Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2013

Overview

The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2013 is a legislative instrument issued by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This Direction was enacted to address the need for the temporary closure of the western deepwater shark areas within the Southern and Eastern Scalefish and Shark Fishery to ensure the long-term sustainability of deepwater shark stocks. The fishery, which spans almost half of Australia's Fishing Zone, operates under a complex jurisdictional framework due to the Offshore Constitutional Settlement. The Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 governs the fishery, employing both output controls, such as Total Allowable Catch (TAC) limits, and input controls, including restrictions on the number of boats and types of fishing gear. The Direction was developed following consultation with the South East Management Advisory Committee and recommendations from the South East Trawl Fishing Industry Association, aiming to balance the needs of the trawl industry with the ecological sustainability of deepwater shark stocks.

Scope and Application

The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2013 applies to persons and entities engaged in fishing activities within the specified area of the Southern and Eastern Scalefish and Shark Fishery. This area encompasses 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 fishery operates in both Commonwealth and state waters, governed by the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003, which is in force under the Fisheries Management Act 1991. The Direction is aimed at ensuring that the exploitation of deepwater shark stocks is conducted in a manner consistent with ecologically sustainable development and long-term sustainability of the stock. Before issuing the Direction, the Australian Fisheries Management Authority consulted with the South East Management Advisory Committee, considering their views as well as those of other interested parties. The Direction specifies a closure in the western deepwater shark areas until appropriate management arrangements are developed, reflecting the need to balance ecological considerations with industry requirements.

Key Provisions

The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2013 sets out specific closures in the Southern and Eastern Scalefish and Shark Fishery to manage deepwater shark stocks sustainably (Clause 6). This Direction was made under the authority granted by section 41A(2) of the Fisheries Management Act 1991 (the Management Act). The Direction aims to close certain areas of the fishery until adequate management arrangements are developed for trawling in deepwater areas west of King Island/west coast of Tasmania (Clause 4). This is to ensure that deepwater shark stocks are exploited in a manner consistent with ecologically sustainable development and long-term sustainability. The Direction imposes obligations on those engaged in fishing activities within the specified areas of the Southern and Eastern Scalefish and Shark Fishery. It requires that no fishing activities, including trawling, are conducted in the closed areas unless and until the Authority has revoked the Direction or specific management arrangements are put in place (Clause 6). This includes ensuring compliance with any additional conditions or requirements that the Authority may specify for the re-opening of these areas. Breach of the provisions in this Direction may result in civil or criminal penalties. The exact penalties are not specified in the Direction itself but are governed by the general provisions of the Management Act and other related legislation. Under the Management Act, unauthorised fishing in a closed area could lead to substantial fines, prosecution, and potential confiscation of fishing equipment. These penalties are intended to enforce compliance with fishery management measures and protect the sustainability of the fishery's resources. The Direction was developed following consultation with the South East Management Advisory Committee and the South East Trawl Fishing Industry Association, as required by the Management Act. This consultation ensured that the views of relevant stakeholders were considered in the development of the Direction. Additionally, a Statement of Compatibility with human rights was prepared, confirming that the Direction aligns with the principles set out in the Human Rights (Parliamentary Scrutiny) Act 2011. This legislative instrument is designed to balance the need for sustainable management of fishery resources with the interests of industry participants.