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. 5 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Closure contained within the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 4 2010 which was revoked.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.
The Direction revokes the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 3 2013 due to an error with the co-ordinates of the area closed to fishing within the instrument.
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. 5 2013.
Clause 2 provides that the Direction commences on the day after it is registered on the Federal Register of Legislative Instruments.
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.
Clause 7 revokes the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 3 2013 from the date of commencement.
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 Fisheries Management Act 1991, enacted by the Australian Parliament, governs the sustainable management and conservation of fisheries within Australian waters. The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2013 was introduced by the Australian Fisheries Management Authority to address gaps and problems in the management of the Southern and Eastern Scalefish and Shark Fishery. This fishery, which covers a vast area from Queensland to Western Australia, operates under complex jurisdictional arrangements due to differing Offshore Constitutional Settlements with various states. The primary policy objective of this Direction is to maintain sustainable fishing practices by implementing specific closures and restrictions to protect certain species and habitats within the fishery. These measures are intended to ensure the long-term viability of the fishery while balancing ecological, social, and economic considerations.
Scope and Application
The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2013 applies to individuals and entities involved in fishing activities within the specified areas of the Southern and Eastern Scalefish and Shark Fishery, which covers a substantial portion of Australia's waters. This includes both Commonwealth and state waters, reflecting the complex jurisdictional arrangements stemming from the Offshore Constitutional Settlement with each state. The Direction is a legislative instrument created under the Fisheries Management Act 1991, empowering the Australian Fisheries Management Authority to implement specific closures to protect marine resources. It specifically revokes the earlier Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 3 2013 due to an error in the coordinates of the closed area, while continuing the Shark Hook and Gillnet Deepwater Closure and the Automatic Longline Shallow Water Closure from the previous Direction No. 4 2010. The Direction is designed to facilitate the development of alternative management arrangements in the future, ensuring sustainable fishing practices. It is subject to consultation requirements with the South East Management Advisory Committee and operates until 1 December 2018 unless earlier revoked.
Key Provisions
The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2013 (the Direction) primarily sets out the closures for certain fishing activities within the Southern and Eastern Scalefish and Shark Fishery (Clause 6). This legislation applies to specified areas within the fishery, continuing the closures for Shark Hook and Gillnet Deepwater fishing and Automatic Longline Shallow Water fishing that were previously in place under Direction No. 4 2010 (Clause 7). The Direction also revokes the earlier Direction No. 3 2013 due to an error in the coordinates of the closed area (Clause 7). The Direction is effective from the day after it is registered on the Federal Register of Legislative Instruments and will cease on 1 December 2018 unless revoked earlier (Clauses 2 and 3).
The Australian Fisheries Management Authority (the Authority) is responsible for managing this fishery under the Fisheries Management Act 1991 (the Management Act). The Direction imposes several obligations on the parties or entities it governs, including compliance with the closures outlined in the Direction (Clause 6). This includes refraining from engaging in certain fishing activities within the specified closed areas during the period the Direction is in force. The Authority must also ensure that any future development of alternative management arrangements for the specified closures is considered, as outlined in the Direction (Clause 6).
Under the Management Act, any person who engages in fishing activities in contravention of the closures specified in the Direction may be subject to various penalties and consequences. The specific penalties for breaches of the Direction are not explicitly stated in the provided text but can be inferred under the broader provisions of the Management Act, which may include fines, imprisonment, or both. The exact penalties would depend on the nature and severity of the breach, as well as any relevant state or territory laws that may also apply. The Authority is responsible for enforcing compliance with the Direction and ensuring that the fishery is managed sustainably and in accordance with the legislative requirements.