of the Bass Strait Central Zone Scallop Fishery (Closures) Direction No.2 2010 (the Direction) and associated conditions on Statutory Fishing Rights (SFRs) in force under the Bass Strait Central Zone Scallop Fishery Management Plan 2002.
The availability of harvestable scallops in the planned fishing areas of the Bass Strait Central Zone Scallop Fishery (BSCZSF) for the 2010 season, which opened on 1 April 2010, has been below expected levels. The season started late due to higher than average water temperatures and scallops in poor biological condition. This poor biological condition has not significantly improved during the season and therefore the scallops in the areas open to fishing are not of a harvestable quality. There is also a high quantity of newly dead shell in the majority of fished and surveyed regions this season.
AFMA and the Tasmanian Aquaculture and Fisheries Institute conducted a survey of the known scallop beds and indentified scallops of a harvestable quality outside the current fishing area. The Order allows an additional fishing ground to access these harvestable scallops.
This season’s total allowable catch (TAC) is not likely to be reached by operators due to the poor quality of scallops currently being caught. It is therefore necessary to take urgent action by way of Temporary Order to open this area to allow fisher’s access to harvestable scallops thereby allowing them to catch the full TAC. The notice period required to amend the Direction restricts AFMA taking urgent action in this situation. It is therefore necessary to make a Temporary Order.
Harvest Strategies were developed for all Commonwealth 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. The BSCZSF Harvest Strategy prescribes a comprehensive management regime for controlling fishing intensity to ensure the fishery’s long term biological and economic sustainability. This regime involves a spatial criteria rule identifying viable areas in terms of scallop size and discard rates. Accordingly, 40% of these viable areas must remain closed throughout a season. Based on surveys conducted in 2009 scallop stocks were sufficient and the opening of the fishing grounds under this Order will continue to meet all control rules in the Harvest Strategy and does not infringe on the 40% spatial closure requirement.
For the reasons described, the Order is consistent with AFMA’s objectives of maximising the net economic returns while also ensuring that the exploitation of fisheries resources is done in accordance with the principles of ecologically sustainable development. No other action is appropriate.
Consultation
The Scallop Management Advisory Committee (ScallopMAC) is a key advisory body for AFMA on matters relating to the management of the Fishery. This body consists of industry, State, Commonwealth and environmental representatives. ScallopMAC was consulted on 17 September 2010 with the available options for the fishery. From this meeting a survey of the region was designed and completed through cooperation between the Tasmanian Aquaculture and Fisheries Institute, industry and AFMA. The survey results were discussed and decision to open the area is supported by the AFMA Commission. Scientists on ScallopRAG, a scientific advisory body for AFMA on matters relating to the fishery have also been consulted.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) determined that a Regulation Impact Statement was not required for the Order (OBPR ID 11864).
Details of the Order, which commenced on the day of 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 2010 (No. 2). |
Clause 2 | Provides for the commencement and period of application of the Order. |
Clause 3 | Provides that the Order applies to the Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 2010 and associated conditions on statutory fishing rights. |
Clause 4 | Amends Schedule 1 of the Direction. |
Clause 5 | Amends condition 3 on statutory fishing rights. |
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Overview
The Bass Strait Central Zone Scallop Fishery Management Plan Temporary Order 2010 (No. 2) was enacted under the Fisheries Management Act 1991 to address the urgent need for modifying the application of the Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 2010, due to the lower than expected availability of harvestable scallops in the planned fishing areas for the 2010 season. The Australian Fisheries Management Authority (AFMA), as the enacting body, aimed to enable fishers to access harvestable scallops outside the current fishing area to allow them to catch the full Total Allowable Catch (TAC). The Order was introduced to circumvent the notice period required to amend the Direction, thereby allowing AFMA to take swift action in response to the urgent situation.
The policy objective of the Order is to ensure that the fishery's long-term biological and economic sustainability is maintained while providing fishers with the opportunity to catch the full TAC. This was achieved by consulting relevant stakeholders, including the Scallop Management Advisory Committee (ScallopMAC) and the scientific advisory body ScallopRAG. The decision to open an additional fishing ground was supported by these consultations and aligns with AFMA's objectives of maximising net economic returns while adhering to the principles of ecologically sustainable development. The Order was registered on the Federal Register of Legislative Instruments and commenced on the day of registration.
Scope and Application
The Bass Strait Central Zone Scallop Fishery Management Plan Temporary Order 2010 (No. 2) applies to the Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 2010 and the associated conditions on Statutory Fishing Rights in force under the Bass Strait Central Zone Scallop Fishery Management Plan 2002. This temporary order was enacted to address the urgent need for action due to the unavailability of harvestable scallops in the designated fishing areas for the 2010 season. The Order was necessitated by the lower than expected scallop availability, which was impacted by higher than average water temperatures and poor biological conditions of the scallops, rendering them not suitable for harvest. Moreover, there was a high quantity of newly dead shell in the majority of the fished and surveyed regions. The Australian Fisheries Management Authority (AFMA) and the Tasmanian Aquaculture and Fisheries Institute identified harvestable scallops outside the current fishing area, prompting the need to amend the Direction to allow access to these areas.
The Order is designed to facilitate the opening of additional fishing grounds to enable fishers to access harvestable scallops and thus catch the full Total Allowable Catch (TAC). The Order was made necessary by the urgent requirement to act swiftly, as the notice period required to amend the Direction would have impeded AFMA’s ability to take immediate action. This Order aligns with AFMA’s objectives of maximising net economic returns while ensuring the exploitation of fisheries resources is conducted in accordance with the principles of ecologically sustainable development. The decision to implement the Order was supported by consultation with the Scallop Management Advisory Committee (ScallopMAC) and the scientific advice from Scallop Research Advisory Group (ScallopRAG), ensuring that the action taken is both scientifically sound and industry-supported. The Order came into effect on the day of its registration on the Federal Register of Legislative Instruments.
Key Provisions
The key operative sections of the Bass Strait Central Zone Scallop Fishery Management Plan Temporary Order 2010 (No. 2) include Clause 1, which identifies the Order, Clause 2 which specifies its commencement and duration, Clause 3 which states the Order applies to the Bass Strait Central Zone Scallop Fishery (Closures) Direction No. 2 2010 and associated conditions on Statutory Fishing Rights, Clause 4 which amends Schedule 1 of the Direction, and Clause 5 which amends condition 3 on statutory fishing rights. These provisions are designed to provide a legal framework for the urgent adjustment of the fishery management plan due to unexpected challenges faced in the 2010 fishing season.
The Act imposes specific obligations on the Australian Fisheries Management Authority (AFMA) to ensure the fishery's sustainability while allowing for necessary adjustments. AFMA is required to consult with relevant stakeholders, including the Scallop Management Advisory Committee and scientific bodies, to gather and evaluate data on scallop stocks and fishery conditions. Based on this information, AFMA must make timely decisions to amend fishery management plans as needed. The Order is consistent with AFMA’s objective to maximise economic returns while adhering to ecologically sustainable development principles.
Failure to comply with the provisions of this Order could result in civil or criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of fishery management regulations typically carry substantial fines and potential imprisonment under the Fisheries Management Act 1991. The exact penalties would depend on the nature and severity of the breach, as outlined in the relevant sections of the Act.
The Order is designed to address the urgent need to access additional harvestable scallops in the Bass Strait Central Zone Scallop Fishery for the 2010 season. The poor condition of scallops and the late start of the season have made it unlikely that the total allowable catch (TAC) will be reached. By amending the fishery management plan, the Order aims to allow fishers access to viable scallop stocks outside the current fishing areas, thereby ensuring they can meet the TAC and continue their operations effectively. The decision to implement this Order was supported by consultations with relevant stakeholders and scientific advice, ensuring that the measures taken are both necessary and sustainable.