Direction No. HIMIFD 9 - Prohibition on the use of Fishing Methods other than Trawling or Longlining

Overview

The Fisheries Management Act 1991 was enacted to provide a framework for the sustainable management of fisheries under Australian jurisdiction. This Act aimed to address the need for a structured approach to fisheries management that could ensure the conservation and sustainable use of marine resources. The Heard Island and McDonald Islands Fishery Management Plan 2002, as a plan of management under the Act, was introduced to provide specific management strategies for the fisheries around these islands, including the prohibition on certain fishing methods to protect the unique marine ecosystem. Enacted by the Australian Parliament, the policy objective of the Act is to balance the economic benefits of fisheries with the need for conservation and ecological sustainability. As part of this legislative framework, Direction No. HIMIFD 9, issued by the Australian Fisheries Management Authority, further refines the permissible fishing methods within the Fishery, allowing longlining while prohibiting other methods to mitigate ecological impacts.

Scope and Application

The Heard Island and McDonald Islands Fishery Management Plan 2002, which operates under the Fisheries Management Act 1991, applies to all holders of fishing concessions within the specified Fishery. This legislation mandates that these concession holders must comply with directions issued by the Australian Fisheries Management Authority (AFMA) regarding permissible fishing methods, such as trawling or longlining, as a condition of their fishing rights. AFMA is empowered to give such directions after consulting with the Sub-Antarctic Fisheries Management Advisory Committee and the Sub-Antarctic Resource Assessment Group, as outlined in the Management Plan. The geographic scope of this legislation is limited to the waters surrounding Heard Island and McDonald Islands. The Authority’s power to issue directions is further constrained by the requirement that they be registered on the Federal Register of Legislative Instruments before they can take effect. This regulatory framework is designed to manage and protect the marine environment around these islands, ensuring that fishing activities are conducted in a manner that minimises ecological harm, particularly to seabirds.

Key Provisions

The main operative sections of Direction No. HIMIFD 9 are subsections 17(5A) and 17(5B) of the Fisheries Management Act 1991, which empower the Australian Fisheries Management Authority (AFMA) to issue directions prohibiting certain fishing methods in the Heard Island and McDonald Islands Fishery (section 17(5A)). This direction is contingent upon the Management Plan's stipulations, which include consultation with the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG) (section 31). Section 17(5B) specifies that these directions are integral to the plan of management, making them binding for concession holders under sections 22 and 95 of the Act. Direction No. HIMIFD 9 itself specifically prohibits the use of any fishing methods other than trawling or longlining within the fishery. The obligations imposed by Direction No. HIMIFD 9 are primarily on concession holders within the fishery. These individuals and entities must adhere to the specific fishing methods permitted by the Direction. This includes refraining from using any fishing techniques other than trawling or longlining as stipulated in Direction No. HIMIFD 9. Compliance with these methods is mandatory for all holders of fishing concessions, as per the conditions outlined in sections 22 and 95 of the Fisheries Management Act 1991. Breach of Direction No. HIMIFD 9 carries potential legal consequences. While the explanatory statement does not explicitly detail specific penalties or sanctions for non-compliance, it is implied that such breaches could be subject to the general enforcement mechanisms provided under the Fisheries Management Act 1991. This might include fines, revocation of fishing concessions, or other administrative actions as deemed appropriate by AFMA. Given that a direction under section 17(5A) and 17(5B) is a disallowable instrument, non-compliance could also attract further scrutiny or legal action.