EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of the Managing Director
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Eastern Tuna and Billfish Fishery Management Plan 2005
Eastern Tuna and Billfish Fishery Amendment Direction No.1 of 2006
Daylight Fishing Closure
The Amendment is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 17(5A) of the Fisheries Management Act 1991 (the Management Act) provides that a plan of management made under the Management Act may provide for the Australian Fisheries Management Authority (AFMA) to give particular Directions for the purposes of attaining the objectives of the plan of management. The subsection also requires that the Directions be made after the consultations (if any) that are set out in the plan of management.
Subsection 12(1) of the Eastern Tuna and Billfish Fishery Management Plan 2005 (the Plan) provides that AFMA may direct that fishing is not to be engaged in the Fishery, or a part of the Fishery, during a particular period or periods. Subsection 12(4) of the Plan provides that AFMA can make such a Direction without consultation or notice in an emergency.
Section 6 of the Plan provides objectives of the Plan, including to ensure that the exploitation of the resources of the Fishery and the carrying on of any related activities are conducted in a manner consistent with the principles of ecologically sustainable development and the exercise of the precautionary principle, and, in particular, the need to have regard to the impact of fishing activities on bycatch species and the long term sustainability of the marine environment.
Section 92 of the Fisheries Administration Act 1991 provides for AFMA to delegate its powers and functions to, among others, the Managing Director of AFMA. Subsection 17(11) of the Management Act permits AFMA to delegate its powers to make Directions (among other things) only to the Managing Director. AFMA has delegated its power to make Directions to the Managing Director.
The Eastern Tuna and Billfish Fishery Direction No.1 of 2006 was made on 12 July 2006 and commenced on 13 July 2006. An oversight in the Direction has been identified, which requires amendment. This amendment provides fishers with the ability to continue to haul (retrieve) fishing lines after sunrise in acknowledgement that the time taken to completely retrieve a longline varies significantly depending on a number of factors including catch, weather and issues such as line tangles. This amendment retains the prohibition on the shooting or soaking of lines during daylight hours, which was the intention of the Direction but acknowledges the significant operational difficulties that fishers can experience that may delay or prolong retrieval of the fishing gear.
The Fishery
The Fishery includes waters within the Australian fishing zone between Cape York Peninsula and the border of Victoria and South Australia. For management and administration, the Fishery is managed in several zones within that are and some areas are closed to fishing. The Fishery is for tuna and billfish species caught by longline and minorline fishing.
The Eastern Tuna and Billfish Fishery Direction No. 1 of 2006 established a closure to daylight fishing in a specified area of the Fishery. The Direction sets out closure boundaries and prevents fishing in that area during daylight hours for a four week period.
This daylight closure was introduced as an urgent response to a significant increase in the bycatch of threatened albatross species in the area. The daylight closure (as amended) will continue to provide additional protection during this period of higher albatross abundance while still allowing fishing during low risk periods (i.e.; at night).
Regulation Impact Statement
The Office of Regulation Review has advised that a Regulation Impact Statement is not mandatory on the basis that the Direction is of a minor or machinery nature and does not substantially alter existing arrangements (ID 8487).
Consultation
The Direction was introduced in response to an emergency situation. As such, AFMA was not obliged to conduct consultation. Notwithstanding, the Eastern Tuna and Billfish Fishery Management Advisory Committee was informed of AFMA’s intention prior to this Direction.
Given the minor and non-restrictive nature of the amendment, further consultation was not required.
Details of the Amendment are set out below:
Clause 1 Provides that this Amendment Direction is the Eastern Tuna and Billfish Fishery Amendment Direction No.1 of 2006
Clause 2 Provides for the commencement of the Amendment Direction
Clause 3 Provides that Schedule 1 amends the Eastern Tuna and Billfish Fishery Direction No.1 of 2006.