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. 8 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
Pink Ling (Genypterus blacodes) is a quota species under the Plan. In determining a Pink Ling TAC of 834t for the 2013/14 season the AFMA Commission raised concerns about the eastern stock which had been assessed at 26% of virgin biomass.
The Direction closes three areas of the Fishery to all methods of fishing for the 2013/14 fishing season to reduce the catch of the eastern stock of this species.
The closures in the Direction, Maria Island Canyon, Seiner’s Horseshoe and Everard Horseshoe are located in eastern Bass Strait and have been identified as areas where Pink Ling can be targeted to a greater extent than other areas.
The closures are implemented with the intent of reducing catches and assisting to prevent overfishing.
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 South East Management Advisory Committee (SEMAC) on the contents of the Direction.
The trawl industry, through the South East Trawl Fishing Industry Association (SETFIA), recommended reintroducing closures to reduce the catch of Pink Ling.
At its meeting on 6 June 2013, SEMAC recommended closing these areas to all fishing for the 2013/14 fishing season.
Industry and SEMAC agreed the appropriate period for the closure should run for the 2013/14 fishing season and expire on 30 April 2014.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Direction (OBPR ID 14421).
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. 8 2013.
Clause 2 provides that the Direction commences on 1 July 2013.
Clause 3 provides that Direction ceases on 30 April 2014, 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.