EXPLANATORY STATEMENT
Fisheries Management Act 1991
Southern and Eastern Scalefish and Shark Fishery Management Plan 2003
SOUTHERN AND EASTERN SCALEFISH AND SHARK FISHERY
(Closures) DIRECTION 2008
Subsection 17 (5A) Fisheries Management Act 1991 (the Act) provides that the Australian Fisheries Management Authority (AFMA) may direct that fishing is not to be engaged in the fishery or a particular part of the fishery during a particular period or periods. The subsection also requires that the directions be made after the consultations (if any) that are set out in the plan of management.
Subsection 17 (5B) of the Act states that a Direction made under subsection 17 (5A) in relation to a part of a fishery may identify the part concerned in any way or ways including by reference to a particular area, a particular species, or type of fish, a particular kind or quantity of fishing equipment, a particular method of fishing, or any combination of the above.
Subsection 56(1) of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the 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 Plan provides objectives of the Plan, including the implementation of efficient and cost effective management of the fishery.
Subsection 56(2) of the 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.
Background
The Southern and Eastern Scalefish and Shark Fishery (SESSF) is managed under the Plan. It is a multi-method multi-species fishery that lands fresh scalefish and shark for the Australian market and for export. The area of the Fishery stretches south from Fraser Island in southern Queensland, around Tasmania to Cape Leeuwin in southern Western Australia. It comprises a number of historically separate sectors which had substantial overlap in their areas of operation and species targeted. These Sectors are:
- the Commonwealth South East Trawl Sector;
- the East Coast Deepwater Trawl Sector
- the Commonwealth Scalefish Hook Sector
- the Commonwealth Shark Hook Sector
- the Commonwealth Gillnet Sector and
- the Commonwealth Great Australian Bight (GAB) Trawl Sector.
The SESSF also encompasses several other coastal water sectors including the South Australian Coastal Waters Sector, the Tasmanian Coastal Waters Sector and the Victorian Coastal Waters Sector. Together, all of these fisheries produce annual commercial catches worth an estimated $90 million.
The SESSF is managed by a combination of output controls (that limit the amount of fish that can be taken from the fishery) in the form of quota Statutory Fishing Rights (SFRs) and input controls (that limit the number of vessels and type of gear that can be used in the fishery). Operators are required to have a Boat SFR to fish in the fishery and quota SFRs to cover their catch of all quota species. Most of the commercially important species in the fishery are managed by Total Allowable Catches (TACs) through quota SFRs. Quota SFRs are fully tradable and can be permanently transferred or leased.
In December 2005 the Minister for Fisheries, Forestry and Conservation directed AFMA, in accordance with section 91 of the Fisheries Administration Act 1991, to take immediate action in all Commonwealth fisheries to:
a) Cease overfishing and recover overfished stocks to levels that will ensure long-term sustainability and productivity;
b) Avoid further species from becoming overfished in the short and long term; and
c) Manage the broader environmental impacts of fishing, including on threatened species or those otherwise protected under the Environment Protection and Biodiversity Conservation Act 1999.
In response to the Direction AFMA developed a document titled “SESSF Response to Ministerial Direction” this document outlined a number of options, including implementing permanent closures, to address overfishing and recover overfished stocks. The document formed the basis of discussions at a series of stakeholder meetings throughout 2006 on ways that AFMA could comply with the objectives of the Ministerial Direction.
Purpose
The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction 2008 (the Direction) sets out the permanent closure boundaries to prevent fishing in specific areas within the fishery during defined periods. The intent of the closures is to provide additional management measures to recover overfished species, to prevent further species from becoming overfished and to protect Threatened Endangered Protected (TEP) species and benthic habitats.
A number of closures in this Direction (Schedule 1-21 but excluding Schedule 4) were implemented in the SESSF (Closures) Direction 2007 However, the boundaries of Schedules 15 and 20 have been amended slightly to take into account improved depth data. These amendments will take effect on the commencement of this Direction.
The additional closure areas that are being implemented in this Direction (Schedules 4 and 22 -35) are the result of extensive Government and industry consultation and are intended to assist in achieving the objectives of the Ministerial Direction and other legislative requirements.
The Direction refers to one piece of State legislation, The Nature Conservation Act 2002 of Tasmania, referred to in Schedule 3. This Act is to make provision with respect to the conservation and protection of the fauna, flora and geological diversity of the State, to provide for the declaration of national parks and other reserved land and for related purposes. Access to current Tasmanian legislation can be obtained on the Tasmanian legislation website at the following address http://www.thelaw.tas.gov.au/index.w3p
Consultation
Schedules 1-9 but excluding 4
These closures were implemented in the 2004 in the first SESSF Permanent Closure Direction. AFMA consulted with the three SESSF Management Advisory Committees (MACs) prior to and during the making of the Direction, resulting in the closures implemented in the Direction being agreed. These closures have been rolled over into subsequent SESSF closure directions.
Schedules 10-21
These closures were implemented in the SESSF Closures Direction 2007 and will be rolled over in to the SESSF Closures Direction 2008. Schedules 15 and 20 have been amended at the request of industry to take into account improved depth data. These amendments have been approved at GHATMAC and SETMAC respectively.
In 2006 AFMA management commenced consultations to identify further area closures to meet the objectives of the Ministerial Direction and the Act.
In March 2006 AFMA released a SESSF response to the Ministerial Direction that outlined, amongst other things, the areas that AFMA had identified for additional closures. This document was mailed to every concession holder in the SESSF.
In June 2006 AFMA conducted four Ministerial Direction workshops to discuss, among other issues, proposed closures in the SESSF. These workshops were attended by over 60 industry representatives across all SESSF sectors in addition to other stakeholder groups including Resource Assessment Groups (RAGs), MACs, and the Department of Environment and Water Resources. These workshops were held in Adelaide, Lakes Entrance, Canberra and Hobart to cover multiple sectors of the fishery and the wide geographical distribution of operators.
The South Australian closures in schedules 10, 11 and 12 were discussed at the Adelaide workshop on 15 16 June 2006 with S.A operators as well as SharkRAG representatives from Primary Industries Research Victoria (PIRVIC). These closures were also considered at GHATMAC 9 4/5 July 2006. These closures were agreed by the AFMA board at its 130th meeting in August 2006 to protect breeding age school shark.
GHATMAC 9 on 4 & 5 July 2006 discussed the 183m shark hook and gillnet depth closure detailed in schedule 13. The MAC agreed to support this closure to protect populations of school shark and subsequently the AFMA Board agreed to close waters deeper than 183m to gillnet and shark hook fishing at its 132nd meeting in December 2006.
The West Coast Tasmania Depth closure, in schedule 14, was discussed at GHATMAC 10 held in Canberra in October 2006. This closure was considered further at the spatial management workshop on 21 November and as a result was approved by the AFMA Board at its 132nd meeting in December 2006
Three species of gulper sharks Harrison’s dogfish, Endeavour dogfish and Southern dogfish have been nominated for listing as endangered under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). As a result the AFMA Board has committed to implementing spatial protection for these species. In 2006 GABMAC, GHATMAC and SETMAC and the SESSF spatial management workshop discussed potential closures to protect these species.
As a result of this process four closures were recommended to the Board which are included in Schedules 16, 17, 18 and 19 of the Direction. The AFMA Board approved the closures detailed in schedules 16 and 17 at its 130th meeting in August/September 2006 to protect remnant populations of southern dogfish.
After consultation at GHATMAC 10 (10 October 2006), SETMAC 94 (23 November 2006) and the SESSF spatial management workshop (21 November 2006) the AFMA Board approved the closures in schedules 18 and 19 to protect populations of Endeavour and Harrison’s dogfish respectively at its 132nd meeting.
The 700m depth closure in schedule 20 was discussed at the ministerial direction workshops in June 2006 as well as at the SESSF spatial management workshop in November 2006. This closure was subsequently agreed to at the 130th Board meeting in August/September 2006.
Schedules 4, 22-25
The Bass Strait Trawl Closure (Schedule 4) was first discussed at the SESSF Closures workshop, Canberra November 2006 in response to the Ministerial Direction. Industry members from the trawl and gillnet sectors worked together to refine the closure and it has been approved by both GHATMAC and SETMAC.
The Eastern South Australia and Portland Trawl closures (schedule 22 and 23) were also discussed at the SESSF Closures workshop in Canberra. Industry members and SETFIA (South East Trawl Industry Association) provided the outline for the closure that has been further refined and agreed by GHATMAC and SETMAC.
The Great Australian Bight Deepwater closures (Schedules 24-26) were developed by GABIA (Great Australian Bight Industry Association) as part of its response to the Ministerial Direction. The closures were submitted to the AFMA Board in May 2007 and subsequently agreed to as part of a larger strategy proposed by GABIA. Since that time the closure coordinates have been refined. These closures have also been agreed by GABMAC.
The GAB Orange Roughy Zones were proposed by GABIA as an alternative to the 700m Trawl closure and have been agreed by the AFMA Board in May 2007 as well as by GABMAC.
Regulatory Impact Statement
On the 3 June 2008 AFMA wrote to the Office of Best Practice Regulation seeking advice on whether a Regulation Impact Statement (RIS) was required for this Direction. A RIS exemption was advised (ID 9559) due to the proposal having low impact on business and would appear to impose no or low compliance costs.
Details of the Direction are set out below:
Clause 1 provides for the Direction to be cited as SESSF (Closures) Direction 2008.
Clause 2 provides for the commencement of the Direction.
Clause 3 states to whom the Direction applies.
Clause 4 states the period for which the Direction applies.
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.
Clause 6 prohibits commercial fishing in areas of the fishery detailed in Schedules 1 to 35.
Clause 7 provides for an exemption for persons who otherwise fish in accordance with another plan of management in force under the Act, or State or Territory law applying in the area of the fishery; and provides an exemption for persons who wish to complete scientific research in the closed areas of waters upon the receipt of a scientific permit from the AFMA.
Clause 8. states the Direction which is to be superseded by the SESSF Closures Direction 2008.
Schedule 1 - describes the area of Murat Bay, which is closed to fishing except for those exempt in clause 7. This area of waters has been closed in the previous Permanent Closures Direction No. 01 which expired on 31 December 2006 and was subsequently closed in the SESSF Closures Direction 2007
Schedule 2 - describes the area of the Cascade Plateau Closure, which is closed to fishing except for those exempt in clause 7. This area of waters has been closed in the previous Permanent Closures Direction No. 01 which expired on 31 December 2006 and was subsequently closed in the SESSF Closures Direction 2007.
Schedule 3- describes the area of the Kent Group National Park, which is closed to fishing except for those exempt in clause 7. This area of waters has been closed in the previous SESSF Closures Direction 2007.
Schedule 4 – describes the area of the Bass Strait Trawl Closure which is closed to fishing except for those exempt in clause 7. This area of waters has been added for permanent closure to commence the day after registration of this Direction.
Schedule 5 – describes the area of St Helens Hill, which is closed to fishing except for those exempt in clause 7. This area of waters has been closed in the previous Permanent Closures Direction No. 01 which expired on 31 December 2006,and was subsequently closed in the SESSF Closures Direction 2007
Schedule 6 - describes the area of the Seal Bay closure, which is closed to fishing except for those exempt in clause 7. This area of waters has been closed in the previous Permanent Closures Direction No. 01 which expired on 31 December 2006 and was subsequently closed in the SESSF Closures Direction 2007
Schedule 7 - describes the area of the Pages Island closure, which is closed to fishing except for those exempt in clause 7. This area of waters has been closed in the previous Permanent Closures Direction No. 01 which expired on 31 December 2006 and was subsequently closed in the SESSF Closures Direction 2007.
Schedule 8 - describes the area of the Head of the Great Australian Bight Closure, which is closed to fishing except for those exempt in clause 7. This area of waters has been closed in the previous Permanent Closures Direction No. 01 which expired on 31 December 2006 and was subsequently closed in the SESSF Closures Direction 2007.
Schedule 9 - describes the area of the East Coast Deepwater Zone Trawl Exclusion Zone, which is closed to fishing except for those exempt in clause 7. This area of waters has been closed in the previous Permanent Closures Direction No. 01 which expired on 31 December 2006 and was subsequently closed in the SESSF Closures Direction 2007.
Schedule 10 - describes the area of the South Australian Gillnet Closure – Backstairs Passage, which is closed to fishing except for those exempt in clause 7. This area of waters was closed in the SESSF Closures Direction.
Schedule 11 - describes the area of the South Australian Shark Hook and Shark Gillnet Closure – Kangaroo Island, which is closed to fishing except for those exempt in clause 7. This area of waters was closed in the SESSF Closures Direction 2007.
Schedule 12 - describes the area of the South Australian Shark Hook and Shark Gillnet Closure – Victor Harbour to the Victorian Boarder, which is closed to fishing except for those exempt in clause 7. This area of waters was closed in the SESSF Closures Direction 2007.
Schedule 13 - describes the area of the Gillnet 183m Depth Closure, which is closed to fishing except for those exempt in clause 7. This area of waters was closed in the SESSF Closures Direction 2007.
Schedule 14 - describes the area of the West Coast Tasmania Shark Hook and Shark Gillnet Permanent Closure, which is closed to fishing except for those exempt in clause 7. This area of waters was closed in the SESSF Closures Direction 2007.
Schedule 15 - describes the area of the 183m Automatic Longline 183m Depth Closure, which is closed to fishing except for those exempt in clause 7. This area of waters was closed in the SESSF Closures Direction 2007. Minor amendments have been made to sections of this boundary which will take effect the day after registration of this Direction.
Schedule 16 - describes the area of the Commonwealth Scalefish Hook Sector Gulper Shark Closure – Southern dogfish, which is closed to fishing except for those exempt in clause 7. This area of waters was closed in the SESSF Closures Direction 2007.
Schedule 17- describes the area of the Great Australian Bight Trawl Sector Gulper Shark Closure – Southern Dogfish, which is closed to fishing except for those exempt in clause 7. This area of waters was closed in the SESSF Closures Direction 2007.
Schedule 18 - describes the area of the Gulper Shark Closure – Endeavour dogfish, which is closed to fishing except for those exempt in clause 7. This area of waters was closed in the SESSF Closures Direction 2007.
Schedule 19 - describes the area of the Gulper Shark Closure – Harrison’s dogfish, which is closed to fishing except for those exempt in clause 7. This area of waters was closed in the SESSF Closures Direction 2007.
Schedule 20 - describes the area of the Commonwealth South East Trawl Sector 700m Depth Closure, which is closed to fishing except for those exempt in clause 7. This area of waters was closed in the SESSF Closures Direction 2007. Minor amendments have been made to sections of this boundary which will take effect the day after registration of this Direction.
Schedule 21 - describes the area of the Tasmanian Seamounts Marine Reserve, which is closed to fishing except for those exempt in clause 7. This area of waters was closed in the SESSF Closures Direction 2007.
Schedule 22 – describes the area of the Eastern South Australia Trawl Closure, which is closed to fishing except for those exempt in clause 7. This area of waters has been added for permanent closure to commence the day after registration of this Direction.
Schedule 23 – describes the area of the Portland area trawl Closure, which is closed to fishing except for those exempt in clause 7. This area of waters has been added for permanent closure to commence the day after registration of this Direction.
Schedule 24 – describes the area of the Great Australian Bight (GAB) Deepwater Closure – Central West Zone, which is closed to fishing except for those exempt in clause 7. This area of waters has been added for permanent closure to commence the day after registration of this Direction.
Schedule 25 – describes the area of the Great Australian Bight (GAB) Deepwater Closure – Salisbury Canyon, which is closed to fishing except for those exempt in clause 7. This area of waters has been added for permanent closure to commence the day after registration of this Direction.
Schedule 26 – describes the area of the Great Australian Bight (GAB) Deepwater Closure – Far West, which is closed to fishing except for those exempt in clause 7. This area of waters has been added for permanent closure to commence the day after registration of this Direction.
Schedule 27 – describes the area of the Great Australian Bight (GAB) Orange Roughy Zone – Albany, which is closed to fishing except for those exempt in clause 7. This area of waters has been added for permanent closure to commence the day after registration of this Direction.
Schedule 28 – describes the area of the Great Australian Bight (GAB) Orange Roughy Zone – Bremmer, which is closed to fishing except for those exempt in clause 7. This area of waters has been added for permanent closure to commence the day after registration of this Direction.
Schedule 29 – describes the area of the Great Australian Bight (GAB) Orange Roughy Zone – Humdinger West, which is closed to fishing except for those exempt in clause 7. This area of waters has been added for permanent closure to commence the day after registration of this Direction.
Schedule 30 – describes the area of the Great Australian Bight (GAB) Orange Roughy Zone – Humdinger/Magic, which is closed to fishing except for those exempt in clause 7. This area of waters has been added for permanent closure to commence the day after registration of this Direction.
Schedule 31 – describes the area of the Great Australian Bight (GAB) Orange Roughy Zone – Lomvar Gully, which is closed to fishing except for those exempt in clause 7. This area of waters has been added for permanent closure to commence the day after registration of this Direction.
Schedule 32 – describes the area of the Great Australian Bight (GAB) Orange Roughy Zone – United Nations, which is closed to fishing except for those exempt in clause 7. This area of waters has been added for permanent closure to commence the day after registration of this Direction.
Schedule 33 – describes the area of the Great Australian Bight (GAB) Orange Roughy Zone – The Knob, which is closed to fishing except for those exempt in clause 7. This area of waters has been added for permanent closure to commence the day after registration of this Direction.
Schedule 34 – describes the area of the Great Australian Bight (GAB) Orange Roughy Zone – Racetrack/Hamburger, which is closed to fishing except for those exempt in clause 7. This area of waters has been added for permanent closure to commence the day after registration of this Direction.
Schedule 35 – describes the area of the Great Australian Bight (GAB) Orange Roughy Zone – Kangaroo Island Hill, which is closed to fishing except for those exempt in clause 7. This area of waters has been added for permanent closure to commence the day after registration of this Direction.