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 Variation No.1 2011
The Direction variation 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 Australian Fisheries Management Authority (the Authority) may, after such consultation as set out in s41A(2), direct that fishing is not to be engaged in the fishery, or a particular part of the fishery, during a particular period or periods.
Subsection 41A(3) of the Management Act provides, inter alia, provides that the Authority may, at any time, by a further direction in writing, vary or revoke a direction given under subsection (2).
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, in force under s17 of the Management Act, mainly through output controls in the form of Total Allowable Catch 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.
Background to the Direction Variation
The Authority made the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2010 (the Direction) on 2 December 2010. The Direction came into force on 15 December 2010, after registration on the Federal Register of Legislative Instruments, and expires on 15 June 2012.
The Direction prescribes the conditions under which Commonwealth Trawl Sector (CTS) operators may fish for Snapper in Victorian waters[1].
Prior to amendment by this Direction, the Direction imposed a 50kg trip limit for Snapper taken by CTS operators in Victorian waters, with take in excess of 50kg of Snapper on a trip allowed up to an aggregate total of 20 tonnes if certain conditions are met. This meant that once the 20 tonne limit had been reached, CTS operators in Victorian waters could not take more than 50kg of Snapper on a fishing trip in Victorian waters.
The implementation of a 50 kg trip limit, once an aggregate take of 20 tonnes was reached, was applied to ensure that the exploitation of these stocks is at a sustainable level in accordance with the Authority’s objectives of ecologically sustainable development.
Purpose
This variation to the Direction varies paragraph 6(2)(a) of the Direction to increase the aggregate total of Snapper that may be taken by Victorian CTS operators in Eastern Victorian waters before the 50kg trip limit applies from 20 tonnes to 27 tonnes. Due to increased incidental catches of Snapper under the trial, the aggregate total Snapper catch has now exceeded the 20 tonnes. The purpose of the variation is to allow for the continuation of the trial to assess Snapper catch and discard levels in Victorian waters by trawl operators and to reduce the potential for discards of Snapper once the aggregate total is exceeded and operators are subject to a 50kg trip limit. Increasing the aggregated catch limit will also allow time for discussions between Fisheries Victoria and industry to occur in which long term measures and cost sharing arrangements can be discussed.
The Authority is satisfied that the variation to the Direction made under s41A of the Management Act is consistent with the objectives of the Plan; as well as with its obligation to pursue the objectives set out in section 3 of the Management Act, in particular the objectives concerned with the sustainability of fisheries resources and maximising net economic returns to the Australian community.
Consultation
The variation to the Direction made under s41A of the Management Act has been developed in consultation with Fisheries Victoria, the South East Trawl Fishing Industry Association (SETFIA), and recreational fishing representatives. The South East Management Advisory Committee (SEMAC) has also been consulted.
The Victorian Department of Fisheries has expressed concern about high catches of Snapper by Commonwealth trawl operators, and called for a trip limit for Snapper to be introduced. Under paragraph 7(1)(g) of the Fisheries Administration Act 1991, the Authority is required to consult with State, Territory or overseas bodies having functions similar to the Authority’s functions. In addition, there are various Offshore Constitutional Settlement arrangements between the Commonwealth and the States regarding the management of fisheries.
Industry members raised concerns that the 50kg limit introduced would result in significant discards of Snapper at sea. The Authority’s Management estimated that Snapper discards could be in the order of 25 tonnes per year if the 50kg trip limit remains in place, but the exact amount is difficult to predict.
SETFIA, which represents CTS operators, strongly opposes the 50kg trip limit for Snapper.
A meeting was held on 30 September 2010 between AFMA Management, Fisheries Victoria, SETFIA and recreational fishing representatives to develop alternative management arrangements to the 50kg trip limit. At this meeting alternative management arrangements were developed and proposed to be trialled for a period of 18 months. As a result, the Authority registered the Direction.
Discussions were held on 21 October 2011 between the Authority and Fisheries Victoria in which the variation to the Direction made under s41A of the Management Act was discussed. The Authority and Fisheries Victoria agreed to raise the aggregate total for Snapper take from 20 tonnes to 27 tonnes.
Subsequently, SETFIA and SEMAC were consulted on the variation to the Direction made under s41A of the Management Act. SEMAC were sent an out of session paper which outlined the proposal to increase the total aggregate Snapper limit from 20 tonnes to 27 tonnes. Both SETFIA and SEMAC supported the variation.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that a Regulation Impact Statement was not required for the variation to the Direction (OBPR ID 13208).
Terms of the Variation to the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2010
Details of the variation to the Direction made under s41A of the Management Act are set out below:
Clause 1 provides for the variation to the Direction made under s41A of the Management Act to be citied as Southern and Eastern Scalefish and Shark Fishery (Closures) Direction Variation No. 1 2011.
Clause 2 provides that the variation to the Direction made under s41A of the Management Act commences on the day after it is registered on the Federal Register of Legislative Instruments.
Clause 3 omits subclause 6(2)(a) of the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 5 2010 and inserts:
(2) For the purposes only of undertaking an assessment of Snapper catch and discard levels for AFMA, the holder may take on a trip in excess of 50 kg of Snapper provided:
- Fishing only take place prior to the assessment being terminated on:
- 30th April 2012; or
- the taking of an aggregated amount of 20 tons of Snapper under the assessment prior to 30th April 2011; or
- the taking of an aggregated amount of 27 tons of Snapper under the assessment after 1st May 2011 and prior to 30th April 2012;
with AFMA to notify holders in writing of such terminating event.
[1] Snapper is managed in waters adjacent to Victoria by both the Commonwealth and State of Victoria under the provisions of Offshore Constitutional Settlement arrangements (see Commonwealth Gazette s436 of 31st October 1997 at pages 1 to 18). Victoria manages Snapper species where fishing takes place by non trawl methods or is not taken as bycatch under another Commonwealth concession. The Commonwealth has jurisdiction over all species taken by trawl methods and of bycatch of Snapper using other fishing methods under a Commonwealth concession. The Commonwealth, by regulations 52 to 56 and Schedule 6 of the Fisheries Management Regulations 1992 has regulated non trawl by catch of (inter alia) Snapper. This Direction now extends regulation of Snapper catch specifically to trawling concession holders.