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. 2 2014
The Heard Island and McDonald Islands Fishery (Closures) Direction No. 2 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 fishing in waters between 12 and 13 nautical miles of the Heard Island and McDonald Islands. Heard Island and McDonald Islands are included on the World Heritage List. In addition, the Islands themselves and the surrounding territorial waters, which extend for a distance of 12 nautical miles from the Islands, form part of the Heard Island Wilderness Reserve. An additional buffer zone of 1 nautical mile has been implemented by AFMA to complement the 12-mile prohibition, so fishing is prohibited within 13 nautical miles of Heard Island and McDonald Islands. The Wilderness Reserve is managed by the Australian Antarctic Division (AAD) under the Heard Island Wilderness Reserve Management Plan established under the Heard Island and McDonald Islands Environment Protection and Management Ordinance 1987.
The Direction revokes the Direction No. HIMIFD 11 (the Previous Direction). The Direction continues the prohibition to fishing in the same area 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. 2 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 fishing in waters between 12 and 13 nautical miles of the Heard Island and McDonald Islands.
Clause 7 Revokes the Direction No. HIMIFD 11 from the date of commencement of the Direction.
Overview
The Heard Island and McDonald Islands Fishery (Closures) Direction No. 2 2014 is a legislative instrument introduced under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority (AFMA). This Direction aims to address the need for specific fishing restrictions in the waters surrounding the Heard Island and McDonald Islands, which are external territories of Australia located in the Southern Indian Ocean. The primary problem or gap it was introduced to address is the protection of these islands and their surrounding waters, which are part of a World Heritage site and the Heard Island Wilderness Reserve. The Direction was enacted to ensure compliance with the objectives of the Wilderness Reserve and the broader conservation efforts in the region. AFMA was required to consult with the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) before issuing this Direction, ensuring that the measure aligns with the needs of stakeholders and the conservation objectives of the area.
Scope and Application
The Heard Island and McDonald Islands Fishery (Closures) Direction No. 2 2014 applies to any person or entity engaging in fishing activities within the specified waters around the Heard Island and McDonald Islands, which are external territories of Australia located in the Southern Indian Ocean. The Direction is issued under the Fisheries Management Act 1991 and aims to prohibit fishing in waters between 12 and 13 nautical miles of these islands, complementing the existing 12-mile territorial waters prohibition to form a buffer zone. This legislative measure extends to the Australian Fishing Zone managed by the Australian Fisheries Management Authority (AFMA). The Direction revokes the previous Direction No. HIMIFD 11 and maintains the same fishing prohibition area. The geographic scope of this Direction is limited to the waters surrounding the Heard Island and McDonald Islands, which are also part of the Heard Island Wilderness Reserve managed by the Australian Antarctic Division. This Direction does not specify any exclusions or exemptions and remains in effect until 22 April 2019 unless earlier revoked.
Key Provisions
The Heard Island and McDonald Islands Fishery (Closures) Direction No. 2 2014 (referred to as the Direction) primarily concerns the prohibition of fishing within a specified area around the Heard Island and McDonald Islands (clauses 2, 4, 6). The Direction is issued under the authority of the Fisheries Management Act 1991 (Management Act) and is designed to protect the unique ecological environment of these islands, which are part of Australia’s external territories in the Southern Indian Ocean. The Direction came into effect after registration on the Federal Register of Legislative Instruments and is set to cease on 22 April 2019, unless earlier revoked (clauses 2, 3). The term "fishery" is defined in the Direction, and any terms used both in the Direction and the Plan will have the same meaning in both documents (clause 4). The Direction applies to all individuals and entities engaged in fishing activities in the specified area (clause 5).
Under this Direction, fishing is explicitly prohibited in waters between 12 and 13 nautical miles of Heard Island and McDonald Islands (clause 6). This prohibition extends beyond the 12 nautical mile territorial waters and encompasses an additional buffer zone of 1 nautical mile. The Direction aims to complement the conservation efforts already in place, particularly given the islands' inclusion on the World Heritage List and their status as part of the Heard Island Wilderness Reserve. The Australian Antarctic Division (AAD) manages the Wilderness Reserve under the Heard Island Wilderness Reserve Management Plan, established under the Heard Island and McDonald Islands Environment Protection and Management Ordinance 1987. By implementing this additional buffer zone, the Direction seeks to further protect the fragile marine ecosystem in the area.
The Direction also revokes the Previous Direction (Direction No. HIMIFD 11) from the date of its commencement (clause 7). This means that the new Direction replaces the Previous Direction, which had similar provisions prohibiting fishing in the same area. The revocation ensures that there is a clear and updated legal framework governing fishing activities around the islands. AFMA consulted with the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) before issuing the Direction, and SouthMAC expressed support for its contents.
Breach of the provisions outlined in the Direction may result in legal consequences. The Management Act outlines various offences related to fishing activities within the prohibited areas, and penalties can include fines and other sanctions. While the specific penalties are not detailed in the Direction itself, they can be substantial and are intended to enforce compliance with the conservation objectives of the Direction. Additionally, individuals or entities found in violation of the Direction may face civil or criminal consequences, depending on the severity of the breach and the specific provisions of the Management Act. These measures underscore the importance of adhering to the fishing prohibitions to protect the unique marine environment of Heard Island and McDonald Islands.