Fisheries (Southern and Eastern Scalefish and Shark Fishery Closures) Revocation Direction 2019

 EXPLANATORY STATEMENT 

Issued by the Authority of the Australian Fisheries Management Authority

 Fisheries Management Act 1991 

Fisheries (Southern and Eastern Scalefish and Shark Fishery Closures) Revocation Direction 2019

Authority

Subsection 41A(2) of the Fisheries Management Act 1991 (the Act) provides that the Australian Fisheries Management Authority (the Authority) may, after meeting consultation requirements 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 specified in the direction. 

Subsection 41A(3) of the Act provides that the Authority may, at any time, by a further direction in writing, vary or revoke a direction given under subsection 41A(2) of the Act. The Fisheries (Southern and Eastern Scalefish and Shark Fishery Closures) Revocation Direction 2019 (Revocation Direction) revokes the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2015 (Closures Direction). The Revocation Direction is a legislative instrument for the purposes of the Legislation Act 2003.

The Fishery

The Southern and Eastern Scalefish and Shark Fishery (the fishery) 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 fishery encompasses almost half of the waters within the Australian Fishing Zone. The fishery operates in both Commonwealth and state waters under complex jurisdictional arrangements, due to different Offshore Constitutional Settlement arrangements with each state.

The fishery is managed under the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the Plan), in force under section 17 of the Act, mainly through output controls in the form of Total Allowable Catch (TAC) limits. Input controls used include a limit on the number of boats that operate in each sector, as well as gear restrictions such as limits on mesh size and the amount of fishing gear that may be used.

Background of the Closures Direction

Pink ling (Genypterus blacodes) is a quota species under the Plan which is assessed as two separate stocks; east and west of Longitude 147° East. Although they are assessed as separate stocks the species is currently managed under a global TAC. 

Over time, the Authority has managed eastern zone pink ling by applying daily and regional limits, including trip limits, for the eastern zone of the fishery. The aim of these restrictions is to constrain total fishing mortality of pink ling in the eastern zone. In order to further constrain catches in the eastern zone during the 2014/15 fishing season, The Authority implemented the Fisheries Management (Southern and Eastern Scalefish and Shark Fishery, Pink Ling) Temporary Order 2015 No. 1 (Temporary Order). The Temporary Order closed fishing grounds at Maria Island, Seiner’s Horseshoe and Everard Horseshoe.

Maria Island, Seiner’s Horseshoe and Everard Horseshoe are located within the fishery and have been identified by industry as being areas of high numbers of pink ling. Since 2005 closure of these areas have been implemented by a mixture of voluntary and legislated measures.

The Temporary Order expired on 1 May 2015 and was replaced by the Closures Direction, which continued the closures of pink ling grounds at Maria Island, Seiner’s Horseshoe and Everard Horseshoe.

Purpose

The purpose of the Revocation Direction is to repeal the Closures Direction and to discontinue the closures of pink ling grounds at Maria Island, Seiner’s Horseshoe and Everard Horseshoe.

Based on the best available evidence at the time, the Maria Island, Seiner’s Horseshoe and Everard Horseshoe closures were implemented as a means to improve recruitment by protecting spawning grounds of pink ling. However, overtime, it has become apparent that these closures do not afford the level of protection they were designed to achieve for pink ling and there is little evidence to suggest they protect spawning aggregations of pink ling. Output based catch controls, including an industry-led initiative to restrict catches at the vessel level, have proven to be successful at limiting catches in the east.

Consultation

The Revocation Direction is made under subsection 41A(3) of the Act. The consultation requirements outlined in subsection 41A(2) of the Act and the notification requirements outlined in subsection 41A(2A) of the Act do not need to be met prior to making the Revocation Direction. However, pursuant to consultation requirements under section 17 of the Legislation Act 2003, the Authority has consulted the South East Management Advisory Committee (SEMAC).

At the SEMAC meeting in November 2019, members supported a proposal to open the closures at Maria Island, Seiner’s Horseshoe and Everard Horseshoe, subject to a desktop review of the history of the closures. On consideration of this review out-of-session, SEMAC confirmed its support of opening the closures.

Regulation Impact Statement

The Office of Best Practice Regulation (OBPR) has previously advised that a Regulation Impact Statement is not required for this instrument, consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature (OBPR ID: 14421).

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

This legislative instrument does not infringe any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Accordingly, in the Authority’s assessment, this legislative instrument is compatible with human rights and a declaration is included at Attachment B.

Attachment A

Details of the Revocation Direction

Attachment B

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

Fisheries (Southern and Eastern Scalefish and Shark Fishery Closures) Revocation Direction 2019

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 (the Authority) 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.  Subsection 41A(3) of the Management Act provides that the Authority may, at any time, by a further direction in writing, vary or revoke a direction given under subsection (2).  A direction given under subsection 41A(3) of the Management Act is not subject to the notification requirements under subsection 41A(2). 

The Fisheries (Southern and Eastern Scalefish and Shark Fishery Closures) Revocation Direction 2019 (Revocation Direction) revokes the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No.2 2015. The Revocation Direction is a legislative instrument for the purposes of the Legislation Act 2003.

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.  The Authority is satisfied that the instrument is consistent with its obligation to pursue its statutory objectives.