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. 3 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
The Direction continues the Shark Hook and Gillnet Deepwater Closure and the Automatic Longline Shallow Water Closure contained within the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 4 2010 which was revoked. The Direction allows for the future development of alternative management arrangements specific to the Shark Hook and Gillnet Deepwater Closure and the Automatic Longline Shallow Water Closure.
Consultation
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.
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. 3 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.
Schedule 1 prescribes the area of the Shark Hook and Gillnet Deepwater Closure.
Schedule 2 prescribes the area of the Automatic Longline Shallow Water Closure.
Overview
The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 3 2013, issued under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority, was enacted to address the need for continued closures in specific areas of the Southern and Eastern Scalefish and Shark Fishery. This legislative instrument was introduced to manage fishing activities more effectively by extending the Shark Hook and Gillnet Deepwater Closure and the Automatic Longline Shallow Water Closure that were initially set out in the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 4 2010. The closures aim to protect marine ecosystems while allowing for future development of alternative management strategies. The Authority has consulted with the South East Management Advisory Committee and deemed the Direction compatible with human rights, as per the Human Rights (Parliamentary Scrutiny) Act 2011. The Direction will remain in effect until December 1, 2018, unless revoked earlier, and applies to the specified areas within the fishery.
Scope and Application
The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 3 2013, issued under the Fisheries Management Act 1991, applies to the Southern and Eastern Scalefish and Shark Fishery, which encompasses a significant portion of the waters within the Australian Fishing Zone, extending from approximately 80 nautical miles off the coast near Fraser Island in Queensland, around Tasmania, and west to Cape Leeuwin in Western Australia. This fishery operates within both Commonwealth and state waters, and is managed under the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. The Direction applies to persons engaging in fishing activities within the specified areas of the fishery, and it mandates closures in certain parts of the fishery to allow for the development of alternative management arrangements for the Shark Hook and Gillnet Deepwater Closure and the Automatic Longline Shallow Water Closure. These closures are intended to protect specific marine environments and ensure sustainable fishing practices. The Direction came into effect on 15 February 2013 and will cease unless revoked earlier, with the latest possible cessation date being 1 December 2018.
Key Provisions
The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 3 2013 primarily focuses on the regulation of fishing activities in specific areas of the Southern and Eastern Scalefish and Shark Fishery. Under Clause 6 of the Direction, fishing is prohibited in designated areas to protect marine ecosystems and ensure sustainable fishing practices (Clause 6). The specific areas of closure are detailed in Schedule 1 for the Shark Hook and Gillnet Deepwater Closure and Schedule 2 for the Automatic Longline Shallow Water Closure. These closures are designed to mitigate environmental impacts and prevent overfishing in vulnerable zones.
The Direction imposes several obligations on the parties it governs. Firstly, it mandates that fishing activities must not take place in the specified closed areas during the periods outlined in the Direction (Clause 6). This includes prohibiting the use of certain fishing methods and gear within these areas to protect marine life and habitats. Additionally, the Direction requires compliance with the broader provisions of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 and the Fisheries Management Act 1991 (Clause 4). This ensures that all fishing activities within the fishery adhere to established management practices and regulatory frameworks.
Failure to comply with the provisions of the Direction may result in legal consequences. The Act provides for enforcement mechanisms to ensure adherence to the closures and other regulatory requirements. Breaches of the Direction may lead to administrative penalties, including fines and potential revocation of fishing licenses. The severity of penalties is commensurate with the nature and extent of the breach, reflecting the importance of maintaining the integrity of the fishery management measures. The maximum penalties for such breaches, however, are not explicitly stated within the Direction itself but would be governed by the overarching provisions of the Fisheries Management Act 1991.