Publications

Threat Abatement Plan for the Incidental Catch (or by-catch) of Seabirds During Oceanic Longline Fishing Operations

Prepared by
Biodiversity Group Environment Australia in consultation with the Threat Abatement Team
Environment Australia, 1998
ISBN 0 642 21420 4

4. Legislative Framework

This Plan is developed to meet the requirements of the Endangered Species Protection Act 1992. The Plan also influences the management of fisheries in the Australian Fishing Zone under the Fisheries Management Act 1991.

The Endangered Species Protection Act 1992 (ESP Act) is the primary instrument for Commonwealth actions to protect and assist the recovery of endangered or vulnerable plants, animals and ecological communities. The Act lists endangered and vulnerable species, endangered ecological communities and key threatening processes which impinge upon those species and communities. The Act provides for the preparation of recovery plans for listed species and ecological communities and threat abatement plans to guide actions to reduce the effect of key threatening processes.

The objects of the ESP Act (s.3.(1)) are to:

1. promote the recovery of species and ecological communities that are endangered or vulnerable; and
2. prevent other species and ecological communities from becoming endangered; and
3. reduce conflict in land management through readily understood mechanisms relating to the conservation of species and ecological communities that are endangered or vulnerable; and
4. provide for public involvement in, and promote public understanding of, conservation of such species and ecological communities.

The ESP Act provides for listing of key threatening processes. A key threatening process is one that threatens, or may threaten, the survival, abundance or evolutionary development of a native species or ecological community.

The ESP Act requires preparation of a Threat Abatement Plan for each key threatening process listed. The Threat Abatement Plan must provide for the research and management actions necessary to reduce the key threatening process to an acceptable level in order to maximise the chances of the long-term survival in nature of native species and ecological communities affected by the process.

The Threat Abatement Plan (TAP) has been developed through a whole of government approach. It was recognised that the incidental capture of seabirds is essentially a fisheries issue and one that is contemplated in the objectives of the Fisheries Management Act 1991. The Fisheries Management Act states, among other things, that "......the exploitation of fisheries resources.....need(s) to have regard to the impact of fishing activities on non-target species....". Further, AFMA has already established a network of multi-sectoral, fisheries specific management advisory committees (MACs) through which issues like the TAP can be progressed. Therefore, the government is of the view that the implementation of aspects of the TAP should occur under the Fisheries Management Act rather than environmental legislation.

The Fisheries Management Act 1991 and the Fisheries Administration Act 1991 (the Acts) provide the legislative framework for the management of the Commonwealth fisheries. The Acts enable the Australian Fisheries Management Authority (AFMA) to grant fishing concessions to eligible persons to undertake prescribed fishing activities in the Australian Fishing Zone (AFZ). Further, AFMA may develop and implement statutory management plans for fisheries. With regard to this Threat Abatement Plan, the Acts require AFMA and the Minister for Resources and Energy "... to have regard to the impact of fishing activities on non-target species...", which includes seabirds.

The following objectives for Commonwealth fisheries management must be pursued by the Minister in the administration of this Act and by AFMA in the performance of its functions:

1. implementing efficient and cost-effective fisheries management on behalf of the Commonwealth; and
2. ensuring that the exploitation of fisheries resources and the carrying on of any related activities are conducted in a manner consistent with the principles of ecologically sustainable development and the exercise of the precautionary principle, in particular the need to have regard to the impact of fishing activities on non-target species and the long term sustainability of the marine environment; and
3. maximising economic efficiency in the exploitation of fisheries resources; and
4. ensuring accountability to the fishing industry and to the Australian community in AFMA's management of fisheries resources; and
5. achieving government targets in relation to the recovery of the costs of AFMA.

In addition to the objectives mentioned above, the Minister, AFMA and Joint Authorities are to have regard to the objectives of:

1. ensuring, through proper conservation and management measures, that the living resources of the AFZ are not endangered by over-exploitation; and
2. achieving the optimum utilisation of the living resources of the AFZ.