EXPLANATORY STATEMENT
Fisheries Management Act 1991
Bass Strait Central Zone Scallop Fishery Management Plan 2002
Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2010
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2010 (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 is to set out amongst other things the objectives of the plan on management and measures by which the objectives are to be attained.
Paragraph 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 for the 2010 fishing year will commence on or after 1 April 2010 and end on
31 December 2010.
The Determination sets the TAC for the Commercial Scallop, Pecten fumatus, at
3,000 tonnes (whole weight) and for the Doughboy Scallop, Chlamys (Mimachlamys) asperrimus, at 100 tonnes (whole weight) for the 2010 fishing year.
The TACs prescribed are consistent with the Harvest Strategy for the Bass Strait Central Zone Scallop Fishery (the Fishery), which provides that a zero TAC is to be set unless surveys of the Fishery indicate that adequate biomass is available for harvest. Surveys conducted during 2009 indicated that scallop stocks were sufficient to commence fishing in 2010.
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 TACs 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 17 December 2009 and 12-13 January 2010 respectively. Stakeholder input was also considered through a public meeting held on 12 January 2010. The TACs for the 2010 fishing year reflect the recommendations from 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 11112).
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 2010. |
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 TAC that may be taken of the Commercial Scallop and Doughboy Scallop are 3,000 tonnes and 100 tonnes, respectively. |