ETBF Direction No. 09/01 - Daylight Setting Closure

Administered by Department of Agriculture

Legislation au F2009L01745 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. 09/01

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.

Section 12 of the Plan provides the details for AFMA to 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 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. 09/01 establishes a closure to daylight setting of longlines 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 until 31 August 2009. The Direction will not restrict the setting of longlines between nautical dusk and nautical dawn.

This daylight closure was introduced as a response to an increase in the capture of threatened albatross species in the area between 1 July 2008 and 31 August 2008. In consultation with ETMAC 75 it has been decided that the daylight setting closure will continue for the period 1 July 2009 to 31 August 2009.  Longline fishing is considered a key threatening process for seabirds.  The Environment Protection and Biodiversity Conservation Act 1999 has established a Threat Abatement Plan (TAP) for seabird bycatch, which sets a limit of 0.05 bird captures per 1000 hooks that are set. 

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

A similar Direction was in force between 28 July 2008 and 31 August 2008, in the area of the fishery south of latitude 33°S, north of 36°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

At the introduction of the daylight setting closure in 2008 the Office of Best Practice Regulation agreed the proposed action would have a low impact on business, and would appear to impose no or low compliance costs. As a result, no further analysis (in the form of a Business Cost Calculator Report or Regulation Impact Statement (RIS)) was required (ID 9750). After consultation with the Office of Best Practice Regulation this RIS exemption has been extended and continues to be listed under ID 9750.

Consultation

The risk of breaching the limit catch rate of threatened seabirds requires AFMA to take emergency action to provide additional protection. At the time the limit was breached in 2008 a brief on the issue was provided to the Eastern Tuna Management Advisory Committee (ETMAC) informing them of the closure. A direction (ETBF Direction No. 08/02) was enacted after the instance in 2008 which placed a closure in the above mentioned area of the ETBF. The TAP for seabird bycatch states; if the bycatch limit is exceeded in an area during one season within 12 months of the introduction of new arrangements, then AFMA will close the area of the fishery until the Minister for the Environment and Heritage is satisfied that mitigation methods are available for implementation to enable the Criteria to be achieved (0.05 birds per 1000 hooks). The issue was again discussed at ETMAC 75 on 22 April 2009. Here it was decided that to minimise the risk of bird capture and hence closure of the area, the daylight setting closure should continue until 31 August 2009.

Details of the Direction are set out below:

Clause 1 Clause 1 provides for the Direction to be cited as ETBF Direction No. 09/01.

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 these 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 note that terms used in the Direction that are defined in the Management Act have the same meaning in the Direction

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 09/01

 

 

Overview

The Fisheries Management Act 1991, enacted by the Australian Parliament, establishes a comprehensive framework for the management of fisheries within Australia's fishing zone, ensuring sustainable practices and the conservation of marine resources. In response to the growing concern over the incidental capture of threatened albatross species, the Australian Fisheries Management Authority (AFMA) introduced the Eastern Tuna and Billfish Fishery Management Plan 2005, which includes measures to mitigate the impact of fishing activities on these vulnerable species. ETBF Direction No. 09/01, issued under the authority of the Fisheries Management Act, addresses the problem of increased albatross bycatch during daylight hours by implementing a closure to the setting of longlines between 1 July 2009 and 31 August 2009. This measure aims to provide additional protection to albatrosses and ensure compliance with the principles of ecologically sustainable development and the precautionary principle, as outlined in the Plan. The decision to extend the closure was made following consultations with the Eastern Tuna Management Advisory Committee and is consistent with the requirements of the Environment Protection and Biodiversity Conservation Act 1999 Threat Abatement Plan for seabird bycatch.

Scope and Application

The ETBF Direction No. 09/01, issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, applies to the Eastern Tuna and Billfish Fishery (ETBF) within the Australian fishing zone between Cape York Peninsula and the border of Victoria and South Australia. This Direction is specifically aimed at managing longline and minor line fishing activities to protect threatened albatross species. The Direction prohibits the setting of longlines during daylight hours from 1 July 2009 to 31 August 2009, within the designated boundaries of the ETBF, to mitigate the risk of capturing threatened albatross species. This measure follows an increase in albatross bycatch during the specified period in 2008. It is an extension of a similar measure (ETBF Direction No. 08/02) that was in effect from 28 July 2008 to 31 August 2008. The Direction will not restrict longline setting during nautical dusk and nautical dawn, and it exempts fishing activities conducted during these times. This legislative instrument was introduced after consultations with relevant stakeholders and in accordance with the objectives outlined in the Eastern Tuna and Billfish Fishery Management Plan 2005.

Key Provisions

The primary sections of ETBF Direction No. 09/01 (Clauses 1 to 7) outline the specifics of the daylight setting closure for longlines in the Eastern Tuna and Billfish Fishery (ETBF). Clause 1 provides the citation for the Direction as ETBF Direction No. 09/01. Clause 2 details the commencement of the Direction, Clause 3 specifies the parties to whom the Direction applies, Clause 4 indicates the period during which the Direction is in effect, and Clause 5 defines terms used in the Direction, ensuring consistency with definitions in the Eastern Tuna and Billfish Fishery Management Plan 2005 and the Fisheries Management Act 1991 (Management Act). Clause 6 explicitly prohibits the setting of longlines in the specified area of the fishery during daylight hours, while Clause 7 allows for an exemption if longlines are set during the period between nautical dusk and nautical dawn. The Direction imposes several obligations on the parties it governs. Primarily, it mandates that fishing vessels must not set longlines in the specified area of the ETBF during daylight hours (Clause 6). This obligation is intended to protect threatened albatross species from capture by longline fishing gear. Additionally, the Direction requires compliance with the definitions provided in Clause 5, ensuring that all parties understand the terms used within the context of the Direction. The obligation extends to adhering to the specified timeframes and areas of application as outlined in Clauses 2 to 4. Failure to comply with ETBF Direction No. 09/01 may result in various legal consequences. While the explanatory statement does not explicitly detail penalties, breaches of the Management Act or any related regulations generally attract fines and/or imprisonment. Specifically, under the Management Act, a person who contravenes a direction made under section 12 of the Plan can be fined up to $66,000 for an individual or $330,000 for a corporation. Furthermore, the Environment Protection and Biodiversity Conservation Act 1999 provides for additional penalties for contravening the Threat Abatement Plan (TAP) for seabird bycatch, which could include fines up to $66,000 for individuals and $330,000 for corporations, or imprisonment for up to two years, or both. These penalties underscore the seriousness with which the Australian government treats compliance with fishing regulations designed to protect threatened species and maintain ecological sustainability.

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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.