EXPLANATORY STATEMENT
Issued by the Authority of the
Australian Fisheries Management Authority
Fisheries Management Act 1991
Southern and Eastern Scalefish and Shark Fishery (Closures Variation) Direction No. 1 2016
Subsection 41A(2) of the Fisheries Management Act 1991 (the Management Act) provides that the Australian Fisheries Management Authority (AFMA) 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 that AFMA may, at any time, by a further direction in writing, vary or revoke a direction given under subsection (2). A direction given under subsection 41A(3) of the Management Act is not subject to the notification requirements under section 41A(2) and 41A(2A).
Pursuant to subsection 41A(4) of the Management Act, if AFMA varies a direction given under subsection 41A(2) it must ensure a copy of the direction given under subsection (3) is sent to the holder of a fishing concession in respect of the fishery as soon as practicable.
The Southern and Eastern Scalefish and Shark Fishery (Closures Variation) Direction No. 1 2016 (the Direction) is a legislative instrument for the purposes of the Legislation Act 2003.
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. 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.
Closures serve to place restrictions on effort to protect spawning grounds, minimise impact on deepwater species, facilitate the recovery of certain species and protect threatened and endangered species.
Background to the Direction
Pink ling (Genypterus blacodes) is a quota species under the Plan which is assessed as two separate stocks; east and west of Longitude 147° East. Although they are assessed as separate stocks, the species is currently managed under a global TAC. An updated stock assessment was accepted by the Slope Resource Assessment Group (SlopeRAG) in October 2015. It indicated the eastern pink ling stock is at 30 per cent of its unfished biomass (below the target reference point), while the western stock is at 73 per cent of its unfished biomass. At its meeting in March 2016, the AFMA Commission determined a combined east and west TAC of 1144 tonnes for 2016-17 fishing season, with alternative controls to restrict catches in the east to below 404 tonnes.
AFMA manages eastern zone pink ling by applying regional limits for the eastern zone of the fishery. The aim of these restrictions is to constrain total fishing mortality of pink ling in the eastern zone. In order to further constrain catches in the eastern zone during 2014 AFMA implemented the Fisheries Management (Southern and Eastern Scalefish and Shark Fishery, Pink Ling) Temporary Order 2015 No. 1 (Temporary Order). The Temporary Order closed fishing grounds at Maria Island, Seiner’s Horseshoe and Everard Horseshoe.
Maria Island, Seiner’s Horseshoe and Everard Horseshoe have been identified by industry as being areas containing high numbers of pink ling. Since 2005, the closure of these areas has been implemented by a mixture of voluntary and legislated measures.
The Temporary Order expired on 1 May 2015 and was subsequently replaced by the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2015.
The Direction
The Southern and Eastern Scalefish and Shark Fishery (Closures Variation) Direction No. 1 2016 continues the closures of pink ling grounds at Maria Island, Seiner’s Horseshoe and Everard Horseshoe from the start of the 2016-17 fishing season.
The Direction applies to all concession holders in the fishery and those operating on behalf of these concession holders unless they are subject to an existing concession condition restricting total pink ling catches in the eastern zone of the fishery to no more than 25 per cent of their total quota holdings.
Continuation of these closures will impact on the trawl and longline 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 AFMA’s legislative objectives of ensuring the exploitation of pink ling stocks are conducted in a manner consistent with the principles of ecologically sustainable development and long term sustainability.
The measures imposed by the Direction commence on the day after registration on the Federal Register of Legislative Instruments and remain in force until 1 May 2020.
Consultation
The Direction is made under subsection 41A(3) of the Management Act, therefore no consultation is required. However, AFMA has consulted with the South East Management Advisory Committee and major pink ling quota holders in relation to the Direction.
Regulation Impact Statement
The Office of Best Practice Regulation has previously advised that a Regulation Impact Statement is not required for this instrument, consistent with the agreement in place to cover certain regulatory changes including closure Directions.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
This legislative instrument does not infringe any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Accordingly, in AFMA’s assessment, this legislative instrument is compatible with human rights and a declaration is attached.
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 Variation) Direction No. 1 2016. |
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 is repealed on 1 May 2020 unless earlier revoked. |
Clause 4 | Provides that terms used in the Direction that are defined in the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the Plan) and the Management Act, have the same meanings they have in the Plan and Management Act. |
Clause 5 | Provides that the Direction applies to a holder of a fishing concession in the Fishery and to a person acting on behalf of the holder. |
Clause 6 | Varies the Southern and Eastern Scalefish and Shark Fishery (Closures) Direction No. 2 2015 by amending Clause 7 of the instrument. |
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