SESSF Direction No. 04 - Western Zone Orange Roughy Closure

Administered by Department of Agriculture

Legislation au F2005L01962 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Issued by the Authority of the Managing Director

of the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

Southern and Eastern Scalefish and Shark Fishery Management Plan 2003

 

SESSF Direction No. 04

 

Subsection 17(5A) of the Fisheries Management Act 1991 (the Management Act) provides that a plan of management made under the Management Act may provide for the Australian Fisheries Management Authority (AFMA) to give particular directions for the purposes of attaining the objectives of the plan of management.  The subsection also requires that the directions be made after the consultations (if any) that are set out in the plan of management.

 

Subsection 56(1) of the Southern and Eastern Scalefish and Shark Management Plan 2003 (SESSF Plan) provides that AFMA may direct that fishing is not to be engaged in the fishery, or a part of the fishery, during a particular period or periods.  Section 5 of the SESSF Plan provides objectives of the SESSF Plan, including the implementation of efficient and cost effective management of the fishery.

 

Subsection 56(2) of the SESSF Plan provides that, before AFMA issues a direction, it must consult and consider the views of, each relevant management advisory committee about the content of the direction unless the direction is issued in circumstances of an emergency.

 

Section 92 of the Fisheries Administration Act 1991 provides for AFMA to delegate its powers and functions to, among others, the Managing Director of AFMA.  Subsection 17 (11) of the Management Act permits AFMA to delegate its powers to make directions (among other things) only to the Managing Director.  AFMA has delegated its power to make directions to the Managing Director.

 

Background

 

A closure in the western zone was recommended by the joint GHATMAC/SETMAC (Sept. 2004) meeting to “develop an area in the western orange roughy zone to protect spawning”.

Analysis of the CPUE data from the western zone suggests that a 450 t TAC is inconsistent with the current status of the stocks and is incompatible with the current catches of around 250t. Industry believes there is a resident stock which is susceptible to fishing throughout the year and a transient stock that enters the regions when conditions are suitable.

 

Purpose

It has been agreed by SETMAC that a temporal spawning closure would provide a level of protection to the orange roughy stock in the western zone. This would also prevent the discarding of fish that may result from a significant cut in the TAC to a point where individual operators did not have sufficient quota to cover incidental bycatch taken while fishing for other deepwater species. 

SETMAC recommended that the closure should be implemented as soon as possible and continue until 7th August 2005 – approximately two weeks after the full moon.  They recommended that the value of a closure would be reviewed by the Deepwater Assessment Group (DAG) in light of further information collected during 2004/05 before management recommendations were made for 2006.  It was agreed that any closure should endeavour to minimise disruption to the upper slope market fishing for spiky dory, king dory, ribaldo and ling at depths usually less than 400 fathom. The closure has been designed to achieve this goal.

Consultation

In September 2004 the joint GHATMAC/SETMAC meeting consisting of research scientists and industry members recommended a temporary closure be implemented in the western zone to protect spawning orange roughy. This was supported by the AFMA Board in October 2004 and the recommendation was passed on to the DAG to provide advice on the closure.

SETMAC considered the advice from DAG in June 2005 and discussed the options of a cut in the western roughy TAC or the implementation of a spawning closure. SETMAC recommended that the closure should be implemented as soon as possible and agreed that the final coordinates of the closure would be decided by industry.

On the 6th of July 2005 AFMA wrote to the Office of Regulatory Review (ORR) seeking advice on whether a Regulation Impact Statement (RIS) was required for this direction. A RIS exception was advised (ID 7433) due to the proposal being of a minor or machinery nature and does not substantially alter existing arrangements.

Details of the Direction are set out below:

Clause 1 provides for the Direction to be cited as SESSF Direction No. 04.

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 this Direction.

Clause 5 defines certain terms used in the Direction and provides that terms used in the Direction that are defined for the purposes of the Plan have the same meanings as they have in the Plan.  The note indicates that terms defined in the Management Act have the same meaning in the Direction.

Clause 6 prohibits commercial fishing in areas of the fishery detailed in Schedule 1. 

Clause 7 provides for an exemption for persons who otherwise fish in accordance with another plan of management in force under the Management Act, or State or Territory law applying in the area of the fishery.

Schedule 1 describes the areas that are closed to fishing referred to in clause 6.

 

SESSF No. 04

 

 

Overview

The Fisheries Management Act 1991 was enacted to provide for the management of fisheries resources in Australia, ensuring their sustainable use and conservation. The Act established the framework within which fishery management plans and associated regulations are developed and implemented. The Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (SESSF Plan) was introduced to specifically address the management of scalefish and shark fisheries in southern and eastern Australian waters, aiming to achieve sustainable fishing practices and protect marine ecosystems. Enacted by the Australian Parliament, the policy objective of the SESSF Plan is to implement efficient and cost-effective management of the fishery while ensuring the long-term sustainability of fish stocks. The SESSF Direction No. 04, issued under the authority of the Managing Director of the Australian Fisheries Management Authority (AFMA), was introduced to address a gap identified in the management of the western zone of the orange roughy fishery. This direction was made in response to recommendations from the joint GHATMAC/SETMAC meeting and aims to protect the orange roughy stock by implementing a temporal spawning closure. This measure seeks to prevent overfishing and ensure that the fishery remains sustainable, while also minimising disruption to other fishing activities in the area. The direction was made following the necessary consultations and considerations outlined in the SESSF Plan and is intended to be in effect until 7th August 2005, with a review planned by the Deepwater Assessment Group to inform future management decisions.

Scope and Application

The Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 Direction No. 04 applies to the commercial fishing activities within the southern and eastern scalefish and shark fishery in Australia. Specifically, the Direction targets the areas of the fishery as detailed in Schedule 1, which outlines the regions closed to fishing. The geographic reach of this Direction is national, extending across the Australian Commonwealth and aligning with the objectives of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. The Australian Fisheries Management Authority (AFMA), through its Managing Director, has the power to implement these directions as per the provisions of the Fisheries Management Act 1991 and the Southern and Eastern Scalefish and Shark Management Plan 2003. The Direction mandates a prohibition on commercial fishing within the specified areas to protect spawning orange roughy, aiming to ensure sustainable management of the fishery. However, it provides an exemption for persons who fish in accordance with another plan of management under the Fisheries Management Act 1991 or State or Territory laws applicable in the area of the fishery. The Direction commences as specified in Clause 2 and is applicable for the period outlined in Clause 4, with the aim of achieving the objectives set forth in the Southern and Eastern Scalefish and Shark Management Plan 2003, such as efficient and cost-effective management of the fishery.

Key Provisions

The main operative sections of the SESSF Direction No. 04, as per the Fisheries Management Act 1991, mandate the prohibition of commercial fishing in specified areas of the fishery (Clause 6) and detail the period of application (Clause 4). Schedule 1 specifies the exact areas that are closed to fishing, while Clause 7 provides an exemption for those fishing in accordance with another plan of management under the Fisheries Management Act 1991 or relevant State or Territory law. The commencement of the Direction is outlined in Clause 2, ensuring that the Direction comes into effect on the date specified therein. The obligations imposed by the SESSF Direction No. 04 primarily concern the cessation of commercial fishing activities in the designated areas during the specified period. AFMA, as the authority issuing the Direction, must ensure that this Direction is communicated effectively to all relevant parties. The Direction also requires consultation with relevant management advisory committees unless issued in an emergency, as per subsection 56(2) of the SESSF Plan. Additionally, any exemptions or alternative plans must comply with existing fisheries management laws and regulations, ensuring that all activities align with broader fisheries management objectives. Breach of the SESSF Direction No. 04 may result in civil or criminal penalties, depending on the nature and severity of the violation. The Fisheries Administration Act 1991 outlines potential consequences for non-compliance, which may include fines or other sanctions. The exact penalties are determined based on the specific circumstances of the breach and may be subject to review by relevant authorities. It is imperative for all parties involved to adhere to the Direction to avoid these potential repercussions and ensure the sustainability of the fishery. The SESSF Direction No. 04 aims to protect the spawning orange roughy stock in the western zone by prohibiting commercial fishing in certain areas during a specified period. This measure is designed to safeguard the stock and prevent overfishing, ensuring that the fishery remains sustainable for future generations. By implementing this Direction, AFMA seeks to balance the needs of the fishing industry with the imperative to conserve marine resources effectively.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.