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. |
Overview
The Fisheries Management Act 1991 (FMA) was enacted to provide a comprehensive framework for the sustainable management of fisheries within Australia’s jurisdiction, addressing the need for effective regulation and conservation of marine resources. This Act empowers the Australian Fisheries Management Authority (AFMA) to develop and implement management plans, including specific directions to regulate fishing activities. The Southern Squid Jig Fishery Management Plan 2005, which includes Direction No. SSJFDIR 01, was introduced to manage the Southern Squid Jig Fishery (SSJF), a fishery targeting squid species through the jigging method, primarily off the coasts of Victoria and South Australia. The primary policy objective of this Direction is to ensure the sustainable management of the SSJF by controlling specific fishing activities to protect the squid population and maintain the ecological balance of the marine environment.
The enactment of Direction No. SSJFDIR 01 reflects AFMA’s commitment to a collaborative management approach, engaging with stakeholders such as the fishing industry, government agencies, and community representatives through bodies like the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG). This consultative process ensures that all relevant parties have the opportunity to contribute to the management decisions, fostering cooperation and adherence to sustainable fishing practices. The Direction mandates consultation with SquidMAC and allows for input from other interested parties before implementing any restrictions on fishing activities within the SSJF.
Scope and Application
The Fisheries Management Act 1991, under which the Southern Squid Jig Fishery Management Plan 2005 and Direction No. SSJFDIR 01 have been enacted, applies to entities and individuals involved in the fishing activities within the Southern Squid Jig Fishery. This includes both commercial and recreational fishers who operate within the fishery's defined geographical boundaries, which primarily extend off the coast of Victoria, with some activities occurring in South Australian waters. The Act provides the Australian Fisheries Management Authority (AFMA) with the authority to direct and manage the specific fishing practices within this fishery to ensure sustainable management of marine resources. AFMA is mandated to consult with relevant stakeholders, including the Southern Squid Jig Fishery Management Advisory Committee and other interested parties, before implementing any directions under the Plan. Exemptions and specific exclusions are outlined in the Schedule of Direction No. SSJFDIR 01, which details the species and methods affected by the prohibitions, while also stipulating conditions under which certain fishing activities may still occur. The geographical reach of this legislation is confined to the Commonwealth waters where the specified fishery activities take place, and it extends to both state and territory waters as defined within the jurisdictional scope of the Fisheries Management Act 1991.
Key Provisions
The main operative sections of this Direction, SSJFDIR 01, concern the prohibition of certain fishing activities within the Southern Squid Jig Fishery (SSJF). Section 1 provides the citation of the Direction, Section 2 outlines the commencement and application period, and Section 3 clarifies the interpretation of terms used, ensuring consistency with definitions in the Southern Squid Jig Fishery Management Plan 2005 (the Plan) and the Fisheries Management Act 1991 (FMA). Section 4 explicitly prohibits fishing for specific species of fish named in Parts 1, 2, and 3 of the Schedule attached to the Direction. Section 5 details exemptions to this prohibition, specifying circumstances under which certain activities may still be permissible.
The obligations imposed by the Direction primarily concern the Australian Fisheries Management Authority (AFMA) and holders of Special Fishing Rights (SFR) or scientific permits. AFMA is required to consult with the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and may consult with other interested parties before issuing a direction prohibiting specific fishing activities. AFMA must provide written notice to holders of SFRs and scientific permits at least seven days before the direction takes effect, except in emergencies where notice must still be given as soon as practicable. This ensures transparency and allows stakeholders to prepare for any changes in permitted activities.
Failure to comply with the provisions of this Direction may result in civil or criminal consequences, depending on the nature and severity of the breach. The specific offences and penalties are not detailed within the text provided, but under the FMA, breaches of fishery management plans and associated directions can lead to substantial fines and potential imprisonment for individuals. The exact penalties would be determined in accordance with the FMA and any relevant regulations, which may include maximum fines and imprisonment terms as stipulated by Australian law.
In summary, this Direction, SSJFDIR 01, establishes clear prohibitions on certain fishing activities within the SSJF, mandates consultation with relevant advisory committees, and requires timely notification to affected parties. Non-compliance with these provisions may result in significant civil or criminal penalties, reinforcing the importance of adhering to the outlined regulations for sustainable management of the fishery.