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. |
Overview
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2009 was enacted to establish the total allowable catch (TAC) for scallops in the Bass Strait Central Zone for the 2009 fishing year, as part of the legislative framework under the Fisheries Management Act 1991. This Determination was introduced to address the need for precise management of scallop stocks in the region, ensuring that the fishery operates within sustainable limits. The Australian Fisheries Management Authority (AFMA) was tasked with determining the TAC for each species of scallop, which was set at 2,500 tonnes for Commercial scallops and 100 tonnes for Doughboy scallops. This decision was based on the results of fishery surveys indicating sufficient stock levels and was subject to consultation with relevant stakeholders, including the Bass Strait Central Zone Scallop Fishery Management Advisory Committee. The Determination aims to balance the sustainable management of fishery resources with the interests of stakeholders, reflecting the policy objective of the Fisheries Management Act 1991 to achieve sustainable use of fisheries resources through effective management.
Scope and Application
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2009 applies to the fishing of Commercial scallop (Pecten fumatus) and Doughboy scallop (Chlamys (Mimachlamys) asperrimus) within the Bass Strait Central Zone. This legislation is enacted under the authority of the Fisheries Management Act 1991 and the Bass Strait Central Zone Scallop Fishery Management Plan 2002. It is administered by the Australian Fisheries Management Authority (AFMA) and is intended to ensure the sustainable management of the fishery, setting the total allowable catch (TAC) for the 2009 fishing season. The Determination is applicable across the Commonwealth of Australia, ensuring a consistent approach to fishery management within federal jurisdiction. Exclusions or exemptions are not specified in the Determination itself, although the TACs are set in accordance with the Harvest Strategy for the fishery, which may inherently exclude certain conditions or scenarios. The application of this Determination can be extended or modified through subordinate instruments, such as regulations, which complement the overarching Act and Plan by providing additional detail and support.
Key Provisions
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2009 (the Determination) outlines the total allowable catch (TAC) for the 2009 fishing season, specifically for Commercial scallops (Pecten fumatus) and Doughboy scallops (Chlamys (Mimachlamys) asperrimus). Under section 27(2) of the Bass Strait Central Zone Scallop Fishery Management Plan 2002, the TAC for the 2009 fishing season is set at 2,500 tonnes for Commercial scallops and 100 tonnes for Doughboy scallops. The Determination adheres to the constraints set by the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002, particularly subregulation 10(5), which states that the TAC for Doughboy scallops cannot be increased during a fishing year. This approach ensures that the TACs are consistent with the Harvest Strategy for the Fishery, which mandates that the fishery remain closed unless sufficient biomass is indicated by surveys.
The Determination imposes several obligations on the Australian Fisheries Management Authority (AFMA). Primarily, AFMA must determine the TAC for each species of scallop before the fishing season commences, in line with section 27(1) of the Plan. This process must include consultation with the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC) as required by section 27(3) of the Plan. AFMA must consider the views of ScallopMAC and potentially other interested parties when deciding on the TAC. The Determination reflects the recommendations of ScallopMAC and other stakeholder consultations, ensuring a balanced approach to managing the fishery.
Breaches of the provisions in the Determination may result in civil or criminal penalties. The Fisheries Management Act 1991 provides for various penalties for non-compliance with the provisions of the Act and the Determination. Offences under the Act can lead to substantial fines, with the exact penalties depending on the nature and severity of the breach. For example, taking more than the allowable catch can result in penalties that are significant enough to deter non-compliance. Additionally, any person who contravenes the Determination may face legal action, which could include further fines or imprisonment. The specific penalties are detailed in the relevant sections of the Fisheries Management Act 1991.