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 (Closures) Direction No. 2 2013
The Direction 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 the Australian Fisheries Management Authority (the Authority) may, after such consultation as set out in subsection 41A(2), direct that fishing is not to be engaged in in the fishery, or a particular part of the fishery, during a particular period or periods.
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 (the Plan), in force under section 17 of the Management Act, mainly through output controls in the form of Total Allowable Catch (TAC) 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.
The Direction
Deepwater sharks are caught on the Continental slope either as a targeted catch or incidental to fishing operations for other target species in the fishery. Deepwater sharks are managed as a quota basket under the Plan. 18 species of deepwater sharks are currently included as quota under the deepwater shark basket in the Plan. The stock levels of these species are assessed using Tier 4 methodology consistent with the Harvest Strategy Policy in place for the fishery.
The Direction is required to close the western deepwater shark areas of the fishery until management arrangements are developed to allow trawling in an area west of King Island/west coast of Tasmania to increase the catch rate of deepwater shark species.
The Direction is consistent with the Authority’s objectives of ensuring that the exploitation of deepwater shark stocks are conducted in a manner consistent with the principles of ecologically sustainable development and long term sustainability of the stock.
Consultation
Subsection 41A(2) of the Management Act provides that, before giving a Direction, the Authority must consult the relevant management advisory committee and consider their views. The Authority may also consider the views of other interested persons.
In accordance with subsection 41A(2) of the Management Act, the Authority has consulted with the South East Management Advisory Committee (the Committee) on the contents of the Direction.
The trawl industry, through the South East Trawl Fishing Industry Association (SETFIA), recommended developing arrangements to allow for greater catch rates of deepwater shark.
The Committee endorsed these recommendations.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Direction (OBPR ID: 11917).
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The Authority assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. The Authority’s Statement of Compatibility is attached as a supporting document.
Terms of the Direction
Details of the Direction are set out below:
Clause 1 provides for the Direction to be cited as the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2013.
Clause 2 provides that the Direction commences on 15 February 2013.
Clause 3 provides that the Direction ceases as if revoked on 1 December 2018 unless earlier revoked.
Clause 4 provides that terms used in the Direction that are defined in the Plan and the Management Act, have the same meanings they have in the Plan and Management Act.
Clause 5 specifies the persons to whom the Direction applies.
Clause 6 directs that fishing is not to be engaged in in the specified area of the Southern and Eastern Scalefish and Shark Fishery.