ETBF Direction No. 08/01 - Daylight Setting Closure

Administered by Department of Agriculture

Legislation au F2008L02822 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

 

Issued by the Australian Fisheries Management Authority, through the Commission established under s10B of the Fisheries Administration Act 1991

 

Fisheries Management Act 1991

Eastern Tuna and Billfish Fishery Management Plan 2005

 

ETBF Direction No. 08/01

Daylight Setting Closure

 

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.  Subsection 12(4) of the Plan provides that AFMA can give such a Direction without consultation or notice in an emergency.

Section 6 of the Plan specifies the 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.

The Fishery

The fishery includes waters within the Australian fishing zone between Cape York Peninsular and the border of Victoria and South Australia. The fishery is for tuna and billfish species caught by longline and minor line fishing.

ETBF Direction No. 08/01 establishes a closure to daylight setting in a specified area of the fishery, the boundaries of which are prescribed. Setting is defined as releasing a longline into the sea. The Direction prohibits the releasing of a longline into the sea during daylight hours until31 August 2008.

This daylight closure has been introduced as an urgent response to a significant increase in the capture of threatened albatross species in the area.  Longline fishing is considered a Key Threatening Process for seabirds.  The Environment Protection and Biodiversity Conservation Act 1999 has established a Threat Abatement Plan for seabird bycatch, which sets a limit of 0.05 bird captures per 1000 hooks that are set.  The recent captures of albatross are likely to result in the limit being exceeded. 

The daylight closure will therefore provide additional protection during this period of higher albatross abundance.

A similar Direction was in force between 11 July 2006 and 8 August 2006, in the area of the fishery south of latitude 35°S, north of 40°S and west of 156°E, following the capture by longline vessels operating in the fishery of a number of endangered albatross. 

 

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 9750).

Consultation

The risk of breach the limit catch rate of threatened seabirds requires AFMA to take immediate action to provide additional protection.  As such, a brief on this issue was provided to the Eastern Tuna Management Advisory Committee (ETMAC) requesting that the ETMAC endorse the institution of a prohibition on daylight setting of pelagic longlines in the area of the fishery south of latitude 33°S, north of 36°S and west of 156°E, to address the issue. The ETMAC responded by unanimously endorsing AFMAs proposed course of action.

Details of the Direction are set out below:

Clause 1 Clause 1 provides for the Direction to be cited as ETBF Direction No. 08/01.

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 specifies the period in which the Direction will apply.

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 (such as ‘area of the fishery’ and ‘Eastern Tuna and Billfish Fishery’) have the same meanings as they have in the Plan. 

The clause includes a further noted, that terms used in the Direction that are defined in the Management Act have the same meaning in the Direction. [I have avoided use of the word ‘indicates’, because the Note does not ‘indicate’ – it states the fact]

Clause 6  Clause 6 prohibits setting of longlines in the given area the fishery. 

Clause 7  Clause 7 provides for an exemption to clause 6 if setting is undertaken at night between nautical dusk (sunset) and nautical dawn (sunrise). 

 

ETBFD 08/01

 

Overview

The ETBF Direction No. 08/01 was issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991 to address an urgent environmental issue related to the Eastern Tuna and Billfish Fishery. This legislative instrument was enacted in response to a significant increase in the capture of threatened albatross species by longline fishing vessels in a specified area of the fishery. The primary objective of this Direction is to provide additional protection for albatross species during periods of higher abundance, thereby aligning with the principles of ecologically sustainable development and the precautionary principle as outlined in the Eastern Tuna and Billfish Fishery Management Plan 2005. The Direction imposes a prohibition on setting longlines during daylight hours in the designated area until 31 August 2008, aiming to prevent the exceeding of the capture limit set by the Environment Protection and Biodiversity Conservation Act 1999. This measure was endorsed by the Eastern Tuna Management Advisory Committee following consultation. The enactment of this Direction reflects AFMA's commitment to mitigating the impact of fishing activities on threatened species and maintaining the long-term sustainability of the marine environment. The Authority acted swiftly in response to the risk of breaching the catch rate limit for endangered albatross, thereby demonstrating a proactive approach to environmental conservation within the fishery. The Direction is intended to operate without the need for extensive consultation, given the urgency of the situation, and it is supported by relevant policy objectives aimed at ensuring the responsible management of fishery resources.

Scope and Application

The ETBF Direction No. 08/01 is a legislative instrument issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, specifically targeting the Eastern Tuna and Billfish Fishery Management Plan 2005. The Direction applies to all persons and entities engaged in longline and minor line fishing for tuna and billfish within the specified waters of the Australian fishing zone, which extend from Cape York Peninsular to the border of Victoria and South Australia. The primary objective of this Direction is to prohibit the setting of longlines during daylight hours in a designated area until 31 August 2008, as an urgent measure to protect threatened albatross species from bycatch. This prohibition is a response to the significant increase in albatross captures, which poses a risk of exceeding the limit set by the Environment Protection and Biodiversity Conservation Act 1999's Threat Abatement Plan for seabird bycatch. Exemptions from this prohibition are limited to longline setting conducted between nautical dusk and nautical dawn. The Direction came into effect following consultation with the Eastern Tuna Management Advisory Committee, which endorsed the measure unanimously.

Key Provisions

The key operative sections of the ETBF Direction No. 08/01 (Clause 6) prohibit the setting of longlines in the specified area of the Eastern Tuna and Billfish Fishery during daylight hours. This prohibition is intended to protect threatened albatross species, whose numbers have recently increased in the area, risking the capture rate limit set by the Environment Protection and Biodiversity Conservation Act 1999. The Direction applies to all relevant parties within the designated fishery area (Clause 3) from the specified commencement date until 31 August 2008 (Clause 4). This restriction aims to prevent further harm to the albatross population and to comply with the objectives of the Eastern Tuna and Billfish Fishery Management Plan 2005, particularly those relating to ecologically sustainable development and the precautionary principle (Section 6 of the Plan). The ETBF Direction No. 08/01 imposes clear obligations on all parties involved in the Eastern Tuna and Billfish Fishery. Specifically, it mandates that no longline fishing is to be engaged in the fishery during daylight hours within the specified area. This requirement is stringent and leaves no room for deviation unless the activity is undertaken at night between nautical dusk and nautical dawn (Clause 7). The Direction ensures that all fishing activities comply with the overarching objectives of sustainable management and conservation of marine resources, particularly in relation to threatened species such as albatrosses. Failure to comply with the provisions of the ETBF Direction No. 08/01 can result in significant consequences. The legislation does not explicitly outline specific offences or penalties in the provided text; however, under the Fisheries Management Act 1991, breaches of such management directions can lead to civil or criminal penalties. These may include fines and potential prosecution, as the Act empowers enforcement agencies to take necessary actions to ensure compliance. The seriousness of non-compliance is underscored by the urgent nature of the measures, reflecting the critical need to protect threatened species and maintain ecological balance within 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.