Fisheries Management (South Australia Closure) Direction 2025

EXPLANATORY STATEMENT

LEGISLATIVE INSTRUMENT

Issued by the Authority

of the Australian Fisheries Management Authority

Fisheries Management Act 1991

Fisheries Management (South Australia Closure) Direction 2025

Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) provides that the Australian Fisheries Management Authority (AFMA) may, after consultation with the Management Advisory Committee for the fishery, direct that fishing is not to be engaged in in the fishery, or a particular part of the fishery, during a particular period or periods.

Prior to making such a direction, AFMA must ensure that each holder of the fishing concession in the relevant fishery is provided with a copy of the direction seven (7) days before that direction takes effect.

The Fisheries Management (South Australia Closure) Direction 2025 is a direction made under subsection 41A(2) after consultation with the South East Management Advisory Committee (SEMAC) and notification to Southern and Eastern Scalefish and Shark Fishery (SESSF) concession holders.

Objective

The main objective of this Closure Direction is to implement consistent arrangements with South Australia to support the recovery of shark and scalefish species following the recent algal bloom in waters adjacent to South Australia. This algal bloom, observed in South Australia since March 2025, has had a severe impact on more than 500 species of marine life. Both commercial and recreational fisheries have been affected. Preliminary analyses by the South Australian Research and Development Institute (SARDI) in collaboration with the Gulf St Vincent Prawn Fishery indicate significant declines in a range of species with catches well below expected levels. The analysis by SARDI suggests Gummy Shark and School Shark populations may also have been adversely impacted within the affected area, as well as scalefish species that may be taken as bycatch by SESSF concession holders.

Background on the Fisheries

The SESSF covers the area of waters from approximately 80 nautical miles off the coast near Fraser Island in Queensland, south around Tasmania and west to Cape Leeuwin in Western Australia. The area of the SESSF encompasses almost half of the waters within the Australian Fishing Zone (AFZ; as defined by subsection 4(1) of the Management Act). The SESSF operates in both Commonwealth (3-200nm) and state (0-3nm) waters under complex jurisdictional arrangements, due to different arrangements with relevant states under Part 5 of the Management Act.

The South Australian Coastal Waters Sector of the SESSF includes waters generally from the mean low water mark out to 3nm off South Australia. This sector is managed within the SESSF under the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003, in force under section 17 of the Management Act, mainly through output controls in the form of total allowable catch (TAC) limits. Input controls are also used including a limit on the number of boats that operate in each sector, as well as gear restrictions that limits the amount of fishing gear that may be used, and spatial closures.

The South Australian Coastal Waters Sector is directly impacted by this Closure Direction as it applies to all fishing conducted by fishers in the closure area.

This closure is intended to support the recovery of species impacted by the algal bloom by reducing fishing pressure, allowing time for population recovery and enabling assessments of stock damage. This closure has been developed in consultation with, and with the support of, industry.

Consultation

AFMA consulted out of session with SEMAC in December 2025, prior to making the Direction. SEMAC is the overarching committee that provides management advice to AFMA on the SESSF and includes industry members. SEMAC supported the closure.

Management Advisory Committees including SEMAC are established under section 54 of the Fisheries Administration Act 1991.

Regulation Impact Statement

The Office of Impact Analysis (OIA) has advised that a Regulation Impact Statement is not required for this instrument, consistent with the list in Table 1 of the OIA’s Approved Carve-outs as at 12 March 2024 for AFMA (OIA23-06107) for instruments of a machinery nature.

Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

This legislative instrument is compatible with the human rights and freedoms under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. See ATTACHMENT B

ATTACHMENT A

Details of the Fisheries Management (South Australia Closure) Direction 2025

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Fisheries Management (South Australia Closure) Direction 2025

This Legislative Instrument is compatible with the 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

Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) provides that the Australian Fisheries Management Authority (AFMA) may, after consultation with the Management Advisory Committee for the Fishery, direct that fishing is not to be engaged in the fishery, or a particular part of the fishery, during a particular period or periods.

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.