Fisheries Management (Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery Closures) Amendment Direction No. 1 2024

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2024L00546 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT 

 

Issued by the Authority of the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

 

Fisheries Management (Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery Closures) Amendment Direction No. 1 2024

 

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 (Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery Closures) Direction 2021 (the Principal Direction) 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. 

Subsection 41A(3) of the Management Act provides that AFMA may, at any time, vary or revoke a direction made under subsection 41A(2). Any variation direction under subsection 41A(3) is not required to be made subject to the Management Advisory Committee consultation process and concession holder notification process as is required for a subsection 41A(2) direction. However, AFMA has consulted with the SEMAC and the AFMA Commission in relation to the amendment of the Principal Direction.

The Fisheries Management (Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery Closures) Amendment Direction No. 1 2024 (the Amendment Direction) is made under subsection 41A(3) of the Management Act and varies the Principal Direction by updating two (2) existing scheduled closures (Schedules 42 and 43) to trawl methods in the Commonwealth South East Trawl Sector of the Southern and Eastern Scalefish and Shark Fishery.

The closure amendments update the boundaries of the scheduled closures to reduce the closure areas on the eastern boundary to align more closely with the 210 metre isobath.

Pursuant to subsection 41A(5) of the Management Act, the Amendment Direction is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).

Objectives

The Amendment Direction amends the Principal Direction by amending two scheduled closures applicable to trawl methods within the Commonwealth South East Trawl Sector (CTS) of the SESSF. The closures serve to protect two at-risk rebuilding species caught as bycatch (Eastern Jackass Morwong and John Dory) in the CTS. The rebuilding-species are primarily found shallower than the 210 metre isobath and are infrequently caught as bycatch deeper than 210 metres. The amendment was proposed by the South East Trawl Fishing Industry Association (SETFIA) to update the closure boundary to align more closely with the 210 metre isobath. The objective of updating the trawl closure boundaries is to increase the fishing area within the CTS while still maintaining effective protection for the rebuilding species.

Background on the Fisheries

 

The SESSF covers the area of waters from approximately 80 nautical miles off the coast near K’gari (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 (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 CTS extends southward from Barrenjoey (north of Sydney) around the NSW, Victorian and Tasmanian coastlines to Cape Jervis in South Australia. The CTS 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 such as limits to mesh size and the amount of fishing gear that may be used.

 

The CTS within the SESSF is directly impacted by this amendment as it applies to the trawl methods used by this sector.

 

Closures in the SESSF serve to place restrictions on effort to protect fish spawning grounds, minimise impact on deepwater fish species, facilitate the recovery of certain species and protect threatened and endangered species.

 

Consultation

 

AFMA consulted with the industry body, SETFIA, regarding updating the two trawl closure areas and potential impacts on industry. AFMA consulted with the Australian Bureau of Resource Economics and Science (ABARES) on catch rates and economic value within the scheduled closures. After considering the recent structural adjustment, recent catch rates and the ABARES’ analyses, AFMA considers that modifying the two closure boundaries is unlikely to result in additional catch that would exceed the level required to enable rebuilding of Jackass Morwong according to the projected catch scenarios (in line with the Harvest Strategy Policy).

Variations made under subsection 41A(3) of the Management Act do not require AFMA to consult. However, consistent with section 17 of the Legislation Act, AFMA consulted with SEMAC and the AFMA Commission prior to making the Amendment Direction.

Management Advisory Committees including SEMAC are established under section 54 of the Fisheries Administration Act 1991. SEMAC comprises an independent Chair, the AFMA manager, scientific members, an environment conservation member, industry members, a recreational fishing member and an economics member. SEMAC is the overarching committee that provides management advice to AFMA on the SESSF. SEMAC considered the proposal at its meeting on 24 April 2024 and supports the making of the Amendment Direction.

This is consistent with AFMA’s objective to maximise the net economic returns to the Australian community from the management of Australian fisheries.

Impact Analysis

The Office of Impact Analysis does not require an Impact Analysis for this instrument, consistent with the carve-out agreement in place to cover certain regulatory changes by AFMA including opening and closing a fishery and “directing that fishing not be engaged in sub-areas of a fishery” (OIA23 - 06107).

 

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. A full statement of compatibility is set out in the Attachment B.

 

The details of the Amendment Direction are set out in Attachment A.

 


ATTACHMENT A

Details of the Fisheries Management (Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery Closures) Amendment Direction No. 1 2024

 

Section 1               

Provides that the name of the Direction is the Fisheries Management (Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery Closures) Amendment Direction No. 1 2024.

Section 2             

Provides that the Direction commences the day after the instrument is registered.

Section 3

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

Section 4                

Provides that each instrument that is specified in a schedule to the instrument is amended or repealed as set out in the Schedule.

Schedule 1              

Schedule 1 outlines the amendments to the Principal Direction.

Clause 1                  

Repeals entire Schedule 42 and substitutes with a new schedule. The new Schedule provides the new closures boundaries for the Flounder/Kingfisher Trawl Closure. The Flounder/Kingfisher Trawl Closure area outlined in the Direction.

Clause 2

Repeals entire Schedule 43 and substitutes with a new schedule. The new Schedule provides the new closures boundaries for the Babel Island Trawl Closure. The Babel Island Trawl Closure area outlined in the Direction.

 

 

 

 

 

 

 

 

 

 

 

 


ATTACHMENT B

Statement of Compatibility with Human Rights

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

Fisheries Management (Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery Closures) Amendment Direction No. 1 2024

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 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. Subsection 41A(3) of the Management Act provides that AFMA may, at any time, vary or revoke a direction made under subsection 41A(2). Any variation direction under subsection 41A(3) is not made subject to the Management Advisory Committee consultation process and concession holder notification process as is required for a subsection 41A(2) direction.

The Fisheries Management (Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery Closures) Amendment Direction No. 1 2024 amends the Fisheries Management (Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery Closures) Direction 2021 by updating two (2) existing scheduled closures (Schedules 42 and 43) to trawl methods in the Commonwealth South East Trawl Sector of the Southern and Eastern Scalefish and Shark Fishery.

 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 (Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery Closures) Amendment Direction No. 1 2024 was enacted to address specific concerns regarding the management of trawl closures in the Commonwealth South East Trawl Sector of the Southern and Eastern Scalefish and Shark Fishery (SESSF). This amendment direction, issued under subsection 41A(3) of the Fisheries Management Act 1991, was introduced by the Australian Fisheries Management Authority (AFMA) to adjust two existing trawl closure boundaries. The policy objective behind this amendment is to balance the need for sustainable fishing practices with the economic interests of the fishing industry, by updating the trawl closure boundaries to align more closely with the 210-metre isobath. This change aims to increase the fishing area while maintaining effective protection for at-risk species, such as Eastern Jackass Morwong and John Dory, that are primarily found shallower than the 210-metre isobath. The amendment was proposed by the South East Trawl Fishing Industry Association (SETFIA) and follows consultations with relevant stakeholders, including SETFIA, the South East Management Advisory Committee (SEMAC), and the AFMA Commission. The Amendment Direction modifies the existing closures to better align with the depth where the targeted bycatch species are found, thereby reducing the closure areas on the eastern boundary. AFMA considered recent catch rates and economic analyses by the Australian Bureau of Resource Economics and Science (ABARES) to ensure that the boundary changes would not result in additional catch exceeding the levels required for species rebuilding. This legislative instrument does not require an impact analysis and is deemed compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011. The amendment direction is expected to help maintain the sustainability of the fishery while providing more flexibility for the industry.

Scope and Application

The Fisheries Management (Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery Closures) Amendment Direction No. 1 2024 applies to the trawl methods used in the Commonwealth South East Trawl Sector of the Southern and Eastern Scalefish and Shark Fishery (SESSF), specifically updating the boundaries of two scheduled closures (Schedules 42 and 43) to better align with the 210-metre isobath. This amendment aims to increase the fishing area within the Commonwealth South East Trawl Sector (CTS) while maintaining effective protection for the at-risk rebuilding species, Eastern Jackass Morwong and John Dory. The Amendment Direction is a legislative instrument under subsection 41A(3) of the Fisheries Management Act 1991, and it varies the existing Fisheries Management (Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery Closures) Direction 2021. The Amendment Direction does not require consultation with the Management Advisory Committee or concession holders, as it is a variation made under subsection 41A(3). However, the Australian Fisheries Management Authority (AFMA) did consult with the South East Management Advisory Committee (SEMAC) and the AFMA Commission before making the amendment. This amendment does not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011, and is therefore compatible with human rights.

Key Provisions

The Fisheries Management (Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery Closures) Amendment Direction No. 1 2024 (Amendment Direction) amends the Fisheries Management (Southern and Eastern Scalefish and Shark Fishery and Small Pelagic Fishery Closures) Direction 2021 (Principal Direction) by updating two existing scheduled closures (Schedules 42 and 43) to trawl methods in the Commonwealth South East Trawl Sector (CTS) of the Southern and Eastern Scalefish and Shark Fishery (SESSF). These closures were introduced to protect at-risk species caught as bycatch, specifically the Eastern Jackass Morwong and John Dory, which are found shallower than the 210 metre isobath and are infrequently caught as bycatch deeper than 210 metres. The amendment to the closure boundaries aims to increase the fishing area within the CTS while maintaining effective protection for these rebuilding species. The closures serve to protect fish spawning grounds, minimise impact on deepwater fish species, facilitate the recovery of certain species, and protect threatened and endangered species. The Amendment Direction imposes specific obligations on parties involved in the Southern and Eastern Scalefish and Shark Fishery. Firstly, it mandates that the Australian Fisheries Management Authority (AFMA) must consult with the South East Management Advisory Committee (SEMAC) and the AFMA Commission before making any variations or revocations to the Principal Direction. While variations do not require consultation with concession holders, AFMA has voluntarily consulted with the South East Trawl Fishing Industry Association (SETFIA) and the Australian Bureau of Resource Economics and Science (ABARES) on the potential impacts of the proposed amendments. Additionally, the Amendment Direction requires that any changes to the trawl closure boundaries be consistent with the objectives of the SESSF Management Plan 2003, which aims to manage the fishery through output controls such as total allowable catch (TAC) limits and input controls such as gear restrictions. The Amendment Direction does not create new offences or penalties; however, any breach of the closures specified within the Principal Direction or the Amendment Direction could result in enforcement actions under the Fisheries Management Act 1991. Such actions may include fines, prosecution, or other penalties as prescribed by the Act. The maximum penalties for breaches can vary depending on the specific offence and the discretion of the court but may include substantial fines for individuals and corporations. Furthermore, persistent or severe violations could lead to the suspension or revocation of fishing licences, thereby impacting the ability of individuals and companies to engage in commercial fishing activities within the SESSF. In conclusion, the Amendment Direction updates the trawl closure boundaries within the CTS of the SESSF to better protect at-risk species while allowing for increased fishing areas. It imposes obligations on AFMA to consult with relevant committees and industry bodies and mandates compliance with the SESSF Management Plan 2003. While the Amendment Direction itself does not introduce new penalties, existing provisions under the Fisheries Management Act 1991 apply to ensure compliance with the specified closures.

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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.