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. 2 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
On 30 June 2008 the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction 2008 was made along with the accompanying Explanatory Statement. Subsequent to this, it was found that no reference to the Geocentric Datum (map datum) had been made nor was there a definition for ‘adjacent area boundary’.
In addition to these omissions an error was identified during the redrafting of the Direction. The error is of little consequence as it merely adds a vague reference at the end of a closed area relating to Tasmanian Coastal Waters permits. The removal of this reference will remove any ambiguity.
The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2008 is identical in every respect to the previous one except it includes the following changes to item 4 – Definitions and section (l) of item 6 – Prohibition on fishing:
Item 4:
1. “Adjacent Area Boundary” means the offshore State and Northern Territory boundaries established under Schedule 2 of the Petroleum and Submerged Lands Act 1967 as amended.
2. All geographic coordinates contained within the schedules attached to this document are in terms of the World Geodetic System (WGS) 84.
Item 6:
3. The wording of section (l) of this item was inconsistent with the other prohibited areas in the original Direction. The words “or holding a permit for the Tasmanian Coastal Waters Sector” were omitted from the original Direction to remove any ambiguity.
Purpose
The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction 2008 No. 2 (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 purpose of the amendment is correct an administrative error whereby the Geocentric Datum (map datum) datum had been omitted. A map datum is a reference surface which is defined mathematically and approximates the shape of the earth in particular areas. At different areas across the world, different map datums were (and some still are) used due to the differences in the earth's general surface shape at different places. Specific map datums are more applicable to particular areas or regions than others. Consequently, without a map datum the areas defined by the closure direction are unenforceable as there would be marginal differences in the actual closure location depending on which datum was used. World Geodetic System (WGS) 84 has been used as it is considered the standard datum used by the fishing industry.
An additional drafting error has been identified in item 6 (l). The clause is not consistent with the rest of the prohibited areas as it has a reference to a prohibition from holding a Tasmanian Coastal Waters Permit included. The AFMA Board decision and other consultation records for this prohibited area do not make reference to Tasmanian Coastal Waters Permits and this will be removed to clear up any ambiguity.
Consultation
Consultation in relation to Schedules 1-9 but excluding 4, Schedules 10-21 and Schedules 4, 22-25 was undertaken by AFMA with the three SESSF Management Advisory Committees (MACs) prior to and during the making of the previous Direction, resulting in the closures implemented in the Direction being agreed. These closures have been rolled over into subsequent SESSF closure directions.
All concession holders were notified of the implementation of the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction 2008 on 7 July 2008. No additional consultation has been undertaken for the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction 2008 No. 2 as it is an administrative amendment to the original Direction and does not change the actual areas of the closures or the intent of the original Direction.
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 9970).
Details of the Direction are set out below:
Clause 1 provides for the Direction to be cited as SESSF (Closures) Direction No. 2 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.