EXPLANATORY STATEMENT
Issued by the Authority of the
Australian Fisheries Management Authority
Fisheries Management Act 1991
Small Pelagic Fishery (Closures) Direction Revocation 2017
The Small Pelagic Fishery (Closures) Direction Revocation 2017 (the Direction) is a legislative instrument for the purposes of the Legislation Act 2003.
Subsection 41A(2) of the Fisheries Management Act 1991 provides, that the Australian Fisheries Management Authority (AFMA) may, after such consultation as set out in s 41A(2), direct that fishing not be engaged in in the fishery, or a particular part of the fishery, during a particular period or periods specified in the direction.
Subsection 41A(3) provides that AFMA may, at any time, by a further direction in writing, vary or revoke a direction given under subsection 41A(2).
The Fishery
The Small Pelagic Fishery (the Fishery) extends from the Queensland/New South Wales border, typically outside 3 nautical miles, around southern Australia to a line at latitude 31° south (near Lancelin, north of Perth). The fishery is currently divided into two sub areas East and West of latitude 146°30’00”.
Management in the Fishery is achieved through output controls in the form of individually transferable quotas with a Total Allowable Catch determined for each quota species for each fishing year. The target species in the Fishery are Australian Sardine, Blue Mackerel, Jack Mackerel and Redbait.
The Direction
This Direction revokes temporal and spatial closure arrangements that were imposed to minimise dolphin mortalities to allow for the implementation of the Small Pelagic Fishery Dolphin Mitigation Strategy (the Strategy).
The Strategy applies to all trawling methods in the Fishery, setting out performance criteria that each individual operator must comply with, through both a maximum interaction rate (number of shots per dolphin interaction) over a six month period, and a maximum interaction cap during a six month review period. If the rate or interaction cap is exceeded, the operator is then subject to escalating management responses.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Direction consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature, (OBPR ID 21976).
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
AFMA assesses under section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached to this explanatory statement.
Consultation
The Authority has undertaken consultation regarding revising arrangements for marine mammals with industry environmental groups, scientists, the Commonwealth Marine Mammal Working Group and the South East Management Advisory Committee. It has also undertaken public consultation on the proposed new arrangements.
If an instrument is varied or revoked under subsection 41A(3) the requirements in subsections 41A(2) relating to consultation and 41A(2A) sending a copy of the direction to each relevant holder of a fishing concession, scientific permit or foreign master fishing licence do not apply. Therefore, the rule-maker considers the consultation undertaken to be appropriate.
Details of the Direction are set out below:
Clause 1 Provides for the Direction to be cited as the Small Pelagic Fishery (Closures) Direction Revocation 2017.
Clause 2 Provides that the Direction commences on the day after it is registered on the Federal Register of Legislation.
Clause 3 Provides that the Direction revokes the Small Pelagic Fishery (Closures) Direction No 1 2015 with effect from the commencement of the Direction.