EXPLANATORY STATEMENT
Issued by the Authority of the Managing Director
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Southern and Eastern Scalefish and Shark Fishery Management Plan 2003
Southern and Eastern Scalefish and Shark Fishery Gear Requirement Direction for the Commonwealth Trawl Sector – 2006 (B).
The objective of this Direction is to mandate a minimum mesh size for otter trawl nets to reduce the capture of non-target species and, especially, the capture of small and juvenile commercial species.
Subsection 17(5A)(a) of the Fisheries Management Act 1991 (the Management Act) provides that a plan of management made under the Management Act may provide for the Australian Fisheries Management Authority (AFMA), after such consultations (if any) as set out in the plan of management, to 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.
Subsection 17(5B) provides that a Direction under 17(5A)(a) in relation to a part of a fishery may identify the part concerned in any way or ways, including by reference to a particular kind, size or quantity of fishing equipment.
Subsection 56(1) of the Southern and Eastern Scalefish and Shark Management Plan 2003 (SESSF Plan) provides that AFMA may direct that fishing is not to be engaged in the fishery, or a part of the fishery, during a particular period or periods. Section 5 of the SESSF Plan provides objectives of the SESSF Plan, including the implementation of efficient and cost effective management of the fishery. Penalties may apply for non-compliance with a Direction.
Subsection 56(2) of the SESSF Plan provides that, before AFMA issues a direction, it must consult and consider the views of, each relevant management advisory committee about the content of the direction unless the direction is issued in circumstances of an emergency. This Direction is an outcome of a specific recommendation from the South East Trawl Management Advisory Committee (SETMAC).
Section 92 of the Fisheries Administration Act 1991 provides for AFMA to delegate its powers and functions to, among others, the Managing Director of AFMA. Subsection 17 (11) of the Management Act permits AFMA to delegate its powers to make directions (among other things) only to the Managing Director. AFMA has delegated its power to make Directions to the Managing Director.
Background
Over the past couple of years, SETMAC has discussed the need to reduce bycatch, especially of small and juvenile fish (such as juvenile grenadier, eastern gemfish and small redfish). Mandatory codend requirements were introduced in January 2006 including the use of larger mesh or panels (square or rotated mesh). Whilst these have increased the selective properties of trawl nets, industry were supportive of implementing further net modifications. As this additional gear requirement will result in a reduced mortality of juvenile commercial species it is expected that recruitment and year classes will be stronger over time resulting in improvements in fish stocks and potential revenue.
Purpose
Specified fishing gear requirements are recommended based on industry trials and the experience of South East Trawl Fishery (SETF) fishers using modified gear in some or all of their activities. These specifications have been elaborated on through specific Fisheries Research and Development Corporation (FRDC) Projects. Ongoing research will further quantify the performance of some of the modifications. It is expected that this work may provide some important information into the development and refinement of fishing gears to improve selectivity in the SETF.
Advantages of the proposed refinements of the regulated mesh size in the South East Trawl Fishery include:
- Potentially significant reduction in bycatch of small and juvenile fish, and
- It pursues AFMA’s and Industry’s commitment to the EPBC Act, Strategic Assessment requirements and AFMA’s Ecologically Sustainable Development legislative objective.
Consultation
SETMAC 91 recommended to AFMA that permissible mesh size in nets be defined in a statutory Direction to take effect in early 2006. This followed discussions by industry beginning in mid 2005. The recommended gear requirements in the codend were outlined in the Southern and Eastern Scalefish and Shark Fishery Gear Requirement Direction for the Commonwealth Trawl Sector – 2006 and sent to all concession holders on 7 February 2006.
SETMAC 91 also recommended to AFMA that 115 mm mesh (4 ½ inch) be adopted as the minimum mesh size used in the wings and net mouth (shoulders, belly and veranda) of the trawl gear. While AFMA agreed to this recommendation, due to the limited advance notice and considering the extent of work and netting required by operators to make these changes, AFMA agreed to implement the mesh size limits for the wings and net mouth through a second Direction in July 2006.
Consultation of this gear requirement took place in December 2005 and a draft Direction was sent to all concession holders in April 2006. Of the 105 statutory fishing right (SFR) holders consulted only one concession holder was not in favor of this particular requirement; otherwise there was overwhelming support for this proposal.
On the 13th of June 2006 AFMA wrote to the Office of Regulatory Review seeking advice on whether a Regulation Impact Statement (RIS) was required for this Direction. A RIS exception was advised (ID 8382) due to the proposal being of a minor or machinery nature and does not substantially alter existing arrangements.
Subsection 56(3) of the SESSF Plan provides that this Direction takes effect 7 days after each concession holder has received written notice. There will also be a 3 month advisory / introductory period following the release of this Direction. All gear requirements implemented in the Commonwealth Trawl Sector in 2006 will be outlined in a single Direction for the 2007 fishing year.
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 Gear Requirement Direction for the Commonwealth Trawl Sector – 2006 (B).
Clause 2 provides for the commencement of the Direction.
Clause 3 states to whom the Direction applies.
Clause 4 sets out the period of application of this Direction.
Clause 5 defines certain terms used in the Direction and provides that terms used in the Direction that are defined for the purposes of the Plan have the same meanings as they have in the Plan. The note indicates that terms defined in the Management Act have the same meaning in the Direction.
Clause 6 states the specific gear requirement.