Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2016

Administered by Department of Agriculture

Legislation au F2016L01037 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the Authority of the
Australian Fisheries Management Authority

Fisheries Management Act 1991

Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2016

Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) provides, inter alia, that the Australian Fisheries Management Authority (the Authority) may 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 Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2016 (the Direction) is a legislative instrument for the purposes of the Legislation Act 2003.

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 s17 of the Management Act, mainly through output controls in the form of Total Allowable Catch 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.  

Closures serve to place restrictions on effort to protect spawning grounds, minimise impact on deepwater species, facilitate the recovery of certain species and protect threatened and endangered species. In this instance, the closure contained within the Direction is to allow a survey of the spawning population of orange roughy in the eastern Orange Roughy Management Area (ORMA) to proceed without interruption from commercial fishing. The survey will be used to inform a stock assessment that is used to monitor recovery and rebuilding of eastern zone orange roughy.

Background to the Direction

Orange roughy (Hoplostethus atlanticus) is a quota species under the Plan, and is assessed as a number of different stocks within the fishery. Targeted fishing for orange roughy ceased in 2006 and the eastern, southern and western zone stocks of orange roughy were placed under a stock conservation program. A stock assessment of the eastern zone stock was accepted by the Slope Resource Assessment Group (SlopeRAG) in October 2014. It showed the eastern orange roughy stock had rebuilt to 26 per cent of its unfished biomass and was at a level that supported recommencement of targeted fishing.

 

The species is currently managed under a separate Total Allowable Catch (TAC) for each specific zone. At its meeting in March 2016, the Authority’s Commission determined a TAC of 500 tonnes for the eastern zone for the 2016-17 fishing season.

 

Regular orange roughy eastern zone stock assessments are required in order to monitor the rebuilding of the stock.  Surveys of the spawning population are required to provide an index of abundance to inform these assessments.

 

Orange roughy fishing is subject to special management arrangements in areas of orange roughy aggregations.  These are called Orange Roughy Management Areas (ORMAs). There are two ORMAs in the fishery; one south of Tasmania near Pedra Branca Island and the other east of Tasmania off St Helen’s. The closure contained within the Direction applies to the eastern ORMA only.

 

The Direction

The Direction closes the eastern ORMA from 1 July 2016 to 31 July 2016 to all methods of fishing and applies to all holders of fishing concessions in the fishery.

 

Consultation

Subsection 41A(2) of the Management Act provides that, before giving a direction, the Authority must consult the Management Advisory Committee and consider their views.

In accordance with subsection 41A(2) of the Management Act, the Authority has consulted with the South East Management Advisory Committee on the contents of the Direction.

 

Regulation Impact Statement

 

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for the Direction (OBPR ID: 20929).

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 Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2016.

Clause 2 provides that the Direction commences on 1 July 2016.

Clause 3 provides that the Direction is repealed on 1 August 2016, unless earlier repealed.

Clause 4 provides that terms used in the Direction that are defined in the Management Plan, have the same meanings they have in the Management Plan.

Clause 5 specifies the persons to whom the Direction applies.

Clause 6 directs that fishing is not to be engaged in by all fishing methods in the area of the Southern and Eastern Scalefish and Shark Fishery as described in Schedule 1. 

Schedule 1 describes the area of the fishery closed to fishing by all fishing methods.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2016 was enacted by the Australian Fisheries Management Authority under Subsection 41A(2) of the Fisheries Management Act 1991. This legislation was introduced to address the need for temporary closures of specific areas within the Southern and Eastern Scalefish and Shark Fishery to facilitate scientific surveys and monitor the recovery of certain fish stocks, particularly the orange roughy. The policy objective is to ensure sustainable management of fish stocks and to provide accurate data for future fisheries management decisions. The Direction applies to the eastern Orange Roughy Management Area from 1 July 2016 to 31 July 2016, prohibiting all fishing methods during this period. This closure aims to allow for the completion of a survey on the spawning population of orange roughy, which is crucial for the assessment and management of this species. The enactment of this Direction reflects the commitment to the conservation and sustainable use of marine resources within Australia's fishing zones.

Scope and Application

The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2016 applies to all holders of fishing concessions within the Southern and Eastern Scalefish and Shark Fishery, covering the area 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 Direction, which is a legislative instrument under the Legislation Act 2003, serves to restrict all methods of fishing in the eastern Orange Roughy Management Area (ORMA) from 1 July 2016 to 31 July 2016. This temporary closure is intended to allow for a survey of the spawning population of orange roughy to proceed unhindered by commercial fishing activities. The closure is an exercise of the Authority's powers under subsection 41A(2) of the Fisheries Management Act 1991, which permits the Australian Fisheries Management Authority to direct that fishing is not to be engaged in during specified periods within the fishery. The Direction extends across both Commonwealth and state waters, reflecting the complex jurisdictional arrangements in place due to the Offshore Constitutional Settlement with each state. The Authority has consulted with the South East Management Advisory Committee in accordance with the requirements of the Management Act before issuing the Direction. Additionally, the Authority has assessed the Direction as being compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main sections of the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2016, as outlined in the explanatory statement, include provisions that specify the closure of a particular area of the fishery to all fishing methods for a defined period. Clause 2 sets the commencement date of the Direction as 1 July 2016, and Clause 3 specifies that it will be repealed on 1 August 2016 unless earlier repealed. Clause 4 ensures consistency in terminology by stating that terms defined in the Southern and Eastern Scalefish and Shark Fishery Management Plan have the same meanings when used in the Direction. Clause 5 identifies the persons to whom the Direction applies, and Clause 6 directs the closure of the fishery as described in Schedule 1. This schedule details the specific area of the fishery that is closed to all fishing methods. The Direction imposes obligations on all holders of fishing concessions in the Southern and Eastern Scalefish and Shark Fishery to refrain from engaging in any fishing activities within the specified area during the period from 1 July 2016 to 31 July 2016. This includes prohibiting all methods of fishing in the eastern Orange Roughy Management Area (ORMA) to facilitate a survey of the orange roughy spawning population. These obligations are designed to support the stock assessment process and the ongoing recovery of orange roughy populations. In terms of penalties and consequences, the explanatory statement does not specify any particular offences, penalties, or civil or criminal consequences for breaches of the Direction. However, the general legal framework under which the Direction operates, including the Fisheries Management Act 1991, would typically include provisions for enforcement actions and penalties for non-compliance. Such penalties could include fines and other sanctions for violating the terms of the Direction, as well as potential legal action against those found in breach. The exact penalties would depend on the specific provisions of the Fisheries Management Act and any other relevant legislation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.