EXPLANATORY STATEMENT
Issued by the Australian Fisheries Management Authority
Fisheries Management Act 1991
North West Slope Fishery (Partial Area Closure) Direction No. 02.
Section 41A of the Fisheries Management Act 1991 (FM Act) provides that AFMA may direct that fishing not be engaged in a fishery, or part of a fishery, for a specified period, if after consultation AFMA is satisfied that such a direction is necessary in pursuit of its objectives. Section 41A only applies to fisheries not subject to a plan of management.
The North West Slope Fishery
The North West Slope Fishery (the Fishery) extends from a western boundary of longitude 114°E to an eastern boundary of approximately 125°E, extending seaward from a boundary approximating the 200m isobath. There are no seasons in the Fishery, although traditionally it is fished during periods when the Northern Prawn Fishery is closed. Historically, the Fishery has been primarily for scampi and deepwater prawns with some finfish taken.
The Fishery is managed by limiting the amount of fishing effort. These limitations are known generically as input controls and are used to address both biological and economic objectives. The specific types of inputs that are controlled are the number of boats and the gear specifications of those boats. These inputs are managed through the grant of fishing permits and conditions specified in such permits. No plan of management has been determined for the Fishery.
In 2007, AFMA was alerted to fishing activity in the northeast corner of the Fishery, in an area that is less than 200 metres in depth which resulted in high catches of finfish, including goldband snapper and red emperor. Information provided to AFMA by the Western Australia Department of Fisheries (DoF) shows that these two species groups are already heavily fished by State fishers. According to the Western Australia DoF, in 2008, landings of these species exceeded acceptable limits.
Following consultation, AFMA considers that a short-term partial closure of the Fishery in the north east corner is necessary in pursuit of its legislative objectives as:
the stocks of red emperor and goldband snapper in the area are considered to be below acceptable levels by Fisheries WA. AFMA considers that additional pressure by Commonwealth operators on these stocks is not ecologically sustainable in the absence of appropriate trigger limits.
An area closure is the most effective method to reduce fishing mortality of these overfished stocks by prohibiting fishing in the area of concern whilst AFMA develops trigger limits in consultation with WA fisheries.
The North West Slope Fishery (Partial Area Closure) Direction No. 02 (the Direction) implements an area closure in the northeast corner of the Fishery in the area that is less than 200 metres in depth. The partial area closure applies to all persons who are entitled to fish in the Fishery and will expire on 31 December 2010. To address long-term sustainability risks to the snapper species in this part of the Fishery, AFMA will implement trigger limits to restrict total catch once the closure lapses if the Offshore Constitional settlement has not been amended to more accurately reflect the 200m isobath. The geographical coordinates of the closure are expressed in terms of the World Geodetic System 1984 (WGS84). WGS84 is the datum adopted for use on hydrographic charts. As mariners are familiar with its use, it is a popular choice for describing maritime boundaries and was therefore considered appropriate for this Direction by Geoscience Australia.
Consultation
In accordance with section 41A(2) of the FM Act, AFMA is required to consult with the management advisory committee for the Fishery and all holders of fishing permits, scientific permits, foreign fishing licences or foreign master fishing licences entitling the holders to participate in the Fishery. The Fishery is a limited entry Fishery. There are a total of seven fishing permits entitled to participate in the Fishery.
As the Western Trawl Fisheries Management Advisory Committee (WestMAC) was disbanded on 30 June 2009, AFMA consulted with the western trawl fisheries consultative panel that replaced WestMAC. The consultative panel includes a research member, a State government member and four industry members.
AFMA also wrote to all fishing permit holders outlining the proposed measures and inviting them to make submissions within a ten (10) day period. Three submissions were received asking AFMA to reconsider the area closure and to consider implementing trigger limits.
AFMA considered all submissions received and giving due regard to the precautionary principle referred to in Section 3(1)(b) of the Fisheries Management Act 1991, decided that an area closure is necessary to immediately limit fishing mortality by prohibiting fishing in the area of concern whilst catch sharing arrangements, such as trigger limits are developed.
Regulatory Impact Statement
The Office of Best Practice Regulation (OBPR) have advised that a Regulation Impact Statement was not required for the Direction (OBPR ID #10766).
Details of Direction are set out below.
Clause 1 provides for the Direction to be cited as North West Slope Fishery (Partial Area Closure) Direction No. 02.
Clause 2 provides that the Direction will commence the day it is registered.
Clause 3 provides that the Direction applies to persons engaged in fishing in the Fishery.
Clause 4 provides that the Direction applies from the date it commences until it is revoked or 31 December 2010.
Clause 5 defines terms specific to the Direction and defines the geographic coordinate system used to establish the closure.
Clause 6 provides that commercial fishing is prohibited in the area specified in Schedule 1.
Schedule 1 defines the part of the Fishery that is the subject of the partial area closure.