Direction No. HIMIFD 6 - Closure of Waters Adjacent to Heard Island and McDonald Islands

Overview

The Fisheries Management Act 1991 was enacted by the Australian Parliament to provide for the management of fisheries within Australian waters, including the protection of marine resources and ecosystems. The Act was introduced to address the need for effective and sustainable management of fisheries in Australia, ensuring that fishing activities are conducted in a manner that is ecologically sustainable and that fish stocks are not overexploited. The 2002 Heard Island and McDonald Islands Fishery Management Plan, which this legislation references, was developed to provide specific management measures for the fishery around these islands, reflecting the unique ecological characteristics and the need for conservation in the area. Direction No. HIMIFD 6, issued by the Australian Fisheries Management Authority, aims to close certain waters adjacent to Heard Island and McDonald Islands to fishing activities for a period of five years, with an exemption for activities conducted under a scientific permit. This direction was made to protect the marine environment and biodiversity of the region, aligning with the policy objectives of the Fisheries Management Act 1991 and the Heard Island and McDonald Islands Fishery Management Plan 2002.

Scope and Application

The Direction No. HIMIFD 6 issued under the Fisheries Management Act 1991 and the Heard Island and McDonald Islands Fishery Management Plan 2002 applies to holders of statutory fishing rights within the fishery and to any person acting on their behalf. This legislation specifically targets the management of fishing activities within the Heard Island and McDonald Islands Fishery, prohibiting fishing in the designated waters while providing an exemption for activities conducted under a scientific permit. The geographic scope of the Direction encompasses the waters on the landward side of the line one mile to seaward of the outer edge of the territorial sea of the Territory of Heard Island and McDonald Islands. The Direction is effective for a period of five years from its commencement date, with its application extending to any relevant fishing activities conducted within this timeframe. The Direction supersedes Direction No. HIMIFD 2, thereby revoking its provisions.

Key Provisions

The Direction No. HIMIFD 6, made under the Fisheries Management Act 1991 and the Heard Island and McDonald Islands Fishery Management Plan 2002, specifically targets the Heard Island and McDonald Islands Fishery. The key operative section of this Direction is section 6, which prohibits fishing in the waters on the landward side of the line one mile to seaward of the outer edge of the territorial sea of the Territory of the Heard Island and McDonald Islands (section 6). This means that no fishing activities are allowed within this specified area. However, there is an exemption for persons who fish under a scientific permit as outlined in section 15 of the Plan (section 7). This exemption allows scientific research activities to continue, subject to the terms and conditions of the scientific permit. The Direction imposes specific obligations on the holders of statutory fishing rights in the fishery and on any person acting on their behalf. These obligations include adhering to the prohibition on fishing within the defined area unless they hold a valid scientific permit. This requirement ensures that fishing activities are restricted to areas outside the prohibited zone and only for authorised scientific purposes. The Direction is applicable for a period of five years from the date of its commencement, underscoring the need for compliance over this extended timeframe. In terms of consequences for breach, while the Direction does not explicitly state civil or criminal penalties, any contravention of the provisions of the Fisheries Management Act 1991 or the Heard Island and McDonald Islands Fishery Management Plan 2002 may result in legal action. The specific penalties for non-compliance would be determined based on the relevant sections of the Act or the Plan, which could include fines or other sanctions. It is important for all parties involved to ensure strict adherence to the Direction to avoid any potential legal repercussions.