Eastern Tuna and Billfish Fishery Amendment Direction No. 1 of 2006 - Daylight Fishing Closure

Administered by Department of Agriculture

Legislation au F2006L02423 Not in force Legislative Instrument

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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.

Overview

The Fisheries Management Act 1991 (FMA), enacted by the Commonwealth Parliament, provides a framework for the sustainable management of fisheries in Australian waters. In response to specific challenges within the fishery sector, the Eastern Tuna and Billfish Fishery Management Plan 2005 was developed to address the management of the eastern tuna and billfish fishery, particularly focusing on the sustainable exploitation of resources and the protection of marine biodiversity. A significant issue addressed by this plan is the bycatch of threatened species, such as albatrosses, which prompted the Australian Fisheries Management Authority (AFMA) to introduce the Eastern Tuna and Billfish Fishery Amendment Direction No. 1 of 2006. This amendment was enacted to correct an oversight in the original Direction, allowing fishers to continue retrieving their lines after sunrise while still prohibiting the shooting or soaking of lines during daylight hours. The objective of this amendment is to balance the need for effective conservation measures with the practicalities of fishing operations, ensuring that the fishery remains sustainable while minimising operational disruptions for fishers.

Scope and Application

The Eastern Tuna and Billfish Fishery Amendment Direction No.1 of 2006 applies to the management and regulation of fishing activities within the Australian fishing zone between Cape York Peninsula and the border of Victoria and South Australia, focusing on tuna and billfish species caught by longline and minorline fishing. The Amendment pertains specifically to the closure of daylight fishing in designated areas within this fishery, a measure aimed at mitigating the significant bycatch of threatened albatross species. The amendment allows fishers to retrieve their lines after sunrise, while still prohibiting the shooting or soaking of lines during daylight hours, thus balancing conservation needs with the practical challenges faced by fishers. The amendment is an urgent response to a critical environmental issue, and while it was introduced without consultation due to the emergency nature of the situation, it was communicated to relevant advisory committees. The amendment operates within the framework set by the Fisheries Management Act 1991 and the Eastern Tuna and Billfish Fishery Management Plan 2005, and has been delegated to the Managing Director of the Australian Fisheries Management Authority (AFMA) under Section 92 of the Fisheries Administration Act 1991. The amendment does not require a Regulation Impact Statement as it is considered minor and does not substantially alter existing arrangements.

Key Provisions

The Eastern Tuna and Billfish Fishery Amendment Direction No. 1 of 2006, issued under the Fisheries Management Act 1991, amends the original direction regarding daylight fishing closures. Section 12(1) of the Eastern Tuna and Billfish Fishery Management Plan 2005 allows the Australian Fisheries Management Authority (AFMA) to prohibit fishing during specific periods. This amendment, detailed in Clause 3, allows fishers to continue hauling (retrieving) fishing lines after sunrise, acknowledging the operational difficulties in retrieving longlines, which can be influenced by factors such as catch size, weather conditions, and line tangles. However, it maintains the prohibition on shooting or soaking lines during daylight hours, aiming to balance operational realities with environmental protections. The obligations imposed by this amendment require AFMA to ensure compliance with the amended fishing restrictions within the specified zones. Fishers must adhere to the new provisions, which allow for line retrieval post-sunrise but prohibit the deployment of lines during daylight hours. This obligation is essential to mitigate the bycatch of threatened albatross species while accommodating the practicalities faced by the fishing industry. Compliance monitoring and enforcement measures must be in place to oversee adherence to these provisions. The consequences of non-compliance with the amended Direction are significant. Under the Fisheries Management Act 1991, breaches of the fishing prohibitions outlined in the amended Direction can result in both civil and criminal penalties. Specifically, the Act allows for fines and imprisonment for individuals and corporations found guilty of contravening the provisions. The maximum penalties can include substantial fines and imprisonment terms, reflecting the seriousness with which the Australian government treats non-compliance with fishery management plans and directions. These measures are intended to ensure the sustainability of tuna and billfish populations while protecting threatened species like albatrosses.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.