EXPLANATORY STATEMENT
Issued by the authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Bass Strait Central Zone Scallop Fishery Management Plan 2002
Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2006
The proposed Determination would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 17(6)(aa) 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) to determine the fishing capacity permitted for the fishery or a part of the fishery in respect of a particular period or periods.
Subsection 27(1) of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Plan) provides that, prior to the start of the fishing season, AFMA must determine the total allowable catch (TAC) for each species of scallop for the fishing year. The fishing season is from 1 May to 20 December.
The Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002 (the Regulations) complement the Plan and prescribe matters in support of the Act relevant to the fishery.
Subsection 27(2) of the Plan provides that the TAC must not be greater than an amount specified in the Regulations for the purposes of this subsection. Subregulation 10(1) states that the TAC at the start of each fishing season must not be greater than 1,000 tonnes for commercial scallops, and must not be greater than 100 tonnes for Doughboy scallops. The level of TAC set by the proposed Determination meets the requirements of this subregulation.
The fishery
The principal target species in the Bass Strait Central Zone Scallop Fishery (BSCZSF) is the commercial scallop (Pecten fumatus). The principal harvest method is by a scallop harvester (or dredge). The main markets for scallops have traditionally been France, Hong Kong, USA and the domestic market.
As a result of overfishing and a severe decline in catch in 1998 the fishery was closed to fishing in 1999 and 2000. There has been an area closure of the known scallop beds (or part of these beds) in the eastern part of the fishery since 2001. Scientific surveys undertaken in this area from 2000 to 2005 have provided evidence of stock rebuilding. Unfortunately the rebuilding process has been slower than what was hoped for and may have been hindered by fishing outside the closure area. Partly because of these closures in the fishery, there have been some marketing challenges faced by scallop operators. These relate mainly to continuity of supply to support export markets and competition with cheaper imported product which became accepted by the domestic market in the absence of local product.
Regulation Impact Statement
The Office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement was not required for the proposed Determination (ORR ID 8084).
Consultation
AFMA’s management philosophy (as foreshadowed in its governing legislation) involves a partnership approach to the management of marine resources under its jurisdiction. Cooperation with relevant stakeholders, such as the fishing industry, government agencies, the community and others with an interest in the sustainable management of the Commonwealth’s fisheries resources, is a vital part of this approach. This approach provides opportunities for stakeholders to have input into the management process through, in the case of the BSCZSF, the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC).
Subsection 27(3) of the Plan provides that, before deciding the TAC for a fishing year, AFMA must consult the Committee and consider their views. AFMA consulted with ScallopMAC at their March 2006 meeting.
Details of the Determination are set out below:
Clause 1 | Provides for the Determination to be cited as Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2006 |
Clause 2 | Provides for the commencement and period of application of the Determination. |
Clause 3 | Provides that expressions used in the Determination that are also used in the Plan have the same meaning in the Determination as in the Plan. |
Clause 4 | Provides the total allowable catch of commercial and Doughboy scallops that may be taken. |
Overview
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2006 is a legislative instrument established under the Fisheries Management Act 1991. This determination was enacted to address the need for setting specific total allowable catch limits for the scallop fishery in the Bass Strait Central Zone, following concerns over overfishing and significant declines in scallop populations. The Australian Fisheries Management Authority (AFMA) is the body responsible for making this determination, ensuring alignment with the management plan and regulations designed to support sustainable fishing practices. The primary policy objective is to balance ecological sustainability with the economic interests of the fishing industry, ensuring the fishery can recover while still providing for commercial and community needs.
In accordance with the Bass Strait Central Zone Scallop Fishery Management Plan 2002, AFMA is mandated to consult with relevant stakeholders, including the Bass Strait Central Zone Scallop Fishery Management Advisory Committee, before setting the total allowable catch for each fishing year. This collaborative approach aims to incorporate diverse perspectives and expertise, facilitating better management outcomes. The determination reflects a commitment to scientific evidence and stakeholder engagement, addressing both the ecological and economic dimensions of fishery management.
Scope and Application
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2006 applies to all commercial activities related to the scallop fishery within the Bass Strait Central Zone. This includes any person or entity engaged in scallop fishing or related activities within the specified geographic boundaries of the fishery, as defined under the Fisheries Management Act 1991. The Determination mandates the total allowable catch (TAC) limits for both commercial and Doughboy scallops for a particular fishing year, in accordance with the provisions of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 and the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002. The TAC must not exceed 1,000 tonnes for commercial scallops and 100 tonnes for Doughboy scallops, as stipulated by the Regulations. The Act applies nationally within the Commonwealth of Australia, ensuring a uniform approach to the management of the fishery across relevant jurisdictions. The application of the Act may be extended or modified through subordinate instruments, ensuring flexibility in the management approach to address emerging issues or changes in fishery conditions.
Key Provisions
The key provisions of the Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2006 (Clause 4) specify the total allowable catch (TAC) for commercial scallops and Doughboy scallops for the fishing year. According to these clauses, the TAC for commercial scallops cannot exceed 1,000 tonnes, and for Doughboy scallops, it cannot exceed 100 tonnes. These figures align with the requirements outlined in the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002, which stipulate the maximum allowable catch to support the rebuilding of scallop stocks in the area.
The obligations under the Act require the Australian Fisheries Management Authority (AFMA) to determine the TAC for each species of scallop before the start of the fishing season, which runs from 1 May to 20 December. AFMA must consult with the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC) and consider their views before making the determination. This consultative process ensures that the TAC decision is informed by relevant stakeholders and supports the sustainable management of the fishery. Additionally, the TAC must not exceed the specified amounts as per the Regulations, thereby enforcing stock management and conservation measures.
Failure to comply with the TAC limits set out in the Determination could result in legal consequences. Although the Explanatory Statement does not specify the exact penalties, breaches of fishing regulations generally attract penalties under the Fisheries Management Act 1991. These penalties can include fines, licence suspension, or other regulatory actions designed to enforce compliance and protect the fishery's sustainability. The severity of the penalties may vary depending on the nature and extent of the breach.