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 02
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 7477).
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 02. |
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 carrying, retaining, or landing of dorsal, pectoral, caudal, pelvic and anal fins for all shark species (Class Chondricthyes). |
Clause 5 | Specifies the that the prohibition does not apply if the specified fins are attached to the carcass, and the their combined weight, with any other fish of the Superclass Pisces taken in that fishing trip, do not exceed 100 kilograms. |
Overview
The Fisheries Management Act 1991 was enacted by the Australian Parliament to provide for the management of fisheries within Australia's jurisdiction, ensuring the sustainable use of fisheries resources. This Act addresses the need for a comprehensive and legally binding framework to manage and conserve marine resources, enabling the Australian Fisheries Management Authority (AFMA) to implement effective management plans and measures. The Southern Squid Jig Fishery Management Plan 2005, introduced as part of this Act, was developed to address specific management issues within the Southern Squid Jig Fishery, targeting squid species through the jigging method. The policy objective of this Plan is to ensure the sustainable management of the fishery, protecting the squid stocks and promoting cooperation with stakeholders.
The Southern Squid Jig Fishery Management Plan 2005 includes provisions for AFMA to direct the cessation of specific fishing activities when necessary, with a requirement for consultation with relevant stakeholders, such as the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC). This collaborative approach ensures that management decisions are informed by input from industry, government agencies, and the community, aiming to balance ecological sustainability with the socio-economic interests of those involved in the fishery. The Direction No. SSJFDIR 02, issued under the authority of AFMA, specifies measures such as prohibiting the retention of certain shark fins, reflecting the need for targeted management actions to protect marine biodiversity and comply with international conservation standards.
Scope and Application
The Fisheries Management Act 1991, specifically through the Southern Squid Jig Fishery Management Plan 2005, and the associated Direction No. SSJFDIR 02, applies to entities and individuals engaged in the Southern Squid Jig Fishery (SSJF) targeting squid species via the jigging method. This includes fishing vessels operating within the Commonwealth waters off Portland, Queenscliff, and Lakes Entrance in Victoria, as well as those operating in South Australian waters. The legislation and subsequent direction are overseen by the Australian Fisheries Management Authority (AFMA), which has the authority to direct that specific fishing activities, including those involving particular areas, species, fishing methods, or equipment, are not to be engaged in. This encompasses prohibiting the carrying, retaining, or landing of certain fins for all shark species, unless they are attached to the carcass and meet specified weight criteria. The geographic scope of the legislation is confined to Australian Commonwealth waters and extends to all relevant stakeholders, including fishing industry representatives through committees like the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG). The Direction is subject to consultation requirements, ensuring that AFMA considers the views of relevant stakeholders before implementing any restrictions.
Key Provisions
The key operative sections of this legislation (F2005L03364) concern the management of the Southern Squid Jig Fishery (SSJF), particularly through the prohibition of certain activities and the establishment of consultation processes. Section 18(1) of the Southern Squid Jig Fishery Management Plan 2005 (the Plan) allows the Australian Fisheries Management Authority (AFMA) to direct that specific fishing activities are not to be engaged in within the fishery. This includes the ability to specify areas, species, fishing methods, equipment, or any combination of these (Section 17(5B) of the Fisheries Management Act 1991). Furthermore, Clause 4 of the Direction specifically prohibits the carrying, retaining, or landing of certain fins for all shark species, while Clause 5 provides an exception if the fins are attached to the carcass and do not exceed a certain weight limit.
The Act imposes several obligations and requirements on the parties it governs. Firstly, AFMA must consult with the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and may consult with other interested parties before issuing a direction (Sections 18(2)(3) and (4) of the Plan). AFMA must also provide written notice to holders of Southern Fishery Resources (SFR) and scientific permits at least seven days before a direction takes effect, except in emergency situations where notice must still be provided as soon as practicable. Additionally, the terms used in the Direction are interpreted in accordance with the definitions provided in the Plan and the Fisheries Management Act 1991, with terms defined in the Plan taking precedence.
The Act includes provisions for penalties and consequences for non-compliance. While the explanatory statement does not detail specific penalties, breaches of the provisions of the Fisheries Management Act 1991 can lead to civil and criminal penalties. Civil penalties can include fines up to a certain amount, as determined by the court, and criminal penalties may include imprisonment for various periods, depending on the offence. The specific maximum penalties would be outlined in the Fisheries Management Act 1991 and any related legislation.