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:
Clause 1 | Provides for the Determination to be cited as Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2007 |
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 2007 (the Determination) was enacted to address the need for regulating the total allowable catch (TAC) for scallops in the Bass Strait Central Zone Scallop Fishery (BSCZSF). This Determination is a legislative instrument under the Legislative Instruments Act 2003 and is in line with the Fisheries Management Act 1991 (FM Act). The Australian Fisheries Management Authority (AFMA) was tasked with determining the TAC for each species of scallop before the start of each fishing season, as outlined in the Bass Strait Central Zone Scallop Fishery Management Plan 2002. The Determination was introduced to regulate the TAC in response to past overfishing and stock depletion, which led to temporary fishery closures and ongoing challenges in stock recovery. AFMA is required to consult with stakeholders, including the Management Advisory Committee (ScallopMAC), to ensure the TAC is set appropriately.
In the context of the FM Act, the Determination supports AFMA's mandate to manage fisheries sustainably while considering the input from stakeholders. The Determination was developed following consultations with ScallopMAC, which recommended a zero TAC for the 2007 season due to insufficient data on stock status. This decision aimed to prevent further depletion and allow for necessary surveys to inform future management decisions. The Determination specifies the allowable catch limits for commercial and Doughboy scallops, ensuring adherence to the regulatory framework established by the Bass Strait Central Zone Scallop Fishery Management Plan 2002 and the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002.
Scope and Application
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2007 applies to the management of the scallop fishery in the Bass Strait Central Zone, specifically focusing on the determination of the total allowable catch (TAC) for commercial and Doughboy scallops. This Determination is made under the authority of the Fisheries Management Act 1991 and is administered by the Australian Fisheries Management Authority (AFMA). It pertains to all entities and persons involved in the scallop fishing activities within the specified zone, including commercial fishermen, fishing businesses, and other stakeholders with an interest in the fishery. The Determination sets the legal framework for managing the fishery, ensuring compliance with the set TAC limits, and supports the broader objectives of the Fisheries Management Act 1991 and the Bass Strait Central Zone Scallop Fishery Management Plan 2002. The geographical scope of the Determination is limited to the Bass Strait Central Zone, a defined area within Australian waters. The Determination also incorporates any relevant definitions and terms from the Bass Strait Central Zone Scallop Fishery Management Plan 2002 and the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002. Notably, this Determination does not include any specific exclusions or exemptions, adhering strictly to the TAC limits established to manage the fishery sustainably.
Key Provisions
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2007 (the Determination) sets out the total allowable catch (TAC) for the fishery for the specified period. The TAC is the maximum amount of fish that can be caught legally in a given fishing season. According to Clause 4, the TAC for commercial scallops is set at 1,000 tonnes and for Doughboy scallops at 100 tonnes. These figures align with the requirements stipulated in the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (subsection 27(2)) and the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002 (subregulation 10(1)).
The Determination imposes specific obligations on the Australian Fisheries Management Authority (AFMA) and the stakeholders involved in the fishery. AFMA must determine the TAC for each species of scallop before the start of the fishing season, which runs from 1 May to 20 December, as mandated by subsection 27(1) of the Plan. Moreover, AFMA is required to consult with the Scallop Management Advisory Committee (ScallopMAC) and consider their views before setting the TAC, as outlined in subsection 27(3) of the Plan. The Determination also ensures that the TAC does not exceed the limits set by the Regulations, which is crucial for the sustainable management of the fishery.
Failure to comply with the provisions of the Determination can lead to various consequences. While the explanatory statement does not explicitly detail specific offences or penalties, breaches of the Fisheries Management Act 1991 (FM Act) and the associated regulations could result in substantial penalties. Under the FM Act, penalties for contravening regulations can include fines and imprisonment. For instance, under section 172 of the FM Act, individuals found guilty of unauthorised fishing activities can face fines of up to $22,000 or imprisonment for up to 12 months, or both. Additionally, corporations can be fined up to $110,000. These penalties underscore the importance of adhering to the regulations to maintain the sustainability and integrity of the fishery.