Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 6 2013

Overview

The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 6 2013 was enacted to address the need for sustainable management of deepwater shark stocks within the Southern and Eastern Scalefish and Shark Fishery, which spans almost half of the waters within the Australian Fishing Zone. The Direction was issued by the Australian Fisheries Management Authority pursuant to the Fisheries Management Act 1991. The primary policy objective of this legislative instrument is to ensure that the exploitation of deepwater shark stocks is conducted in a manner consistent with the principles of ecologically sustainable development and long-term sustainability. The Direction specifically mandates the closure of western deepwater shark areas to trawling if a 25-tonne aggregate amount of Orange Roughy is taken in a fishing season, thereby aligning with these sustainability principles.

Scope and Application

The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 6 2013, made under the Fisheries Management Act 1991, pertains to the regulation of fishing activities within the Southern and Eastern Scalefish and Shark Fishery, which extends from approximately 80 nautical miles off the coast near Fraser Island in Queensland, around Tasmania, and west to Cape Leeuwin in Western Australia. This Direction applies to all persons engaging in fishing activities within the specified areas of the fishery and aims to ensure that fishing practices are conducted in a manner consistent with principles of ecologically sustainable development and the long-term sustainability of deepwater shark stocks. This legislative instrument operates within both Commonwealth and state waters, reflecting the complex jurisdictional arrangements due to different Offshore Constitutional Settlements with each state. The Direction specifically closes certain areas to trawling if an aggregate of 25 tonnes of Orange Roughy is caught in a fishing season, as a measure to protect deepwater shark stocks, which are managed under a quota system outlined in the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. The Authority is required to consult with relevant advisory committees and consider their views before implementing such a Direction, as stipulated by the Management Act.

Key Provisions

The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 6 2013 is a legislative instrument that provides for the closure of a specific area of the fishery to trawling under certain conditions. This Direction is made under subsection 41A(2) of the Fisheries Management Act 1991 (the Act) and is consistent with the Authority's objective of ensuring that deepwater shark stocks are exploited sustainably. According to Clause 6 of the Direction, fishing is not to be engaged in the specified area of the Southern and Eastern Scalefish and Shark Fishery if a 25 tonne aggregate amount of Orange Roughy is taken in the area during a fishing season. This measure aims to protect the deepwater shark stocks and maintain the ecological balance of the fishery. The Direction imposes several obligations on the parties or entities it governs. Under Clause 5, the Direction applies to all persons involved in fishing activities within the specified area of the Southern and Eastern Scalefish and Shark Fishery. These persons must comply with the Direction's provisions, including refraining from engaging in fishing activities in the specified area if the 25 tonne aggregate amount of Orange Roughy is taken. The Direction also requires these persons to adhere to the terms and conditions outlined in the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the Plan) and the Fisheries Management Act 1991. Failure to comply with the provisions of the Direction may result in civil or criminal consequences. While the Direction itself does not explicitly outline specific penalties for non-compliance, it is likely that breaches of the Direction would be subject to the penalties provided under the Fisheries Management Act 1991 or other relevant legislation. The maximum penalties for breaches of the Act can include fines, imprisonment, or both, depending on the severity of the offence. Additionally, persons found to be in violation of the Direction may also face other civil or administrative consequences, such as the suspension or revocation of their fishing licences or permits. In summary, the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 6 2013 provides for the closure of a specific area of the Southern and Eastern Scalefish and Shark Fishery to trawling if a 25 tonne aggregate amount of Orange Roughy is taken during a fishing season. This Direction imposes obligations on the parties or entities it governs, including refraining from engaging in fishing activities in the specified area under the given conditions. Failure to comply with the Direction may result in civil or criminal consequences, as outlined in the Fisheries Management Act 1991 or other relevant legislation.