EXPLANATORY STATEMENT
Issued by the authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Southern Squid Jig Fishery Management Plan 2005
Direction No. SSJFDIR 01
The proposed Direction would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 17(5B) of the Fisheries Management Act 1991 (the FMA) provides that a plan of management made under the FMA may provide for the Australian Fisheries Management Authority (AFMA) to direct that fishing is not to be engaged in any way or ways, including by reference to a particular area, species or type of fish, a specific fishing method, use of specific equipment or any combination of them.
Subsection 18(1) of the Southern Squid Jig Fishery Management Plan 2005 (the Plan) provides that AFMA may direct that specific fishing is not engaged in in the fishery, or in a particular part of the fishery, in a particular period or periods.
The fishery
The Southern Squid Jig Fishery (SSJF) targets squid species by the squid jigging method. Jigging is a particularly successful method for targeting squid and has a high level of specificity for the target species.
The majority of squid taken from the fishery is sold on the domestic market, with some of the byproduct (mainly tentacles) being exported to Mediterranean countries.
Most squid caught by the jigging method are taken from fishing grounds off Portland, Queenscliff and Lakes Entrance in Victoria, with a small number of operators fishing in South Australian waters.
Regulation Impact Statement
The Office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement was not required for the proposed Direction (ORR ID 7478).
Consultation
AFMA’s management philosophy (as foreshadowed in its governing legislation) involves a partnership approach to the management of marine resources under its jurisdiction. Cooperation with relevant stakeholders, such as the fishing industry, government agencies, the community and others with an interest in the sustainable management of the Commonwealth’s fisheries resources, is a vital part of this approach. This approach provides opportunities for stakeholders to have input into the management process through, in the case of the SSJF, the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and the Southern Squid Jig Fishery Fisheries Assessment Group (SquidFAG) – now known as the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG).
Subsections 18(2)(3) & (4) of the Plan provide that, before directing that specific fishing is not to be engaged in in the fishery, AFMA must consult and consider the views of SquidMAC and may consult and consider the views of any other interested person. AFMA duly sought the views of SquidMAC members, out-of-session on 22 September 2005 with all comments received supportive.
At least 7 days before a direction takes effect AFMA must give each holder of a SFR or scientific permit written notice of the direction. In an emergency AFMA subsections (2) and (3) do not apply however AFMA must still, as soon as practicable, give written notice to holders of SFRs and scientific permits of the direction not to engage in specific fishing activities.
Details of the Direction are set out below:
Clause 1 | Provides for the Direction to be cited as Direction No. SSJFDIR 01. |
Clause 2 | Provides for the commencement and period of application of the Direction. |
Clause 3 | Provides for the interpretation of the Direction. In particular, the clause states that terms defined in the Plan and FMA have the same meaning in the Direction. Terms used in the Direction first take the meaning given in the Plan, then (in the absence of terms in the Plan) that given in the FMA. |
Clause 4 | Prohibits the fishing for species of fish named in parts 1, 2 and 3 of the Schedule. |
Clause 5 | Specifies the exemptions to the prohibition on taking specific species of fish. |