EXPLANATORY STATEMENT
Issued by the Authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Heard Island and McDonald Islands Fishery (Closures) Direction No. 1 2014
The Heard Island and McDonald Islands Fishery (Closures) Direction No. 1 2014 (the Direction) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) provides, inter alia, that the Australian Fisheries Management Authority (AFMA) may, after such consultation as set out in s41A(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(2) also provides that, before AFMA issues a Direction, it must consult with the management advisory committee for the fishery, 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 Fishery
The Heard Island and McDonald Islands Fishery (the Fishery) includes 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 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 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.
The Direction revokes the Direction No. HIMIFD 10 (the Previous Direction). The Direction continues the prohibition to targeting mackerel icefish contained within the Previous Direction.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Direction (OBPR ID: 16891)
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
AFMA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached as a supporting document.
Consultation
In accordance with Section 41A of the Management Act, AFMA consulted with the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) on the Direction. SouthMAC was supportive of the Direction and its contents.
Details of the Direction are set out below:
Clause 1 Provides for the Direction to be cited as the Heard Island and McDonald Islands Fishery (Closures) Direction No. 1 2014.
Clause 2 Provides that the Direction commences on the day after registration on the Federal Register of Legislative Instruments.
Clause 3 Provides that the Direction ceases on 22 April 2019 unless earlier revoked.
Clause 4 Defines terms used within the Direction and provides that a term used in the Direction and in the Plan has the same meaning in the Direction as in the Plan.
Clause 5 States to whom the Direction applies.
Clause 6 Prohibits the targeting of mackerel icefish outside of the area prescribed in Schedule 1.
Clause 7 Revokes the Direction No. HIMIFD 10 from the date of commencement of the Direction.
Schedule 1 Describes the area closed to fishing referred to in clause 6.
Overview
The Fisheries Management Act 1991, enacted to ensure the sustainable management of Australia's fisheries, was supplemented by the Heard Island and McDonald Islands Fishery (Closures) Direction No. 1 2014, issued by the Australian Fisheries Management Authority (AFMA). This Direction was formulated to address the problem of overfishing of mackerel icefish (Champsocephalus gunnari) outside the Heard Island Plateau, a region in the Southern Indian Ocean. The Direction prohibits the targeting of mackerel icefish in areas outside the Heard Island Plateau, reflecting recommendations from the Commission for the Conservation of Antarctic Marine Living Resources which deemed the stocks insufficient to support commercial harvest in these areas. Before issuing this Direction, AFMA consulted with the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC), which supported the measure. The policy objective behind this Direction is to ensure the sustainability and conservation of the mackerel icefish stocks within the Australian Fishing Zone.
Scope and Application
The Heard Island and McDonald Islands Fishery (Closures) Direction No. 1 2014 applies to all persons and entities engaged in fishing activities within the Heard Island and McDonald Islands Fishery, specifically targeting mackerel icefish. This legislative instrument, issued under the Fisheries Management Act 1991, governs the waters surrounding the islands, which are Australian external territories located in the Southern Indian Ocean and fall within the Australian Fishing Zone managed by the Australian Fisheries Management Authority (AFMA). The Direction prohibits the targeting of mackerel icefish outside of the Heard Island Plateau, aligning with recommendations from the Commission for the Conservation of Antarctic Marine Living Resources due to insufficient stock levels for commercial harvest in areas beyond the Plateau. The Direction revokes the previous Direction No. HIMIFD 10, continuing its prohibitions. The Authority consulted with the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) prior to issuing the Direction, which was supportive of its contents. The Direction is set to cease on 22 April 2019 unless earlier revoked.
Key Provisions
The Heard Island and McDonald Islands Fishery (Closures) Direction No. 1 2014 (the Direction) is a legislative instrument under the Fisheries Management Act 1991, specifically section 41A(2), which allows the Australian Fisheries Management Authority (AFMA) to prohibit fishing activities in the fishery or a part of the fishery during specified periods. This Direction was issued to close off areas for the targeting of mackerel icefish (Champsocephalus gunnari) in the Heard Island and McDonald Islands Fishery, except for the Heard Island Plateau (Clause 6). The Direction came into effect on the day after its registration on the Federal Register of Legislative Instruments and will cease on 22 April 2019 unless earlier revoked (Clause 2 and Clause 3). It also revokes the previous Direction No. HIMIFD 10, which contained similar prohibitions regarding mackerel icefish (Clause 7). The Direction applies to all entities engaging in fishing activities within the specified fishery areas (Clause 5).
The Direction imposes clear obligations on fishing entities operating within the Heard Island and McDonald Islands Fishery. Specifically, it mandates that mackerel icefish cannot be targeted outside the Heard Island Plateau, as defined in the Schedule to the Direction (Clause 6). This restriction is based on recommendations from the Commission for the Conservation of Antarctic Marine Living Resources, which concluded that the mackerel icefish stocks outside the Heard Island Plateau are insufficient to support commercial harvesting. Entities must ensure compliance with this prohibition to avoid contravening the legislative requirements. AFMA consulted with the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) as required by the Fisheries Management Act 1991, and SouthMAC expressed support for the Direction and its contents.
Failure to comply with the provisions of the Heard Island and McDonald Islands Fishery (Closures) Direction No. 1 2014 can result in significant legal consequences. The Act does not explicitly state the specific penalties for breaching the Direction, but generally, under the Fisheries Management Act 1991, breaches of fishing regulations can result in substantial fines and potential imprisonment. The exact penalties for non-compliance would be determined by a court, taking into account the severity and circumstances of the breach. Entities found to be in breach may also face additional administrative actions, such as the suspension or revocation of their fishing permits or licenses. Compliance with the Direction is therefore critical to avoid these adverse outcomes.