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 (Minimum Gear Requirements) Direction 2007.
The purpose of the Southern and Eastern Scalefish and Shark Fishery (Minimum Gear Requirements) Direction 2007 (the Direction) is to mandate minimum fishing gear requirements in sectors of the Southern and Eastern Scalefish and Shark Fishery (SESSF) to reduce the capture of non-target species, as well as small and juvenile commercial species.
Section 17(5A) of the Fisheries Management Act 1991 (the Act) provides that a plan of management made under the Act may provide for the Australian Fisheries Management Authority (AFMA), after such consultations (if any) as are set out in the plan of management, to direct that fishing is not to be engaged in the fishery, or a particular part of the fishery, during a particular period or periods.
Section 17(5B) of the Act provides that a direction made under section 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, a particular method of fishing, or any combination of the above.
Section 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers power to make an instrument the power shall, unless the contrary intention appears, be construed as including a power, exercisable in like manner, to revoke the instrument. No such contrary intention appears in the Management Act.
Section 56(1) of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (SESSF Plan) provides that AFMA may direct that fishing is not to be engaged in the fishery, or in a specified part of the fishery, during a specified period.
Section 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 given in an emergency.
Section 92 of the Fisheries Administration Act 1991 provides for AFMA to delegate its powers and functions to, amongst others, the Managing Director of AFMA.
Section 17(11) of the Act provides that AFMA may delegate any powers conferred on it under a plan of management in accordance with paragraph 17(5A)(a) (and other provisions) only to the Managing Director. AFMA has delegated its powers to make directions under section 56 of the SESSF Plan to the Managing Director.
Objectives
This Direction is in pursuit of AFMA’s objectives and in particular ensuring that the exploitation of fisheries resources is conducted in accordance with the principles of ecologically sustainable development and has regard to the impact of fishing activities on non-target species. Further, the Direction implements measures required by the Ministerial Direction (S234, 20 December 2005) to the extent that it requires AFMA to implement measures to manage the broader environmental impacts of fishing, including minimising the levels of interactions with threatened or protected species under the Environmental Protection and Biodiversity Conservation Act 1999.
The Direction specifies minimum gear requirements for fishing within the Commonwealth South East Trawl Sector (CSETS), East Coast Deepwater Trawl Sector (ECDWTS), Commonwealth Great Australian Bight Trawl Sector (GABT), Commonwealth Gillnet, Commonwealth Scalefish Hook and Commonwealth Shark Hook Sectors (together the Gillnet Hook and Trap fishery) of the SESSF. Minimum gear requirements for the SESSF were previously implemented through sector specific gear directions and/or conditions on fishing permits and boat statutory fishing rights (SFRs). AFMA has decided to consolidate all gear requirements for the SESSF in a single direction to improve administration and compliance.
The gear requirements specified in the Direction will improve the selective properties of fishing gear used in the SESSF. It is anticipated that this will result in significant reductions in bycatch of small and juvenile fish, which will then produce higher levels of recruitment over time, resulting in improvements in fish stocks and potential revenue.
CSETS
In 2006, AFMA introduced new minimum gear requirements for trawl methods in the CSETS (other than Danish Seine) through application of the SESSF Direction No. 5. This Direction was revoked by the SESSF Gear Requirements Direction for the Commonwealth Trawl Sector 2006 on 1 February 2006, and an additional Direction, the SESSF Gear Requirement Direction for the Commonwealth Trawl Sector 2006 (B), was registered on 3 July 2006. These Directions included minimum mesh size specifications for the codend of trawl nets and minimum mesh size specifications for the wings and net mouth of otter trawl nets. The two latter Directions expired on 31 December 2006.
This Direction includes minimum mesh size specifications for the codend, wings and net mouth of trawl nets (other than Danish Seine) for the CSETS in accordance with the abovementioned expired Directions.
ECDWTS
The Direction introduces the minimum gear specifications for the CSETS into the ECDWTS. Minimum mesh size requirements in the ECDWTS were previously specified in conditions on fishing permits.
GABT
The Direction consolidates historical gear requirements in the GABT. Minimum codend mesh size requirements were first introduced by AFMA in 1993 and were previously specified in conditions on boat SFRs.
GHAT
The Direction specifies mesh size and configuration, and maximum headrope length for gillnets as previously specified in conditions on fishing concessions. This mesh size specification (6- 6½ inch) increases gear selectivity allowing small sharks and small fish to swim through the nets, while also avoiding large sharks, fish, skates and rays.
Fishing with random and automatic baiting equipment is not permitted in the Commonwealth Scalefish Hook and Commonwealth Shark Hook Sectors of the SESSF and has not been permitted since 1992, with the exception of one vessel that has been permitted to use the gear since that time. The use of this equipment has been subject to an ongoing trial limited to 15 fishing permits.
The Direction consolidates gear requirements in the GHAT that have historically been imposed by conditions on boat statutory fishing rights.
Consultation
The gear requirements specified in this Direction are the result of past consultation with, and recommendations from, SESSF Management Advisory Committees including the South East Trawl Management Advisory Committee (SETMAC), the Gillnet Hook and Trap Management Advisory Committee (GHATMAC) and the Great Australian Bight Management Advisory Committee (GABMAC).
Before issuing the Direction, AFMA consulted with SETMAC, GHATMAC and GABMAC at a joint meeting held on 28 March 2007. SETMAC, GHATMAC and GABMAC supported the introduction of the minimum gear requirements in the SESSF.
Regulation Impact Statement
Office of Best Practice Regulation issued a RIS exemption (OBPR ID 8813) due to the proposal being of a minor or machinery nature that does not substantially alter existing arrangements.
Direction
Details of the Direction are set out below:
Paragraph 1
Paragraph 1 provides for the Direction to be cited as the Southern and Eastern Scalefish and Shark Fishery (Minimum Gear Requirements) Direction 2007.
Paragraph 2
Paragraph 2 provides that the Direction commences on the day after it is registered on the Federal Register of Legislative Instruments.
Paragraph 3
Paragraph 3 states the persons to whom the Direction applies.
Paragraph 4
Paragraph 4 sets out the period of application of this Direction.
Paragraph 5
Paragraph 5 defines terms used in the Direction.
Paragraph 6
Paragraph 6 provides that the Direction applies to the Southern and Eastern Scalefish and Shark Fishery.
Paragraph 7
Paragraph 7 specifies minimum gear requirements for the Commonwealth South East Trawl Sector and East Coast Deepwater Trawl Sector. This paragraph operates by prohibiting fishing for scalefish and shark by trawl methods, other than Danish Seine, in the named sectors unless the trawl gear used complies with the minimum specifications. The operation of this clause is limited to gear required to fish for scalefish and shark, and does not apply to gear required for prawn fishing..
Paragraph 8
Paragraph 8 specifies minimum gear requirements for the Commonwealth GABT. The clause operates by prohibiting fishing by trawl methods, other than Danish Seine, in the sector unless the trawl gear used complies with the minimum specifications.
Paragraph 9
Paragraph 9 specifies minimum gear requirements for the Commonwealth Gillnet Sector. This clause operates by prohibiting fishing by gillnet methods in the sector unless the gillnet used complies with the minimum specifications.
Paragraph 10
Paragraph 10 provides that clauses 6, 7, 8 and 9 shall be deemed to be a condition on all applicable concessions.
Paragraph 11
Paragraph 11 prohibits the use of random baiting or automatic baiting equipment in the Commonwealth Scalefish Hook Sector and Commonwealth Shark Hook Sector.
Paragraph 12
Paragraph 12 provides that clauses 7, 8, 9 and 10 do not apply where AFMA has specified minimum gear requirements as a condition of a fishing concession or scientific permit provided the holder, or a person acting on behalf of the holder, is fishing in accordance with the condition.