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 2008
The Determination would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 17(5) 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 give particular determinations for the purposes of attaining the objectives of the plan of management.
Subsection 17(6)(aa) of 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.
The Determination
The Determination sets the TAC for both Commercial scallop and Doughboy scallop for the 2008 fishing season at zero, in accordance with the Direction to AFMA by the Minister given on 16 December 2005 under s91 of the Fisheries Administration Act 1991 (Commonwealth of Australia Special Gazette No S234). The Direction requires that the fishery should have a TAC of zero for a period of at least three years. The 2008 fishing season will be the third year with a zero TAC. A zero TAC is also consistent with the Harvest Strategy for the Bass Strait Central Zone Scallop Fishery, which provides that the fishery is to remain closed unless fishery surveys indicate that adequate biomass is available for harvest.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised AFMA that a Regulation Impact Statement was not required for the proposed Determination (OBPR ID 9512).
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 2008 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 2008 |
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 that the total allowable catch of Commercial and Doughboy scallop that may be taken is zero tonnes. |
Overview
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2008 (F2008L00964) was enacted by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This legislative instrument was introduced to address the need for setting the total allowable catch (TAC) for both commercial and Doughboy scallops within the Bass Strait Central Zone Scallop Fishery for the 2008 fishing season. In line with a direction given by the Minister under the Fisheries Administration Act 1991, the Determination mandates a zero TAC for a period of at least three years, consistent with the Harvest Strategy for the fishery. The policy objective is to ensure the sustainable management of the fishery resources by maintaining a closed fishery unless adequate biomass is indicated by surveys. AFMA's approach to management involves consultation with stakeholders, including the Bass Strait Central Zone Scallop Fishery Management Advisory Committee, to incorporate their views in determining the TAC.
Scope and Application
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2008 applies to the management of the scallop fishery within the Bass Strait Central Zone, specifically targeting commercial scallops (Pecten fumatus) and Doughboy scallops. This legislation is administered by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, ensuring that the management practices align with the overarching objectives of the Act. The fishery's operations, including the determination of the total allowable catch (TAC), are regulated to maintain sustainable fishing practices and protect the fishery's resources. The Determination mandates a zero TAC for both commercial and Doughboy scallops for the 2008 fishing season, continuing a closure of the fishery as directed by the Minister under the Fisheries Administration Act 1991. This decision follows consultations with the Bass Strait Central Zone Scallop Fishery Management Advisory Committee and adheres to the provisions of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 and the accompanying regulations. The zero TAC policy is intended to remain in effect for at least three years, aligning with the fishery's harvest strategy, which mandates that the fishery remain closed unless surveys indicate sufficient biomass for harvesting.
Key Provisions
The key operative sections of the Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2008 include Clause 1, which provides for the citation of the Determination; Clause 2, which outlines the commencement and period of application; Clause 3, which states that expressions used in the Determination that are also used in the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Plan) have the same meaning; and Clause 4, which sets the total allowable catch (TAC) of Commercial and Doughboy scallops to zero tonnes. These clauses collectively establish the framework for the fishery management for the specified period, ensuring alignment with the overarching management plan and regulatory framework.
The Bass Strait Central Zone Scallop Fishery Management Plan 2002 mandates that the Australian Fisheries Management Authority (AFMA) must determine the TAC for each species of scallop prior to the start of the fishing season, and must not exceed the limits specified in the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002. Specifically, Subsection 27(1) of the Plan requires AFMA to determine the TAC, while Subsection 27(2) ensures the TAC does not exceed 1,000 tonnes for commercial scallops and 100 tonnes for Doughboy scallops, as per Subregulation 10(1). AFMA is also obligated to consult the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC) before deciding on the TAC for a fishing year, as stipulated in Subsection 27(3) of the Plan. These obligations ensure a collaborative and regulated approach to managing the fishery, adhering to the requirements set forth by the governing legislation.
In the event of non-compliance with the provisions of the Determination, various offences and penalties may apply. The Fisheries Management Act 1991 provides for civil and criminal penalties for breaches of the Act and any regulations made under it. While specific penalties are not detailed in the explanatory statement, the general framework includes potential fines and imprisonment for serious breaches, reflecting the seriousness with which the law regards non-compliance with fishery management regulations. The exact penalties would be determined by the courts based on the nature and severity of the offence.
Overall, the Determination aims to maintain a zero TAC for the 2008 fishing season, in line with the Direction to AFMA by the Minister under s91 of the Fisheries Administration Act 1991. This aligns with the requirements of the Harvest Strategy for the Bass Strait Central Zone Scallop Fishery, which mandates that the fishery remain closed unless adequate biomass is available for harvest, ensuring the sustainable management of the fishery resources.