EXPLANATORY STATEMENT

Issued by the Authority of the Australian Fisheries Management Authority

Fisheries Management Act 1991

Heard Island and McDonald Islands Fishery Management Plan 2002

Direction No. HIMIFD 9

PROHIBITION ON THE USE OF FISHING METHODS OTHER THAN TRAWLING OR LONGLINING

The Heard Island and McDonald Islands Fishery Management Plan 2002 (the Management Plan) is a plan of management for the Heard Island and McDonald Islands Fishery (the Fishery) determined under section 17 of the Fisheries Management Act 1991 (the Act) on 8 May 2002.

Subsections 17(5A) and 17(5B) of the Act authorise the inclusion in a plan of management of provision for the giving of directions by the Australian Fisheries Management Authority (AFMA), after such consultations as are set out in the Management Plan, that a particular method of fishing is not to be engaged in in the Fishery. Holders of fishing concessions in the Fishery are obliged through the operation of sections 22 and 95 of the Act to comply with such a direction as a condition of the grant of a fishing right.

Regulation Impact Statement

The Office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement was not required for the proposed Direction (RIS ID 7799).

Consultation

Subsection 31(1) of the Management Plan provides for AFMA to give a direction as referred to in subsections 17(5A) and 17(5B) of the Act. Subsection 31(2) provides that before giving a direction AFMA must consult with, and consider the views of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG). Consultation on the new Direction with SouthMAC and SARAG has taken place in accordance with subsection 31(2) of the Plan.

Interpretation

A direction given by AFMA under subsections 17(5A) and 17(5B) is, under subsection 17(6B), a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Effect of the Direction

Direction No. HIMIFD 9 revokes a previous direction, Direction No. HIMIFD 8 made on 1 April 2004. The new Direction allows for longlining as a fishing method in the Fishery.

The new Direction has the effect of prohibiting the use of fishing methods other than trawling or longlining. A longlining trial was undertaken in the Fishery using Scientific Permits over the past three years to assess the potential impacts of this fishing method on seabirds. Following the success of the trial the Minister for the Environment and Heritage supported the introduction of longlining in the Fishery.

Direction No. HIMIFD 9 commences on the day after registration on the Federal Register of Legislative Instruments.