EXPLANATORY STATEMENT
Issued by the authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Bass Strait Central Zone Scallop Fishery Management Plan 2002
Direction No. BSCZSF 01
The proposed Direction would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 17(5A) of the Fisheries Management Act 1991 (the FMA) provides that a plan of management made under the FMA may provide for the Australian Fisheries Management Authority (AFMA) to direct that fishing is not to be engaged in in the fishery, or a particular part of the fishery, during a particular period or periods. The subsection also requires that the directions be made after such consultations (if any) as are set out in the plan of management.
Subsection 23(1) of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Plan) provides that AFMA may direct that fishing is not to be engaged in in the fishery, or a part of the fishery, during a stated period.
The Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002 (the Regulations) complement the Plan and prescribe matters in support of the FMA relevant to the fishery.
Subsection 23(2) of the Plan provides that in giving directions, AFMA must ensure that the requirements (if any) set out in the Regulations for the purposes of this subsection are met. Regulation 9 requires that at all times at least one bed of scallops in the east and west of the fishery must be closed to fishing, and that fishing must be prohibited in a bed of scallops if greater than 20% of commercial scallops are smaller than the minimum size (90mm). This Direction meets the requirements of Regulation 9 for at least one bed of scallops in the east of the fishery to be closed to fishing.
The fishery
The principal target species in the Bass Strait Central Zone Scallop Fishery (BSCZSF) is the commercial scallop (Pecten fumatus). The principal harvest method is by a scallop harvester (or dredge). The main markets for scallops have traditionally been France, Hong Kong, USA and the domestic market.
As a result of overfishing and a severe decline in catch in 1998 the fishery was closed to fishing in 1999 and 2000. To increase the probability of stock recovery, in 2001 AFMA introduced decision rules which required that at least one area in the east and west of the fishery be closed to fishing. These decision rules were subsequently incorporated into the management plan and regulations for the fishery. There has been an area closure of the known scallop beds (or part of these beds) in the eastern part of the fishery since 2001. Scientific surveys undertaken in this area since 2000 have provided evidence of stock rebuilding, but there has not been a full recovery. Partly because of these closures in the fishery, there have been some marketing challenges faced by scallop operators. These relate mainly to continuity of supply of fresh product to both domestic and export markets and have been exacerbated by competition with cheaper imported product.
Regulation Impact Statement
The Office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement was not required for the proposed Direction (ORR ID 7026).
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 BSCZSF, the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC).
Subsection 23(3) of the Plan provides that, before giving a direction, AFMA must consult the Committee about the content of the Direction unless the Direction is made in an emergency. AFMA consulted with ScallopMAC prior to making the Direction and ScallopMAC fully supported the making of the Direction.
Details of the Direction are set out below:
Clause 1 | Provides for the Direction to be cited as Direction No. BSCZSF 01. |
Clause 2 | Provides for the commencement of the Direction. |
Clause 3 | States to whom the Direction applies. |
Clause 4 | Sets out the period of application of this Direction. |
Clause 5 | Provides for the interpretation of the Direction. In particular, the clause adopts defined terms used in the Plan. The notes indicate that terms defined in the Plan and FMA have the same meaning in the Direction. |
Clause 6 | Prohibits fishing in the area defined in Schedule 1 for the period of the Direction. |
Schedule 1 | Describes the area to which the Direction applies. |