Southern and Eastern Scalefish and Shark Fishery (Minimum Gear Requirements) Direction No. 1 2012

Administered by Department of Agriculture

Legislation au F2012L01518 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 Management Plan 2003

Southern and Eastern Scalefish and Shark Fishery (Minimum Gear Requirements) Direction No. 1 2012

The Southern and Eastern Scalefish and Shark Fishery (Minimum Gear Requirements) Direction No. 1 2012 (the Direction) 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 the Australian Fisheries Management Authority (AFMA) may, after such consultation as set out in subsection 41A(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.

 

The Fishery

 

The Southern and Eastern Scalefish and Shark Fishery (SESSF) 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 SESSF encompasses almost half of the waters within the Australian Fishing Zone. The SESSF operates in both Commonwealth and state waters under complex jurisdictional arrangements, due to different Offshore Constitutional Settlement arrangements with each state.

 

Management in the SESSF is mainly through output controls in the form of TAC limits set under the Commonwealth Harvest Strategy Policy and the specific SESSF Harvest Strategy Framework (HSF). Input controls used include a limit on the number of boats that operate in each sector due to a finite amount of fishing concessions authorising fishing in the fishery, as well as gear restrictions such as limits on mesh size and the amount of fishing gear that may be used.

 

Boarfish and Orange Roughy in the East Coast Deepwater Trawl (ECDWT) Sector are the only remaining species for which non-quota TACs are set (Orange Roughy in the eastern, southern and western zones, as defined in Part 3 of Schedule 1 of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003, are quota species and subject to the Southern and Eastern Scalefish and Shark Fishery Total Allowable Catch (Quota Species) Determination 2012). The non-quota TACs for these two species act as a trigger limit with the main management strategy being to limit targeting of Boarfish and Orange Roughy in this sector. If catches exceed the non-quota TACs for the season the ECDWT fishery sector will be closed.

 

The Direction

 

The Direction revokes and replaces the Southern and Eastern Scalefish and Shark Fishery (Minimum Gear Requirements) Direction 2010 (the Previous Direction). The Direction replicates the requirements of the Previous Direction for all sectors other than the Commonwealth Gillnet Sector where an amendment has been made allowing for the use of longer gillnets in waters other than South Australian waters.   

 

The Direction is in pursuit of AFMA’s objectives and in particular the objective of 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, East Coast Deepwater Trawl Sector, Commonwealth GAB Trawl Sector, Commonwealth Gillnet Sector, Commonwealth Scalefish Hook and Commonwealth Shark Hook Sectors (together the Gillnet Hook and Trap fishery) of the SESSF.

 

The gear requirements specified in the Direction will improve the selective properties of fishing gear used in the SESSF, and therefore, will result in significant reductions in bycatch of small and juvenile fish. This is expected to result in improvements over time in fish stocks, and in turn, to an increase in potential revenue from fishing.

 

Consultation

 

The gear requirements specified in the 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 making the Direction, AFMA consulted with SEMAC and GABMAC in meetings held in 2012. 

 

Regulation Impact Statement

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Direction consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature. 

Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

AFMA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached as a supporting document. 

 

 

 

 

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 (Minimum Gear Requirements) Direction No. 1 2012.

Clause 2

Provides that the Direction commences on the day after registration on the Federal Register of Legislative Instruments.

Clause 3

Provides that the Direction ceases on 30 June 2013 unless earlier revoked.

Clause 4

Defines terms used in the Direction and provides that a term used in the Direction and in the Plan or the Act has the same meaning in the Direction as in the Plan or Act.

Clause 5

Provides that the Direction applies to a holder of fishing concession in the SESSF, and to a person acting on behalf of a holder. 

Clause 6

Specifies the minimum gear requirements for the Commonwealth South East Trawl Sector and the East Coast Deepwater Trawl Sector.

Clause 7

Specifies the minimum gear requirements for the Commonwealth GAB Trawl Sector.

Clause 8

Specifies the minimum gear requirements for the Commonwealth Gillnet Sector.

Clause 9

Specifies the minimum gear requirements for the Commonwealth Scalefish Hook Sector and the Commonwealth Shark Hook Sector.

Clause 10

Provides an exemption to Clauses 6 -9 enabling AFMA to authorise a person to use particular fishing gear, contrary to the requirements of the Direction, if this is warranted in the circumstances – by authorising the use of the gear as a condition attached to a boat SFR held by the person in the SESSF. 

Clause 11

Provides for the revocation of the Southern and Eastern Scalefish and Shark Fishery (Minimum Gear Requirements) Direction 2010.

 

 

 

Overview

The Fisheries Management Act 1991, enacted by the Australian Parliament, governs the management of fisheries in Australia, including the establishment of management plans and regulations to ensure sustainable exploitation of fish stocks. One such regulation is the Southern and Eastern Scalefish and Shark Fishery (Minimum Gear Requirements) Direction No. 1 2012, introduced by the Australian Fisheries Management Authority (AFMA) to address the problem of bycatch and its impact on non-target species within the Southern and Eastern Scalefish and Shark Fishery (SESSF). The SESSF, covering vast waters off the coasts of Queensland, Tasmania, and Western Australia, employs a combination of output and input controls, including Total Allowable Catch (TAC) limits and gear restrictions to manage its fisheries sustainably. The Direction aims to improve the selectivity of fishing gear, thereby reducing bycatch of small and juvenile fish, which is expected to enhance fish stocks and potentially increase revenue from fishing activities. The Direction was developed through consultation with relevant management advisory committees and aligns with AFMA's objective of ensuring ecologically sustainable development and minimising environmental impacts, including interactions with threatened or protected species under the Environmental Protection and Biodiversity Conservation Act 1999.

Scope and Application

The Southern and Eastern Scalefish and Shark Fishery (Minimum Gear Requirements) Direction No. 1 2012 applies to holders of fishing concessions within the Southern and Eastern Scalefish and Shark Fishery (SESSF) and to individuals acting on behalf of such holders. This Direction is an instrument of the Fisheries Management Act 1991, and it pertains to the geographical area of waters extending 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 Direction governs both Commonwealth and state waters, adhering to the various Offshore Constitutional Settlement arrangements with each state. The primary aim of this Direction is to establish minimum gear requirements for the Commonwealth South East Trawl Sector, East Coast Deepwater Trawl Sector, Commonwealth GAB Trawl Sector, Commonwealth Gillnet Sector, Commonwealth Scalefish Hook Sector, and Commonwealth Shark Hook Sector of the SESSF, to ensure that fishing practices within these sectors are environmentally sustainable and have minimal impact on non-target species. This Direction specifies various gear requirements to enhance the selectivity of fishing equipment used in the SESSF, thereby aiming to significantly reduce bycatch of small and juvenile fish. The provisions of the Direction were developed following consultations with SESSF Management Advisory Committees, including the South East Trawl Management Advisory Committee, the Gillnet Hook and Trap Management Advisory Committee, and the Great Australian Bight Management Advisory Committee. While the Direction sets out the mandatory gear requirements, it also includes provisions for exemptions that allow the Australian Fisheries Management Authority to authorise specific fishing gear under certain conditions, such as attaching the use of the gear as a condition to a boat SFR held by the person in the SESSF. The Direction revokes and replaces the previous Southern and Eastern Scalefish and Shark Fishery (Minimum Gear Requirements) Direction 2010, with the amendment allowing for the use of longer gillnets in waters other than South Australian waters. The Direction is set to cease on 30 June 2013 unless earlier revoked.

Key Provisions

The Southern and Eastern Scalefish and Shark Fishery (Minimum Gear Requirements) Direction No. 1 2012 (the Direction) is a legislative instrument under the Fisheries Management Act 1991 (the Management Act). The Direction outlines the minimum gear requirements for specific sectors within the Southern and Eastern Scalefish and Shark Fishery (SESSF) (Clause 5). These sectors include the Commonwealth South East Trawl Sector (Clause 6), the East Coast Deepwater Trawl Sector (Clause 6), the Commonwealth GAB Trawl Sector (Clause 7), the Commonwealth Gillnet Sector (Clause 8), and the Commonwealth Scalefish Hook and Commonwealth Shark Hook Sectors (Clause 9). The Direction also provides an exemption mechanism whereby the Australian Fisheries Management Authority (AFMA) can authorise the use of particular fishing gear that would otherwise contravene the Direction (Clause 10). The Direction revokes and replaces the Southern and Eastern Scalefish and Shark Fishery (Minimum Gear Requirements) Direction 2010 (the Previous Direction) and incorporates updated requirements for the Commonwealth Gillnet Sector (Clause 11). Holders of fishing concessions in the SESSF and persons acting on behalf of concession holders are subject to the requirements of the Direction (Clause 5). Specifically, they must adhere to the minimum gear requirements specified for their respective sectors (Clauses 6-9). The Direction mandates specific technical specifications for fishing gear to be used, which are designed to reduce bycatch and improve the selective properties of the gear. This includes, but is not limited to, restrictions on mesh sizes and other gear specifications that are intended to minimise the impact on non-target species and juvenile fish. The Direction imposes several obligations on holders of fishing concessions and persons acting on their behalf. Primarily, they must ensure that their fishing activities comply with the specified minimum gear requirements for their particular sector. This includes using fishing gear that meets the technical specifications outlined in the Direction. Non-compliance with these requirements could lead to the closure of the fishery sector, impacting both the individual operator and the broader fishery. There are no specific offences or penalties outlined in the Direction itself; however, non-compliance with the Direction may result in enforcement actions under the Fisheries Management Act 1991. The Act provides for civil and criminal penalties for breaches, including fines and imprisonment. The exact penalties depend on the nature and severity of the breach but can be significant, reflecting the importance of adhering to the provisions of the Direction for the sustainability of the fishery. In summary, the Southern and Eastern Scalefish and Shark Fishery (Minimum Gear Requirements) Direction No. 1 2012 establishes minimum gear requirements for specified sectors within the SESSF. It imposes obligations on fishing concession holders to comply with these requirements, with potential consequences for non-compliance under the Fisheries Management Act 1991. The Direction aims to improve the selective properties of fishing gear and reduce bycatch, contributing to the long-term sustainability 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.