Eastern Tuna and Billfish Fishery Direction No. 2 of 2006

Administered by Department of Agriculture

Legislation au F2006L02786 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

 

ETBF Direction No. 2 of 2006

Closure of Northern Waters to Longline Fishing

 

The Direction 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 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.

Section 6 of the Plan provides objectives of the Plan, including ensuring maximum economic efficiency in the exploitation of the resources of the fishery.  Section 3 of the Management Act also prescribes objectives for the management of all Commonwealth fisheries, including maximising the net economic return to the Australian community from the exploitation of fisheries resources.

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 Fishery

The fishery includes waters within the Australian Fishing Zone between Cape York Peninsular and the border of Victoria and South Australia.  For management and administration, the fishery is managed in several zones, within these zones there are some areas that are closed to fishing. The fishery targets tuna and billfish species by longline and minorline fishing methods.

ETBF Direction No. 2 of 2006 establishes a closure to longline fishing in a specified area in the north of the fishery.  The Direction sets out closure boundaries and prevents fishing in that area from 25 August 2006 until 31 December 2006.  The Direction also provides an exemption for fishers to continue to operate in the area under a permit that isexempted from the Closure of Northern Waters to Longline Fishing”.  Eligible permits will be amended to include this classification according to the following criteria:

  • There must be a boat nominated on the permit for the ETBF on 1 August 2006; and
  • The boat must have been used in accordance with the permit to catch fish using longlines in the ETBF at some stage between 1 January 2006 and 1 August 2006 (as evidenced by a Catch Disposal Record).

This closure has been introduced as an initial response to a significant increase in the targeting of albacore tuna in the area.  International experience has repeatedly demonstrated that rapid expansion in catch and effort for albacore can cause significant declines in catch rates, resulting in decreased economic returns and localised depletion. 

International experience has shown that management of albacore must be focussed on economic sustainability.  This is because the large size of targeted fish compared to the relatively small size at maturity means that fishing at high rates becomes unprofitable well before it has any long-term impact on stock recruitment.  AFMA is therefore seeking to introduce management measures to maximise the long term economic returns from this sector of the fishery.

A key component in delivering economic sustainability is balancing the level of financial return from fishing with the level of capital investment required to derive those returns.  The closure seeks to prevent the mobilisation of currently inactive permits to fish for albacore.  Such mobilisation is considered inappropriate as the level of capital expenditure required to begin fishing may not be balanced by long-term economic returns from the fishery.

Using the criteria above, those permits that have been actively fishing in the ETBF throughout 2006 will remain free to access the “albacore area”.  Permits that have not been active during 2006 may still be activated, and could still fish for albacore, but not in the closed area.  Approximately 79% of albacore catches in 2006 have been taken in the closed area, which also provides room for the expected north-south migration of albacore.   A large proportion of the ETBF fishery area remains open to fishing, allowing development potential for albacore and other species in the fishery.

Australia also has a binding commitment under the Western and Central Pacific Fisheries Convention that it will not allow increased numbers of vessels to target albacore during 2006.  This Direction will help to ensure compliance with that commitment.

Regulation Impact Statement

The Office of Regulation Review has advised that a Regulation Impact Statement is mandatory on the basis of the Direction’s impact on small business, including a restriction on competition (ID 8555).

Consultation

Under subsection 12(2) of the Plan, AFMA is required to consult with the relevant advisory committee (in this case – the Eastern Tuna Management Advisory Committee) prior to making a Direction.  This Direction is a direct result of a unanimous decision of the Eastern Tuna Management Advisory Committee at its 65th meeting on 3 and 4 August 2006.

Details of the Direction are set out below:

Clause 1 Clause 1 provides for the Direction to be cited as ETBF Direction No. 2 of 2006.

Clause 2  Clause 2 provides for the commencement of the Direction.

Clause 3  Clause 3 states to whom the Direction applies.

Clause 4  Clause 4 sets out the period of application of this Direction.

Clause 5  Clause 5 defines certain terms used in the Direction and provides that terms used in the Direction that are defined for the purposes of the Plan have the same meanings as they have in the Plan.  The note indicates that terms defined in the Management Act have the same meaning in the Direction.

Clause 6  Clause 6 prohibits commercial fishing in the given area the fishery. 

Clause 7  Clause 7 provides for an exemption to clause 6 if fishing is undertaken via a permit that has a condition stating it is a “2006 active permit” for the purposes of the Direction.

ETBFD 06/02

Overview

The Fisheries Management Act 1991 was enacted to provide a framework for the management of fisheries in Australian waters. This Act addresses the need for sustainable management practices to ensure the long-term viability of fish stocks and the economic interests of the fishing industry. The Act empowers the Australian Fisheries Management Authority (AFMA) to implement management plans and make directions to achieve the objectives of sustainable exploitation of fisheries resources. ETBF Direction No. 2 of 2006 was issued under the authority of the Managing Director of AFMA to address the problem of overfishing of albacore tuna in the Eastern Tuna and Billfish Fishery. This Direction was introduced in response to an observed significant increase in the targeting of albacore tuna, which has been shown to lead to declines in catch rates and economic returns if not managed properly. The policy objective of the Direction is to prevent the mobilisation of inactive fishing permits to fish for albacore, thereby balancing capital investment with long-term economic returns and ensuring compliance with Australia’s international commitments under the Western and Central Pacific Fisheries Convention.

Scope and Application

The ETBF Direction No. 2 of 2006, issued under the Fisheries Management Act 1991 and the Eastern Tuna and Billfish Fishery Management Plan 2005, applies to all entities and individuals engaged in commercial fishing activities within the specified waters of the Australian Fishing Zone between Cape York Peninsula and the border of Victoria and South Australia, particularly targeting tuna and billfish species using longline fishing methods. This legislative instrument was enacted by the Australian Fisheries Management Authority (AFMA) and is enforceable from 25 August 2006 to 31 December 2006, as delineated in the Direction. The primary purpose of this Direction is to close a specific northern area of the fishery to longline fishing to prevent overfishing of albacore tuna, aiming to ensure maximum economic efficiency and sustainability in line with the objectives outlined in the Management Plan and the Fisheries Administration Act 1991. Exemptions are provided for permits that meet certain criteria, such as having a boat nominated on the permit for the fishery on 1 August 2006 and having been used to catch fish using longlines between 1 January 2006 and 1 August 2006. This legislative instrument extends to Commonwealth waters and adheres to Australia's international commitments under the Western and Central Pacific Fisheries Convention.

Key Provisions

The ETBF Direction No. 2 of 2006, under the Fisheries Management Act 1991, establishes a temporary closure of the northern waters of the Eastern Tuna and Billfish Fishery (ETBF) to longline fishing, effective from 25 August 2006 to 31 December 2006 (Clause 6). This closure is specifically aimed at managing the fishery to ensure sustainable economic returns, particularly concerning the albacore tuna species (Section 6). The geographical scope of this closure includes the waters within the Australian Fishing Zone between Cape York Peninsula and the border of Victoria and South Australia, targeting the management of tuna and billfish species through longline and minorline fishing methods. The ETBF Direction No. 2 of 2006 imposes specific obligations on parties involved in the ETBF. These include adhering to the defined closure period and ensuring that any longline fishing activities in the specified area cease unless an exemption is granted (Clause 6). Additionally, any fishing permits issued must meet certain criteria, including that the boat nominated on the permit must have been actively used in the ETBF for catching fish using longlines between 1 January 2006 and 1 August 2006, as evidenced by a Catch Disposal Record (Clause 7). Permits meeting these criteria will be classified as "2006 active permits," allowing them to continue operations in the closed area under specific conditions. Failure to comply with the ETBF Direction No. 2 of 2006 can result in significant legal and financial repercussions. The Act provides for enforcement mechanisms to ensure adherence to the provisions outlined. Violations of the fishing restrictions and failure to comply with permit conditions can lead to penalties as prescribed by the Fisheries Management Act 1991 and the Fisheries Administration Act 1991. The potential consequences for non-compliance include fines and, in severe cases, criminal charges. The exact penalties are not specified in the Direction but are aligned with the broader legislative framework, which mandates strict enforcement to uphold the sustainability objectives of the fishery.

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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.