Fisheries Management (Heard Island and McDonald Islands Fishery) (Closures) Direction 2019

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019L00270 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

 

Fisheries Management (Heard Island and McDonald Islands Fishery) (Closures) Direction 2019

 

Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) relevantly provides that the Australian Fisheries Management Authority (AFMA) may, after such consultation as set out in subsection 41A(2), direct that fishing is not to be engaged in the fishery, or a particular part of the fishery, during a particular period or periods.

Paragraph 41A(2)(a) of the Management Act specifically provides that, before AFMA issues a Direction, it must consult with the management advisory committee for the relevant fishery.  For the Direction, applicable to Heard Island and McDonald Islands Fishery (the Fishery), this means that the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) about the content of the Direction unless the Direction is issued in circumstances of an emergency.

The Fisheries Management (Heard Island and McDonald Islands Fishery) (Closures) Direction 2019 (the Direction) is a legislative instrument for the purposes of the Legislation Act 2003.

The Fishery

The Fishery surrounds the external territories of Australia located in the Southern Indian Ocean about 4,000 km south-west of Perth. The islands lie within the Antarctic Convergence.  The waters surrounding the islands out to 200 nautical miles are part of the Australian Fishing Zone which is managed by AFMA.

The Direction

The Direction prohibits fishing targeting mackerel icefish (Champsocephalus gunnari) in any area of the Fishery outside of the Heard Island Plateau as defined in the Schedule to the Direction.  This closure was agreed to by the Commission for the Conservation of Antarctic Marine Living Resources, of which Australia is a member, because mackerel icefish stocks are not considered sufficient to support commercial harvest outside the Heard Island Plateau.

The Direction also prohibits fishing in waters between 12 and 13 nautical miles of the Heard Island and McDonald Islands.  This area is a buffer zone adjacent to the Inner Marine Zone of the Heard Island and McDonald Islands Marine Reserve.

The Direction repeals the Heard Island and McDonald Islands Fishery Direction (HIMIFD) Nos. 1 and 2 (the Previous Directions).  The Direction continues the prohibition to targeting mackerel icefish contained within HIMIFD No.1 and the prohibition to fishing in the same area contained within HIMIFD No.2.   


Regulation Impact Statement

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Direction (OBPR ID: 14421). 

Statement of compatibility with human rights

In accordance with section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011, AFMA assesses that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is included at Attachment A below. 

Consultation

In accordance with paragraph 41A(2)(a) of the Management Act, AFMA consulted with the SouthMAC on the Direction.  SouthMAC was supportive of the Direction and its contents, as it did not make any changes from the previous HIMIFD No. 1 and HIMIFD No. 2. 

Details of the Direction are set out below:

Section 1 Provides for the Direction to be cited as the Fisheries Management (Heard Island and McDonald Islands Fishery) (Closures) Direction 2019.

Section 2  Provides that the Direction commences on the day after registration on the Federal Register of Legislation. 

Section 3  Provides that the Direction is made under subsection 41A(2) of the Management Act. 

Section 4  Prescribes relevant definitions for the purpose of the Direction. 

Section 5  Provides authority for the Schedules to the Direction.

Section 6 Provides that fishing:

  • is not to be engaged in, targeting mackerel icefish, outside the part of the Fishery that is the Heard Island Plateau as described in Schedule 2 (subsection (1)); and
  • is not to be engaged in waters between 12 and 13 nautical miles of the Heard Island and McDonald Islands (a buffer zone adjacent to the Inner Marine Zone of the Heard Island and McDonald Islands Marine Reserve) (subsection (2)).

Schedule 1 Revokes HIMIFD No. 1 and HIMIFD No. 2 from the date of commencement of the Direction.

Schedule 2 Describes the area of the Heard Island Plateau as relevant to the direction in subsection 6(1) of the Direction. 


Attachment A

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Issued by authority of the Australian Fisheries Management Authority

Fisheries Management (Heard Island and McDonald Islands Fishery) (Closures) Direction 2019

 

This legislative instrument is compatible with human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. 

Overview of the legislative instrument

The Fisheries Management (Heard Island and McDonald Islands Fishery) (Closures) Direction 2019 establishes the closure of parts of the Heard Island and McDonald Islands Fishery, as defined by the Heard Island and McDonald Islands Fishery Management Plan 2002.

Specifically, the instrument directs that fishing is not to be engaged in:

  • targeting mackerel icefish in any area of the Fishery outside of the Heard Island Plateau as defined in Schedule 2 to the Direction.  This closure was recommended by the Commission for the Conservation of Antarctic Marine Living Resources because mackerel icefish stocks are not considered sufficient to support commercial harvest outside the Heard Island Plateau (subsection 6(1) of the legislative instrument); and
  • in the area between 12 and 13 nautical miles from the coastline of the Heard Island and McDonald Islands (subsection 6(2)). 

The legislative instrument also revokes the Heard Island and McDonald Islands Fishery (Closures) Direction No. 1 2014 and the Heard Island and McDonald Islands Fishery (Closures) Direction No. 2 2014. 

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms. 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues. 

Overview

The Fisheries Management Act 1991, enacted by the Australian Parliament, provides a framework for the management of Australia's fisheries and marine resources. It addresses the need for effective regulation and sustainable management of marine fisheries within Australia's jurisdiction, ensuring the long-term health and productivity of marine ecosystems. In line with the policy objectives of the Act, the Australian Fisheries Management Authority (AFMA) was authorised to issue directions to manage specific fisheries, including the Heard Island and McDonald Islands Fishery. This legislative instrument, the Fisheries Management (Heard Island and McDonald Islands Fishery) (Closures) Direction 2019, was introduced to implement further restrictions on fishing activities in the Heard Island and McDonald Islands Fishery, particularly targeting mackerel icefish and within specific buffer zones near the islands. The Direction was made under the authority granted by the Fisheries Management Act 1991, ensuring it aligns with the overarching objectives of sustainable fisheries management and conservation.

Scope and Application

The Fisheries Management (Heard Island and McDonald Islands Fishery) (Closures) Direction 2019 applies to the Heard Island and McDonald Islands Fishery, which encompasses the waters surrounding the Australian external territories in the Southern Indian Ocean, approximately 4,000 kilometres southwest of Perth. This legislative instrument, made under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority (AFMA), targets specific fishing activities within this fishery. It prohibits fishing targeting mackerel icefish outside the Heard Island Plateau and in waters between 12 and 13 nautical miles from the coastline of Heard Island and McDonald Islands. The direction revokes previous directions, HIMIFD Nos. 1 and 2, continuing their respective prohibitions. AFMA consulted with the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) on the content of the direction, which was met with support due to its alignment with previous measures. The geographic reach of this direction is confined to the waters within the Australian Fishing Zone surrounding Heard Island and McDonald Islands, as well as the specified buffer zone near the Marine Reserve. The direction does not explicitly mention any exclusions or exemptions, implying that the prohibitions apply broadly within the designated areas.

Key Provisions

The Fisheries Management (Heard Island and McDonald Islands Fishery) (Closures) Direction 2019 sets out specific restrictions on fishing activities within the Heard Island and McDonald Islands Fishery. Section 6(1) of the Direction prohibits fishing that targets mackerel icefish outside of the Heard Island Plateau, while Section 6(2) prohibits fishing in the waters between 12 and 13 nautical miles from the coastline of Heard Island and McDonald Islands. These provisions are designed to protect fish stocks and maintain ecological balance in the region. The Direction revokes the previous Heard Island and McDonald Islands Fishery (Closures) Direction No. 1 2014 and No. 2 2014, aligning the regulatory framework with the latest conservation needs. The obligations imposed by this Direction on the parties it governs include strict adherence to the fishing bans outlined in Section 6. Specifically, fishers and fishing vessels must ensure that they do not target mackerel icefish outside the defined Heard Island Plateau area and must avoid fishing within the specified buffer zone near the islands. Failure to comply with these provisions can result in significant legal consequences. The Direction also mandates that any fishing activities within the Fishery must be conducted in accordance with the definitions and schedules provided in the Direction. Breaches of the Fisheries Management (Heard Island and McDonald Islands Fishery) (Closures) Direction 2019 can lead to various civil and criminal consequences. While the Direction does not explicitly state maximum penalties, violations of similar provisions under the Fisheries Management Act 1991 can result in substantial fines and imprisonment. The exact penalties would depend on the specific nature and severity of the breach, as interpreted under the broader legal framework of the Fisheries Management Act. Compliance with the Direction is crucial to avoid these potential penalties.

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Area of Law
Environmental Law
Fisheries Law
Instrument
Direction
Concepts
Definitions & Interpretation
Prohibited Conduct
Regulatory Standards
Consultation Requirements

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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.