Macquarie Island Toothfish Fishery Direction No. 1 of 2011

EXPLANATORY STATEMENT

LEGISLATIVE INSTRUMENT

Issued by the Authority of the
Australian Fisheries Management Authority

Fisheries Management Act 1991

Macquarie Island Toothfish Fishery

Macquarie Island Toothfish Fishery Direction No.1 of 2011

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 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.

Section 22(5) of the Management Act provides that AFMA may specify a condition to which a fishing right is subject.

This Direction closes the Macquarie Island Toothfish Fishery (MITF) to fishing unless operators use the trawl or longline methods of fishing.

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, Parks, 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 Management Act .

Patagonian Toothfish (Dissostichus eleginoides) is the only target species in the MITF. 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 Direction

Previously, trawling was the only approved fishing method in the MITF. Following a successful trial over four seasons from 2007 to 2010, it was shown that Patagonian Toothfish could be effectively targeted by the longlining method and mitigation methods could be adopted to avoid any interaction with seabirds.

This Direction will allow the use of both trawling and longline fishing methods in the MITF.

Consultation

Subsection 41A(2) of the Management Act provides that, before giving a direction, AFMA must consult the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and consider their views. AFMA may also consider the views of other interested persons. 

AFMA consulted with the Sub-Antarctic Resource Assessment Group, SouthMAC and both concession holders in the MITF. All were supportive of the proposal to allow longlining in the MITF. The Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) released a report on the longline trial for public comment and submissions closed on 28 January 2011. Three submissions were received which were then considered by officers from SEWPaC and AFMA.

AFMA is satisfied that the Direction is consistent with the objectives of the Plan; as well as with its obligation to pursue the objectives set out in Section 3 of the Management Act.

Regulation Impact Statement

The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for this Direction (OBPR ID 12474).

Details of the Direction are set out below: