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. 4 2012
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
Pink Ling (Genypterus blacodes) is a quota species under the Plan and the closures are required to protect the spawning stocks of this species. The Direction temporarily closes four areas of the Fishery to all methods of fishing for a period of three months.
The 2010 Pink Ling stock assessment was more positive than the 2009 assessment, albeit with some concerns about the stock. However the initial 2011 base case assessment was less optimistic and although not accepted by the Slope Resource Assessment Group (RAG), raised enough concern for the RAG to recommend a TAC of 1 000 tonnes for the 2012-13 fishing season, a reduction of 200 tonnes from the previous year.
SlopeRAG and the South East Management Advisory Committee (the Committee) recommended adopting the trawl industry suggestion that closures of Pink Ling spawning areas in eastern Bass Strait be reinstituted for one year while the revised Pink Ling stock assessment was reviewed and that surveys be conducted in the closures.
The closures were implemented with the intent of protecting Pink Ling during the spawning period, reducing catches and assisting to prevent overfishing. Although it is difficult to quantify any direct effect on spawning biomass from implementation of these closures both industry and scientists agree that the closures are beneficial to stocks.
Industry operators agree that the appropriate period for a closure of the four areas under the Direction to protect spawning stock should run over the period of three days prior to the full moon in September until three days after the full moon in November. In 2012 the full moons are on 30 August and 30 November, therefore the closure period will run from 28 August until 1 December.
Implementation of closures will impact on the trawl and long line sectors in the short term. However, failure to reduce catches and improve recruitment may delay stock rebuilding which is essential to maximise long term economic returns. The Direction is consistent with the Authority’s legislative objectives of ensuring exploitation of Pink Ling stocks are conducted in a manner consistent with the principles of ecologically sustainable development and long term sustainability.
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 Committee on the contents of the Direction.
The trawl industry, through the South East Trawl Fishing Industry Association (SETFIA), recommended reintroducing closures to protect spawning Pink Ling.
The Committee endorsed the SETFIA recommendation to introduce the closures.
Industry agreed the appropriate period for the closure should run over the period of three days prior to the full moon in September until three days after the full moon in November. In 2012 the full moons are on 30 August and 30 November, therefore the closure period is recommended to run from 28 August until 1 December.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Direction (OBPR ID 13488).
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. 4 2012.
Clause 2 provides that the Direction commences on 28 August 2012.
Clause 3 provides that Direction ceases on 1 December 2012, unless earlier revoked.
Clause 4 provides that terms used in the Direction that are defined in the Management Plan and the Management Act, have the same meanings they have in the Management 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 specified areas of the Southern and Eastern Scalefish and Shark Fishery.