Direction No. HIMIFD 10 - Closure of the Area Outside of the Heard Island Plateau to Mackerel Icefish Fishing

Overview

The Fisheries Management Act 1991 was enacted to provide a comprehensive framework for the management of fisheries in Australia and its territories, ensuring the sustainable use of fishery resources. This Act was introduced to address the need for effective management of fishery resources to prevent overfishing and ensure the long-term sustainability of fish stocks. The Australian Fisheries Management Authority (AFMA) is the enacting body under the Act and is responsible for the management of fisheries, including the development and implementation of fishery management plans. The policy objective of the Act is to balance the economic, social and environmental aspects of fisheries management, ensuring that fisheries are managed in a sustainable and responsible manner. AFMA has issued Direction No. HIMIFD 10 to prohibit fishing for mackerel icefish in the Heard Island and McDonald Islands Fishery outside of the Heard Island Plateau as a measure to conserve fish stocks and ensure the sustainability of the fishery. This Direction was made after consultation with relevant advisory committees and is aimed at preventing overfishing and maintaining the health of the fish stocks in the area.

Scope and Application

The Direction No. HIMIFD 10 under the Fisheries Management Act 1991 applies to all persons and entities engaged in fishing activities within the Heard Island and McDonald Islands Fishery, specifically targeting the prohibition of mackerel icefish fishing in areas outside of the Heard Island Plateau. This legislative instrument is issued by the Australian Fisheries Management Authority (AFMA) and is effective following the requisite consultations with the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG), as stipulated in the Heard Island and McDonald Islands Fishery Management Plan 2002. The Direction revokes the previous Direction No. HIMIFD 5, which had similar provisions but commenced on 21 April 2004. Direction No. HIMIFD 10 applies from the start of 22 April 2009 and specifically prohibits fishing for mackerel icefish in the delineated areas to protect fish stocks deemed insufficient for commercial harvest outside the Heard Island Plateau, as recommended by the Commission for the Conservation of Antarctic Marine Living Resources. Exemptions to this prohibition are available for those fishing under a Scientific Permit, as outlined in Clause 7 of the Direction.

Key Provisions

Direction No. HIMIFD 10, issued under the Fisheries Management Act 1991, specifically targets the Heard Island and McDonald Islands Fishery by prohibiting mackerel icefish fishing outside the Heard Island Plateau. This legislative instrument was formulated following recommendations from the Commission for the Conservation of Antarctic Marine Living Resources, which found that the fish stocks in this area were not robust enough to sustain commercial fishing activities (Clause 6). The Direction applies to all individuals and entities operating within the specified fishery area (Clause 3), and it took effect from 22 April 2009 (Clause 2). The obligations imposed by this Direction are quite clear. Fishing concession holders within the fishery are mandated to adhere to the provisions set forth in Direction No. HIMIFD 10 as a condition of their fishing rights (Sections 22 and 95 of the Act). This includes a comprehensive prohibition on mackerel icefish fishing outside the Heard Island Plateau, with the exception of activities conducted under a Scientific Permit (Clause 7). AFMA is required to consult with the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG) before implementing such directions, ensuring that the views of these advisory bodies are taken into account (Subsection 31(2) of the Management Plan). In terms of enforcement and consequences, any breach of the provisions outlined in Direction No. HIMIFD 10 could result in significant penalties. Although the specific penalties are not detailed within the explanatory statement, under the Fisheries Management Act 1991, violations of fishing regulations can lead to substantial fines and potential imprisonment. The seriousness of the offence, the intent behind the violation, and the extent of the breach are all factors that could influence the severity of the penalty imposed. Compliance with the Direction is thus critical to avoid these potential repercussions.