EXPLANATORY STATEMENT
Issued by the Authority of the
Australian Fisheries Management Authority
Fisheries Management Act 1991
Southern and Eastern Scalefish and Shark Fishery
Southern and Eastern Scalefish and Shark Fishery (Closure Revocation) Direction No.5 2010
The Direction revocation 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 Australian Fisheries Management Authority (the Authority) may, after such consultation as set out in s41A(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.
Subsection 41A(3) of the Management Act provides, inter alia, provides that the Authority may, at any time, by a further direction in writing, vary or revoke a direction given under subsection (2).
The fishery
The Southern and Eastern Scalefish and Shark Fishery (the fishery) covers the area of waters from approximately 80 nautical miles off the coast near Fraser Island in Queensland, south around Tasmania and west to Cape Leeuwin in Western Australia. The area of the fishery encompasses almost half of the waters within the Australian Fishing Zone. The fishery operates in both Commonwealth and State waters under complex jurisdictional arrangements, due to different Offshore Constitutional Settlement arrangements with each state.
The fishery is managed under the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003, in force under s17 of the Management Act, mainly through output controls in the form of Total Allowable Catch limits set under the Commonwealth Fisheries Harvest Strategy Policy and the specific fishery Harvest Strategy Framework. Input controls used include a limit on the number of boats that operate in each sector, as well as gear restrictions such as limits on mesh size and the amount of fishing gear that may be used.
Background to the Direction
The Authority made the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2010 (the Direction) on 2 December 2010. The Direction came into force on 15 December 2010, after registration on the Federal Register of Legislative Instruments, and expires on 15 June 2012.
The Direction prescribed the conditions under which Commonwealth Trawl Sector (CTS) operators may fish for Snapper in Victorian waters[1].
The Direction imposed a 50kg trip limit for Snapper taken by CTS operators in Victorian waters, with take in excess of 50kg of Snapper on a trip allowed up to an aggregate total of 20 tonnes if certain conditions were met. This meant that once the 20 tonne limit had been reached, CTS operators in Victorian waters could not take more than 50kg of Snapper on a fishing trip in Victorian waters.
The implementation of a 50 kg trip limit, once an aggregate take of 20 tonnes was reached, was applied to ensure that the exploitation of these stocks is at a sustainable level in accordance with the Authority’s objectives of ecologically sustainable development.
The Direction was varied on 4 November 2011 increasing the aggregate total of Snapper that may be taken by Victorian CTS operators in Eastern Victorian waters before the 50kg trip limit applies from 20 tonnes to 27 tonnes. Due to increased incidental catches of Snapper under the trial, the aggregate total Snapper catch had exceeded the 20 tonnes. The purpose of the variation was to allow for the continuation of the trial to assess Snapper catch and discard levels in Victorian waters by trawl operators and to reduce the potential for discards of Snapper once the aggregate total was exceeded and operators were subject to a 50kg trip limit. Increasing the aggregated catch limit also allowed time for discussions between Fisheries Victoria and industry to occur in which long term measures and cost sharing arrangements could be discussed.
Purpose
The purpose of the Southern and Eastern Scalefish and Shark Fishery (Closure Revocation) Direction No.5 2010 is to revoke the Direction. The revised aggregate of 27 tonnes was reached on 8 February 2012 enacting the clause whereby on trips after the aggregate was taken all operators are subject to a 50 kg trip limit.
The Authority wants to allow for operators to take 200 kg per trip, therefore the Direction must be revoked. The Authority intends on varying relevant fishing concession conditions to limit the take of snapper to 200 kg per trip. The condition variation will occur concurrently with the registering of the revocation Direction.
The Authority has re-assessed the trawl data of Snapper bycatch from Commonwealth fishers in waters adjacent to Victoria. The results from this analysis suggests a 50kg bycatch limit will cause high discards of incidentally caught Snapper and therefore increasing this bycatch limit to 200kg will be more efficient in reducing discards without allowing for targeting of the resource. This in conjunction with the South East Trawl Fishery Industry Association code of conduct on Snapper will allow for the effective management of Snapper in waters adjacent to Victoria.
The Authority will continue to monitor Commonwealth Snapper catches across the state to make sure there is no targeting of the species and the bycatch limit is set at the most appropriate level. The Authority will continue to work with industry and Victoria on longer term management measures in the fishery.
Consultation
Negotiations with Fisheries Victoria, industry and stakeholders have been ongoing since 2010 with the aim of implementing suitable long term management arrangements for Snapper. The Authority will continue with these negotiations.
Regulation Impact Statement
A regulation impact statement is not required for the revocation of a Direction.
Statement of Compatibility
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Terms of the Southern and Eastern Scalefish and Shark Fishery (Closure Revocation) Direction No. 5 2010
Details of the Direction made under s41A(3) of the Management Act are set out below:
Clause 1 provides for the Direction to be citied as Southern and Eastern Scalefish and Shark Fishery (Closure Revocation) Direction No. 5 2010.
Clause 2 provides that the Direction commences on 7 March 2012.
Clause 3 provides that the Direction ceases on 30 June 2012.
Clause 4 provides for the revocation of the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2010.
[1] Snapper is managed in waters adjacent to Victoria by both the Commonwealth and State of Victoria under the provisions of Offshore Constitutional Settlement arrangements (see Commonwealth Gazette s436 of 31st October 1997 at pages 1 to 18). Victoria manages Snapper species where fishing takes place by non trawl methods or is not taken as bycatch under another Commonwealth concession. The Commonwealth has jurisdiction over all species taken by trawl methods and of bycatch of Snapper using other fishing methods under a Commonwealth concession. The Commonwealth, by regulations 52 to 56 and Schedule 6 of the Fisheries Management Regulations 1992 has regulated non trawl by catch of (inter alia) Snapper. This Direction now extends regulation of Snapper catch specifically to trawling concession holders.