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 No. 1 2009
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 a fishery or a particular part of a fishery during a particular period or periods. The subsection also requires that the directions be made after 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 over the content of the direction unless the direction is issued in circumstances of an emergency.
Background
The following changes have been made to the previous Southern and Eastern Scalefish and Shark Fishery Closures Direction No.2 2008:
- Schedule 20 - Revision to the Commonwealth Trawl 700m depth closure
- Change to the Geocentric Datum (map datum)
- Amendment to Section 6 (l): Prohibition on fishing in relation to Schedule 14 – West Coast Tasmania Shark Hook and Shark Gillnet Sector Depth Closure
- Minor changes to area descriptions
1. Schedule 20 - Revision to Commonwealth Trawl 700m depth closure
In November 2006, orange roughy was listed as Conservation Dependant under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The listing required additional measures to address the specific objectives and requirements of the Orange Roughy Conservation Programme. One aspect of the Orange Roughy Conservation Programme incorporated a blanket 700m depth closure across the entire South East Trawl Fishery (SETF) in June 2007 as a means of preventing targeted orange roughy fishing. A minor amendment at the request of industry was made in June 2008 to this closure area to take into account improved depth data.
Since implementation fishing industry associations considered this 700m closure to be an unworkable method of managing orange roughy in a multi-species fishery, because it had major detrimental implications to the development of a sustainable fishery for other mid-shelf species and deepwater species. As a result of industry consultation a revision to the 700m closure was developed that is consistent with the Orange Roughy Conservation Programme while at the same time opening up areas to trawling for other market fishing that are currently closed.
It is important to note that Orange Roughy stocks continue to be managed in accordance with the Orange Roughy Conservation Programme, which means that for most stocks they may only be fished as incidental catch under low Total Allowable Catch (TAC) quotas.
2. Change to the Geocentric Datum (map datum)
The Direction changes the map datum from World Geodetic System 84 (WGS84) to Geocentric Datum of Australia 1994 (GDA94). Since 2007, the map datum for the previous SESSF Closures Directions has been in WGS84; however this is a dynamic datum constantly changing to reflect tectonic movement on a global scale. Given the dynamic nature of WGS84, it is inappropriate for use in a legislative instrument. The map datum GDA94 is a static datum with coordinates fixed since 1994. The difference of position points between the geocentric datums GDA94 and WGS84 is small, currently differing by approximately one metre. Furthermore, the map datum for the Southern and Eastern Scalefish and Shark Management Plan 2003 is also set in GDA94 and for purposes of consistency they should be aligned.
It is recognised that all hydrographic charts, GPS systems and most maritime vessels use WGS84 as their geocentric datum however the differences between WGS84 and GDA94 are minimal and unlikely to create any significant implications for compliance to closures. This change to the map datum has not resulted in any changes to the map coordinates for the SESSF as they were based on the SESSF Management Plan 2003, which was already in GDA94 and the differences between the two datum were considered to be minimal.
3. Amendment to Section 6: Prohibition on fishing in relation to Schedule 14 – West Coast Tasmania Shark Hook and Shark Gillnet Sector Depth Closure
The Direction amends Item 6, section (l) which specifies the types of fishing methods not permitted in the area described in Schedule 14 to include Hook methods when fishing for shark. For all intents and purposes, shark fishers have been excluded from using hook and gillnet methods in the area defined in Schedule 14 since 2007. An oversight in the wording meant that there was a disparity between the intention and effect of the closure compared to the explicit words of the Direction. This amendment corrects that anomaly.
4. Minor changes to area descriptions
There have been minor changes to the wording of the opening descriptions for most schedules that more clearly distinguish between State coastal waters and the Commonwealth waters in the Australian Fishing Zone. In addition, minor changes were made to the descriptor numbers for some coordinates within Schedule 15 – Automatic Longline 183m Depth Closure. These changes make no difference to the closure areas or the intention of the Direction.
Purpose
The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 1 2009 (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.
The primary purpose of the amendment is to set new boundaries within the Commonwealth Trawl 700m depth closure (Schedule 20) that re-opens some trawling grounds that were previously closed without affecting the specific objectives and requirements of the Orange Roughy Conservation Programme. No other areas in the Closures Direction have been altered.
In addition, the geocentric datum has changed from WGS84 to GDA94 to provide consistency between the Direction and the SESSF Management Plan 2003 as well as using a non-dynamic datum consistent with the requirements of the Legislative Instruments Act 2003.
Furthermore there have been some minor administrative changes to the Direction to improve clarity and reduce ambiguity.
Consultation
Consultation in relation to Schedule 20 was undertaken by AFMA at the Deepwater Resource Assessment Group (DeepRAG) meeting in October 2008 where a draft map was agreed upon. AFMA then discussed the proposed modifications with Department of Water Heritage and the Arts (DEWHA) in accordance with the Orange Roughy Conservation Programme and the EPBC Act accreditation of the SESSF. DEWHA suggested amendments that did not affect fishing but which maintained the 700m closure to the limit of the Australian Fishing Zone. Subsequent to these discussions, AFMA conferred with South East Trawl Management Advisory Committee (SETMAC) and circulated the revised map to operators and DeepRAG members. In addition the South Eastern Fishing Industry Association (SETFIA) endorsed the proposed changes to the existing 700m closure.
In summary, the revision to the Commonwealth Trawl 700m depth closure opens up previously closed areas to fishing and therefore is a positive change for trawlers in the SESSF. All other closure amendments outlined in this document will have minimal impact on stakeholders.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that the amendments do not require further analysis in the form of a Business Cost Calculator Report or Regulation Impact Statement (Reference ID 10127).
Details of the Direction are set out below:
Clause 1 provides for the Direction to be cited as SESSF (Closures) Direction No. 1 2009.
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 No 1 2009.
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 was closed in SESSF Closures Direction 2008.
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 2007.
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 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 were made in the SESSF Closures Direction 2008.
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. Major amendments have been made to sections of this boundary opening up some fishing grounds that were previously closed, 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 was closed in SESSF Closures Direction 2008.
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 was closed in SESSF Closures Direction 2008.
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 was closed in SESSF Closures Direction 2008.
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 was closed in SESSF Closures Direction 2008.
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 was closed in SESSF Closures Direction 2008.
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 was closed in SESSF Closures Direction 2008.
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 was closed in SESSF Closures Direction 2008.
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 was closed in SESSF Closures Direction 2008.
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 was closed in SESSF Closures Direction 2008.
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 was closed in SESSF Closures Direction 2008.
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 was closed in SESSF Closures Direction 2008.
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 was closed in SESSF Closures Direction 2008.
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 was closed in SESSF Closures Direction 2008.
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 was closed in SESSF Closures Direction 2008.