EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Heard Island and McDonald Islands Fishery Management Plan 2002
Direction No. HIMIFD 10
CLOSURE OF THE AREA OUTSIDE OF THE HEARD ISLAND PLATEAU TO MACKEREL ICEFISH FISHING
The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Heard Island and McDonald Islands Fishery Management Plan 2002 (the Plan) is a plan of management for the Heard Island and McDonald Islands Fishery (the Fishery) determined under section 17 of the Fisheries Management Act 1991 (the Act) on 8 May 2002.
Subsection 17(5A) of the Act authorises the inclusion in a plan of management of provision for the giving of directions by the Australian Fisheries Management Authority (AFMA), after such consultations as are set out in the Plan, that fishing is not to be engaged in in the Fishery, or a particular part of the Fishery, during a particular period or periods. Holders of fishing concessions in the Fishery are obliged through the operation of sections 22 and 95 of the Act to comply with such a direction as a condition of the grant of a fishing right.
Direction No. HIMIFD 10 revokes a previous direction, Direction No. HIMIFD 5 made on 1 April 2004 but which commenced on 21 April 2004, which is in the same form and to the same effect.
The Fishery
The new Direction, in the same manner as the previous Direction, prohibits fishing for mackerel icefish (Champsocephalus gunnari) in any area of the Fishery on the outside of the Heard Island Plateau as defined in the Schedule to the Direction. This partial closure was recommended by the Commission for the Conservation of Antarctic Marine Living Resources because stocks of this fish outside the Heard Island Plateau are not considered sufficient to support commercial harvest.
Consultation
Subsection 31(1) of the Management Plan provides for AFMA to give a direction as referred to in subsection 17(5A) of the Act. Subsection 31(2) provides that before giving a direction AFMA must consult with, and consider the views of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG). Consultation on the new Direction with SouthMAC and SARAG has taken place in accordance with subsection 31(2) of the Plan.
Both SARAG and SouthMAC are supportive of its implementation.
Regulatory impact analysis
The Office of Best Practice Regulation has advised that no regulatory impact analysis, in the form of a Business Cost Calculator Report or Regulation Impact Statement, is required (reference 10076).
Commencement
Direction No. HIMIFD 10 commences at the start of 22 April 2009.
Details of the Direction are set out below:
Clause 1 Provides that the direction is Direction No. HIMIFD 10.
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 the Direction.
Clause 5 Provides for the interpretation of terms used in the Direction.
Clause 6 Prohibits fishing for mackerel icefish in the Heard Island Plateau as defined in schedule 1.
Clause 7 Provides for an exemption to the Direction if a person is fishing under a Scientific Permit.
Clause 8 Revokes Direction No. HIMIFD 5.