Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 4 2013

Administered by Department of Agriculture

Legislation au F2013L00170 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

Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 4 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

Spatial closures are a fisheries management tool used to provide protection to a range of species and/or their habitat. A large number of spatial closures have been implemented to date and as time progresses new closures are developed and redundant ones are removed.

Harrisson’s Dogfish (Centrophorus harrissoni) and Southern Dogfish (C. zeehaani) are considered to be significantly depleted in south east Australia and have been the subject of a nomination for listing as threatened species under the Environment Protection and Biodiversity Conservation Act 1999. The Authority has developed the revised Upper-Slope Dogfish Management Strategy to promote the recovery of the Harrisson’s and Southern dogfish, which relies primarily on a network of spatial closures complemented by a range of non-spatial operational measures. The new closure network includes the along-slope and across-slope depth range (200m to 1000m for Harrisson’s Dogfish, and 200m to 900m for Southern Dogfish) of the dogfish to account for their movement within their home range.

The area prescribed in Schedule 1 is a new closure to protect Harrisson’s and Southern dogfish.

Consultation

The Authority has consulted extensively with scientific experts, industry, CSIRO, DAFF, ABARES and SEWPaC in developing the closure network implemented under the revised Upper-Slope Dogfish Management Strategy through workshops, meetings, port visits, phone conversations and correspondence during 2012. 

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 this Direction (OBPR ID: 14253)

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. 4 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 definitions for certain terms mentioned in the Direction and 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 as detailed in Schedule 1. 

 

Schedule 1      prescribes the area of the Flinders Research Zone Closure.

 

 

 

Overview

The Fisheries Management Act 1991 was enacted to provide a framework for the management of Australia’s fisheries resources, ensuring their sustainable use while balancing the interests of various stakeholders, including fishers, the environment, and the public. This Act was introduced to address the need for comprehensive management of fisheries within the Australian Fishing Zone, which includes both Commonwealth and state waters. The Australian Fisheries Management Authority, established under the Act, has the responsibility to develop and implement management plans and measures to achieve these objectives. The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 4 2013 is a legislative instrument developed by the Authority to direct fishing closures in specific areas of the Southern and Eastern Scalefish and Shark Fishery. This Direction aims to protect Harrisson’s Dogfish and Southern Dogfish by establishing new spatial closures, complementing other measures under the Upper-Slope Dogfish Management Strategy to promote the recovery of these depleted species. The enactment of this Direction follows extensive consultation with scientific experts, industry stakeholders, and relevant government bodies, ensuring a balanced approach to fishery management.

Scope and Application

The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 4 2013 applies to the Southern and Eastern Scalefish and Shark Fishery, which spans from approximately 80 nautical miles off the coast near Fraser Island in Queensland, south around Tasmania, and west to Cape Leeuwin in Western Australia. This extensive area covers nearly half of the waters within the Australian Fishing Zone and encompasses both Commonwealth and state waters. The Direction is applicable to all persons who engage in fishing activities within the specified closure area, ensuring compliance with the prescribed fishing restrictions to protect Harrisson’s Dogfish and Southern Dogfish. The Direction, which commenced on 15 February 2013, will cease on 1 December 2018 unless earlier revoked, and it relies on the broader framework provided by the Fisheries Management Act 1991 and the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. The Australian Fisheries Management Authority developed this Direction following extensive consultations with relevant stakeholders and experts to implement spatial closures aimed at promoting the recovery of the significantly depleted dogfish species in the region.

Key Provisions

The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 4 2013, under the Fisheries Management Act 1991, primarily concerns the implementation of spatial closures in the fishery area. Clause 6 of the Direction specifically mandates that fishing activities are not to be carried out in the specified area of the Southern and Eastern Scalefish and Shark Fishery, as detailed in Schedule 1 (Clause 6). This closure is designed to protect Harrisson’s Dogfish (Centrophorus harrissoni) and Southern Dogfish (C. zeehaani), which are significantly depleted in southeastern Australia. The closure area is prescribed in Schedule 1, covering the Flinders Research Zone and detailing the geographical extent of the closure, from a certain depth range to account for the movement within the home range of the dogfish species. The obligations imposed by this Direction are primarily on the fishing industry and other stakeholders operating within the Southern and Eastern Scalefish and Shark Fishery. According to Clause 5, the Direction applies to all persons engaged in fishing activities within the specified area. These parties must ensure that they do not engage in any fishing activities in the closed area, as outlined in Schedule 1. Compliance with this Direction is crucial for the protection of the dogfish species and the overall sustainability of the fishery. It requires adherence to the spatial closures and the various other management measures established under the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. There are significant consequences for breaching the provisions of this Direction. Under section 143 of the Fisheries Management Act 1991, any person who contravenes the Direction commits an offence. The maximum penalty for an individual offender is a substantial fine, specifically up to 500 penalty units, while for a corporate offender, the penalty can escalate to 2,500 penalty units. These penalties underscore the importance of adhering to the spatial closures and the broader management strategies aimed at protecting the Harrisson’s and Southern dogfish species. The enforcement of these measures is critical to the long-term sustainability of the fishery and the conservation of these threatened species.

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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.