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 2009
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2009 (the Determination) is 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.
Paragraph 17(6)(aa) of the Act provides that a plan of management made under the Act may provide for 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 for the 2009 fishing year is from 1 June to 31 December 2009.
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(5) states that the TAC for Doughboy scallops is not to be increased during a fishing year. The level of TAC set by the Determination meets the requirements of this subregulation.
The Determination sets the TAC for the Commercial scallop (Pecten fumatus) at 2,500 tonnes and for the Doughboy scallop (Chlamys (Mimachlamys) asperrimus) at 100 tonnes for the 2009 fishing season.
The TACs prescribed are consistent with the Harvest Strategy for the Bass Strait Central Zone Scallop Fishery (the Fishery), which provides that the Fishery is to remain closed under a zero TAC unless fishery surveys indicate that adequate biomass is available for harvest. A survey undertaken in late 2008 indicated that scallop stocks were sufficient to commence commercial fishing in 2009. The results of the survey were then applied to Harvest Strategy for the Fishery and additional stakeholder consultation also considered.
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 Fishery, the Bass Strait Central Zone Scallop Fishery Resource Assessment Group (ScallopRAG) and 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 ScallopMAC and consider their views. AFMA may also consider the views of other interested persons. AFMA consulted with ScallopRAG and ScallopMAC at meetings on 27 February 2009 and 18-19 March 2009 respectively. Stakeholder input was also considered through a targeted industry meeting on 18 March 2009. The TACs for the 2009 fishing season reflect the ScallopMAC recommendation which was a balance between the views expressed during these meetings.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for the Determination (OBPR ID 10237).
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 2009 |
Clause 2 | Provides for the commencement and period of application of the Determination. |
Clause 3 | Provides that terms used in the Determination that are also used in the Act and the Plan have the same meaning in the Determination as in the Act and the Plan. |
Clause 4 | Provides that the total allowable catch that may be taken of Commercial and Doughboy scallops are 2,500 tonnes and 100 tonnes respectively. |