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. 9 2013
The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 9 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 Authority’s Commission raised concerns about the assessment of the eastern Pink Ling stock which indicated it was approaching the lower biomass limit where the stock would be declared as overfished. Allowing the stock to be declared as overfished would be contrary to Government policy (Harvest Strategy Policy 2007).
The Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 8 2013 closed three areas in the eastern zone of the fishery to all methods of fishing for the 2013/14 fishing season to reduce the catch of the eastern stock of Pink Ling. The closures include areas known as: Maria Island Canyon; Seiner’s Horseshoe; and Everard Horseshoe. These areas are located in eastern Bass Strait and have been identified as areas where Pink Ling could be targeted to a greater extent than other areas.
In addition to these measures, the Direction will restrict catches and fishing mortality to avoid overfishing in the eastern zone by preventing the targeting of Pink Ling and limiting incidental catches of Pink Ling to 50 kilograms per calendar day for each fishing trip. The Direction is required as a result of the calculated variable trigger being reached in the eastern zone of the fishery.
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 objectives, and the Commonwealth Fisheries Harvest Policy 2007.
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 consulted with the South East Management Advisory Committee (SEMAC) on 6 June 2013 on the contents of the Direction and any alternative approaches.
The trawl industry, through the South East Trawl Fishing Industry Association has been consulted on strategies to constrain the catch of Pink Ling.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Direction (OBPR ID 15196).
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. 9 2013.
Clause 2 provides that the Direction commences on 26 September 2013.
Clause 3 provides that the Direction ceases as if it was revoked 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.
Clause 7 provides an exemption from the prohibition to fish in Clause 6 allowing for a limit of 50 kg of Pink Ling per calendar day for incidental catches.