Southern and Eastern Scalefish and Shark Fishery (Closures Variation) Direction No. 1 2016

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2016L00842 Not in force Legislative Instrument

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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 AFMAs 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.  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Fisheries Management Act 1991, enacted by the Australian Parliament, provides a framework for the sustainable management of Australia's fisheries. One of the key problems it sought to address was the overfishing of certain fish stocks, which threatened the ecological balance and long-term sustainability of marine resources. To further refine its regulatory approach, the Australian Fisheries Management Authority (AFMA) was empowered to issue directions under section 41A of the Act, including closures to protect specific stocks during critical periods such as spawning seasons. The Southern and Eastern Scalefish and Shark Fishery (Closures Variation) Direction No. 1 2016 was introduced to continue the closures of specific fishing grounds for pink ling, a species whose stocks were significantly depleted. This measure aimed to ensure the sustainable exploitation of pink ling stocks by restricting fishing activities in certain areas to allow for stock recovery, aligning with AFMA's broader policy objective of ecologically sustainable development.

Scope and Application

The Southern and Eastern Scalefish and Shark Fishery (Closures Variation) Direction No. 1 2016 applies to all holders of fishing concessions in the Southern and Eastern Scalefish and Shark Fishery, as well as any person acting on behalf of these concession holders, unless they are already subject to a 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. This Direction, made under the Fisheries Management Act 1991, extends to the geographic area that encompasses almost half of the waters within the Australian Fishing Zone, including both Commonwealth and state waters. The Direction, which applies to the fishery that stretches from approximately 80 nautical miles off the coast near Fraser Island in Queensland, south around Tasmania, and west to Cape Leeuwin in Western Australia, 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 until 1 May 2020. This measure aims to constrain total fishing mortality of pink ling in the eastern zone, ensuring the exploitation of pink ling stocks is conducted in a manner consistent with the principles of ecologically sustainable development and long-term sustainability.

Key Provisions

The Southern and Eastern Scalefish and Shark Fishery (Closures Variation) Direction No. 1 2016, enacted under subsection 41A(3) of the Fisheries Management Act 1991 (the Management Act), mandates the continuation of fishing closures in specific areas for the protection of pink ling stocks. This Direction specifically targets the areas around Maria Island, Seiner’s Horseshoe, and Everard Horseshoe, which are crucial spawning grounds for pink ling. These closures aim to reduce fishing pressure on these vulnerable stocks and to facilitate their recovery in line with the principles of ecologically sustainable development and long-term sustainability. The closures are in effect from the beginning of the 2016-17 fishing season until May 1, 2020, unless earlier revoked or varied. The Direction imposes obligations on all holders of fishing concessions within the fishery, and any person acting on their behalf, to comply with the specified closures. These obligations are designed to ensure that fishing activities do not interfere with the conservation and recovery of pink ling stocks, particularly in the eastern zone of the fishery. The Direction is clear that it applies to all concession holders unless they are subject to an existing condition that restricts their total pink ling catches in the eastern zone to no more than 25% of their total quota holdings. Compliance with these measures is essential to achieve the fishery's sustainability goals. Failure to comply with the provisions of this Direction may result in significant consequences. The Management Act provides for both civil and criminal penalties for non-compliance with fishing regulations. These penalties may include fines, imprisonment, or both, depending on the severity and frequency of the breach. The exact penalties are not specified in the Direction itself but are outlined in the relevant sections of the Management Act. It is important for all stakeholders to be aware of these potential consequences to ensure full compliance with the Direction and to protect the sustainability of the fishery. The Direction also stipulates that AFMA must ensure that a copy of the Direction is sent to the holders of fishing concessions as soon as practicable. This requirement underscores the importance of clear communication and transparency in the enforcement of fishing regulations. By keeping concession holders informed, AFMA aims to facilitate compliance and to ensure that all parties are aware of their obligations under the Direction. This proactive approach is essential to achieving the regulatory objectives and to maintaining the long-term health of the fishery.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.