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 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 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.
The Seiner’s and Everard horseshoe closures detailed in this Direction are located within the Commonwealth South East Trawl, Commonwealth Scalefish Hook and Commonwealth Shark Hook sectors of the SESSF.
In 2004, AFMA and industry discussed the potential for spatial closures of key pink ling habitat as an effective means to protect pink ling stocks. Co-operation between AFMA and industry has seen the implementation of a number of voluntary area closures in Commonwealth waters off Victoria and Tasmania over the period 2005 to 2009. The closures have been monitored by industry and applied between the months of September to November. The area closures are:
- Everard Horseshoe;
- Seiner’s Horseshoe;
- Ling Hole; and
- Maria Island.
The 2007 Bureau of Rural Sciences (BRS) Status Report classifies pink ling as subject to overfishing in the east, which is the first time pink ling has undergone this classification. Based on recent catch levels this classification is likely to continue in the upcoming 2008 BRS report. The pink ling total allowable catch (TAC) for the 2009/10 fishing season has been significantly lowered from the 2008/09 TAC.
The AFMA Commission has requested that AFMA and industry work together to develop a comprehensive management strategy to address overfishing of pink ling in the eastern sector without causing overfishing in the western sector.
A workshop to develop management options for pink ling was held on 23 March 2009. The workshop was attended by AFMA management, industry and research representatives. The workshop sought short term measures that could be implemented in the next year and which would decrease catches of pink ling in the east in line with the 2009 recommended biological catch (RBC). Assuming that the stock rebuilds as a result, the RBC is projected to increase in the next few years which would provide long term benefits for industry.
The outcome of the workshop was an agreement to close the Seiner’s and Everard horseshoes for a period of approximately 12 months, after which there will be a review of the effectiveness of the closures.
Purpose
The Direction sets out closure boundaries, to be in force until 30 April 2010, to prevent fishing of pink ling in specific areas within the fishery during the 2009/10 fishing season. The intent of the closures is to help the stocks recover and to prevent further overfishing.
The closure areas that are being implemented in this Direction are a response to the AFMA Commission’s request to address overfishing of pink ling stocks.
Consultation
During the workshop held in March 2009, AFMA consulted with key industry operators who fish in the closed areas and research scientists. Several management options were considered, with a 12 month closure of the Seiner’s and Everard horseshoes considered to be the most viable option and one that would not have an unfair impact on one fishing method over another.
The impacts of the closures on industry were discussed. The view was largely held that a temporary cost to industry would result in long term gain. While it was identified that there was a risk that the closures may not achieve the objective of reducing the catches in line with the 2009/10 RBC, the likelihood of this was considered low.
There was general agreement that the closures would have a high degree of success. AFMA agreed to monitor the catches of pink ling in the east and west. It was also agreed that there should be non-targeting of pink ling in the east for the rest of the year by trawl and that the autolongline sector would move a proportion of their operations to the west. In the event that the catches do not show a decrease by November/December 2009, there is the possibility that trip limits will also be applied.
The 12 month closures were subsequently endorsed by the South East Trawl Management Advisory Committee (SETMAC) at its meeting on 16-17 April 2009, and by the Gillnet, Hook and Trap MAC (GHATMAC) at its meeting on 24 April 2009. There was a view expressed by the autolongline representatives of GHATMAC that their sector should be exempted from the closures; however this was not considered equitable.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that the amendments do not require further analysis in the form of a Regulation Impact Statement or quantification of compliance costs (Reference ID 10273).
Details of the Direction are set out below:
Clause 1 provides for the Direction to be cited as SESSF (Closures) Direction No. 2 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 and 2.
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 AFMA.
Schedule 1 - describes the area of Seiner’s Horseshoe, which will be closed to fishing from the date of commencement to 30 April 2010, except for those exempt under clause 7.
Schedule 2 - describes the area of Everard Horseshoe, which will be closed to fishing from the date of commencement to 30 April 2010, except for those exempt under clause 7.