EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Macquarie Island Toothfish Fishery Management Plan 2006
Macquarie Island Toothfish Fishery Closure Direction No.1 of 2008
The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 17(5B) of the Fisheries Management Act 1991 (the FMA) provides that a plan of management made under the FMA may provide for the Australian Fisheries Management Authority (AFMA) to direct that fishing is not to be engaged in any way or ways, including by reference to a particular area, species or type of fish, a specific fishing method, use of specific equipment or any combination of the above.
Subsection 30(1) of the Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan) provides that AFMA may direct that fishing is not to be engaged in the fishery, or in a part of the fishery, during a stated period.
Section 5 of the Plan provides objectives of the Plan, including ensuring the fishery is managed in such way that, among other things; is cost effective and efficient, is sustainable, that maximises economic efficiency, ensures that AFMA is accountable to industry and the living resources of the AFZ are not over-exploited.
The Fishery
Macquarie Island falls under Tasmanian jurisdiction and is located outside the Antarctic convergence approximately 1500 kilometres south east of Hobart.
The waters surrounding Macquarie Island out to 3 nautical miles are Tasmanian State waters and the Tasmanian Department of Primary Industries, Water and Environment controls fishing in these waters. State waters were closed to fishing and classified as a Nature Reserve under Tasmanian law in July 2000. Waters from the 3 nautical mile boundary out to the 200 nautical mile outer boundary of the Australian fishing zone (AFZ) are under Commonwealth jurisdiction and fishing in these waters is managed by AFMA under the Fisheries Management Act 1991.
Patagonian toothfish (Dissostichus eleginoides) is the only target species in the Macquarie Island Toothfish Fishery. Patagonian toothfish is also known as mero, Chilean sea bass and black hake and is found in sub-Antarctic waters on shelves around islands and submarine banks. They are primarily bottom living, in depths of 300 to 2000 metres, although move off the bottom on occasion to feed.
The Fishery consists of two sectors the Aurora Trough and the Macquarie Ridge. Trawling is the only fishing method currently allowed in the Fishery. The AFMA Board has recently approved the second year of a three year longline trial in the Macquarie Ridge sector of the Fishery. The trial will commence on 1 July 2008.
Aurora Trough Sector
The TAC setting process in the Aurora Trough sector of the MITF relies on recommendations based on an annual stock assessment. Due to a delay in the delivery of the 2008 assessment, an alternative approach to setting the TAC in the Aurora Trough sector has been developed.
The approach, modelled on that used in the Southern Bluefin Tuna fishery when no decision on the TAC has been reached by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT), is composed of 3 steps:
a) set the TAC for the Aurora Trough sector of the MITF of Patagonian toothfish at the same level as was set for the 2007/08 season (390 tonnes). AFMA has set a TAC of 390 tonnes for the Aurora Trough sector through Determination No. MITF TAC D3;
b) implement a Direction closing the Aurora Trough sector of the fishery from 30 June 2008 until such time as the stock assessment for the Aurora Trough is completed and the AFMA Board has considered what would be an appropriate catch limit. Once the appropriate catch limit has been agreed by the Board the sector will then be opened;
c) as the Plan does not allow the variation of a TAC once set, if the catch limit is below the TAC set, the Aurora Trough sector would be closed by Direction once the catch limit had been reached.
TACs for the Aurora Trough sector have been based on a conservative harvest strategy which results in precautionary limits being set.
Macquarie Ridge Sector
Macquarie Island Toothfish Fishery Closure Direction No.1 of 2008 will not limit fishing in the Macquarie Ridge sector of the fishery.
Consultation
Subsection 30(3) provides that before giving a direction AFMA must consult with, and consider the views of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG) about the content of the Direction. SouthMAC and SARAG have been consulted and support the making of the Direction.
This Closure Direction been developed in association with the industry and they are supportive of its implementation. The only operator licensed to fish in the Aurora Trough sector has indicated that they will not be starting operations before December 2008, so the timing of this Closure Direction will not impact significantly on their operations.
Regulation Impact Statement
The Office of Regulation Review has advised that a Regulation Impact Statement is not mandatory on the basis that the Direction is of a minor or machinery nature and does not substantially alter existing arrangements (ID 9695).
Commencement
The Macquarie Island Toothfish Fishery Closure Direction No.1 2008 commences on the day after it is registered on the Federal Register of Legislative Instruments.
Details of the Direction are set out below:
Clause 1 Provides that the determination is the Macquarie Island Toothfish Fishery Closure Direction No. 1 of 2008.
Clause 2 Provides for the commencement of the Direction.
Clause 3 States to whom the Direction applies.
Clause 4 Sets out the period of application of the Direction.
Clause 5 Provides for the interpretation of terms used in the Direction.
Clause 6 Prohibits fishing in the Aurora Trough sector of the Macquarie Island Toothfish Fishery for the period stated in the Direction.
Clause 7 Provides that a person who fishes under a scientific permit is exempt from the prohibition in Clause 6.