Direction No. HIMIFD 7 - Closure of Shell Bank to Mackerel Icefish Fishing

Overview

The Fisheries Management Act 1991 was enacted to provide for the sustainable management of Australia's fisheries and aquatic resources. It was introduced to address the need for comprehensive regulation and management of fishing activities to ensure the long-term sustainability of marine resources. The Act was passed by the Parliament of Australia and its primary policy objective is to balance the economic, environmental, and social objectives of the nation's fisheries. One of its legislative instruments is Direction No. HIMIFD 7, which was issued under the authority of the Australian Fisheries Management Authority to specifically manage the Heard Island and McDonald Islands Fishery, including the closure of Shell Bank to mackerel icefish fishing to promote conservation and sustainable use of marine resources.

Scope and Application

The Direction No. HIMIFD 7, issued under the Fisheries Management Act 1991 and the Heard Island and McDonald Islands Fishery Management Plan 2002, specifically targets holders of statutory fishing rights in the Heard Island and McDonald Islands Fishery, as well as individuals acting on their behalf. This Direction applies to the prohibition of fishing activities targeting mackerel icefish in the Shell Bank area within the specified geographic coordinates. It is designed to last for a period of five years from the date of its commencement, and it is notable that any fishing targeting mackerel icefish in this area is strictly prohibited. The Direction does, however, allow for an exemption for those fishing under a scientific permit in accordance with section 15 of the Plan. Additionally, the Direction revokes Direction No. HIMIFD 3, clarifying the scope and application of fishing regulations within the defined area.

Key Provisions

The main operative sections of Direction No. HIMIFD 7 pertain to the prohibition of fishing targeting mackerel icefish in a specific area of the Heard Island and McDonald Islands Fishery known as Shell Bank (section 6.1). This prohibition is defined in Schedule 1, which specifies the geographical coordinates of Shell Bank, ensuring that the area is clearly delineated. Incidental take of mackerel icefish in this area will be deducted from the quota holdings of the person in the same manner as if the species were a target (section 6.2). An exemption is provided for fishing conducted under a scientific permit as per section 15 of the Plan (section 7). Additionally, Direction No. HIMIFD 3 is revoked (section 8). The Act imposes several obligations on parties and entities it governs. Holders of statutory fishing rights and persons acting on their behalf must comply with the prohibition on fishing for mackerel icefish in the Shell Bank area (section 6.1). Any incidental taking of mackerel icefish in this area must be accounted for by deducting it from the quota holdings of the person involved (section 6.2). Furthermore, scientific fishing activities must adhere to the conditions set out in section 15 of the Plan, which allows for exemptions from the general prohibition on fishing (section 7). Breach of the provisions in Direction No. HIMIFD 7 can lead to various consequences. Engaging in fishing activities that target mackerel icefish in the Shell Bank area is strictly prohibited and can result in enforcement actions under the Fisheries Management Act 1991. There are no specific penalties mentioned in the Direction itself; however, penalties for breaches of the Fisheries Management Act 1991 can include substantial fines and potential imprisonment. The maximum penalties for serious offences may extend up to 12 months imprisonment and/or fines up to AUD 126,000 for individuals, and up to AUD 630,000 for corporations, as stipulated in the primary Act. Non-compliance with quota deductions for incidental take can also lead to administrative penalties and adjustments to quota holdings.