Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2007

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 2007.

Background

The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2007 (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Subsection 17(6)(aa) of the Fisheries Management Act 1991 (the FM Act) provides that a plan of management determined for a fishery under the FM Act may determine or 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.

In performing its functions under Part 3 of the FM Act, subsection 16(1) of the FM Act requires that AFMA must pursue its objectives and, in addition, act in accordance with its corporate plan and current annual operational plan.

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 some evidence of a slow rebuilding of stock. However, surveys to date have shown no indication that the fishery could be reopened to commercial fishing.  Following the voluntary licence buy back under the “Securing Our Fishing Future” initiative there are 130 sets of fishing concessions remaining in the fishery.

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 Best Practice Regulations (OBPR) advised AFMA that a Regulation Impact Statement was not required for the proposed Determination (ORR ID 9077).

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, it’s Management Advisory Committee (ScallopMAC) and it’s Research Advisory Committee (ScallopRAG).

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 meeting of 27 March 2007.  ScallopMAC advised that there was insufficient information on which to recommend a commercial TAC for the 2007 season and recommended that a survey be undertaken during 2007/08 to determine stock status and inform future decisions.  In that light, ScallopMAC recommended the setting of a zero TAC for 2007.

Details of the Determination are set out below: