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. |
Overview
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2010 is a legislative instrument created under the authority of the Fisheries Management Act 1991 and the Legislative Instruments Act 2003. This Determination was enacted to address the need for precise regulation of the total allowable catch for scallop fisheries in the Bass Strait Central Zone for the 2010 fishing year. The Australian Fisheries Management Authority (AFMA), as mandated by the Fisheries Management Act 1991, plays a critical role in determining these catch limits to ensure sustainable management of marine resources. The policy objective is to balance the economic interests of the fishing industry with the ecological imperative to maintain healthy scallop populations, as reflected in the Harvest Strategy for the Bass Strait Central Zone Scallop Fishery. The Determination sets the total allowable catch for the Commercial Scallop at 3,000 tonnes and for the Doughboy Scallop at 100 tonnes for the 2010 fishing year, based on survey data indicating sufficient stock levels.
Scope and Application
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2010 applies to the management of the scallop fisheries within the Bass Strait Central Zone, specifically for the 2010 fishing year. This Determination, made under the Fisheries Management Act 1991, is aimed at regulating the total allowable catch (TAC) for two scallop species: the Commercial Scalop, Pecten fumatus, and the Doughboy Scallop, Chlamys (Mimachlamys) asperrimus. The legislation mandates the Australian Fisheries Management Authority (AFMA) to set these catch limits, ensuring that the fisheries are managed sustainably. The Determination is applicable to all entities and persons engaged in the commercial scallop fishing activities within the specified geographic area of the Bass Strait Central Zone. The authority of this Determination is derived from the Commonwealth’s jurisdiction over fisheries management, thus extending across state and territory boundaries within the zone. The Determination does not explicitly state any exclusions or exemptions but is inherently guided by the overarching principles and provisions of the Fisheries Management Act 1991 and the Bass Strait Central Zone Scallop Fishery Management Plan 2002.
Key Provisions
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2010 sets the total allowable catch (TAC) for the 2010 fishing year for two species of scallop: the Commercial Scallop, Pecten fumatus, at 3,000 tonnes (whole weight) and the Doughboy Scallop, Chlamys (Mimachlamys) asperrimus, at 100 tonnes (whole weight) (Clause 4). The fishing season is to commence on or after 1 April 2010 and end on 31 December 2010 (Subsection 27(1) of the Plan). Before deciding the TACs for the fishing year, the Australian Fisheries Management Authority (AFMA) must consult with the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC) and consider their views (Subsection 27(3) of the Plan).
The Act imposes several obligations on AFMA and other parties. AFMA must determine the TACs for each species of scallop before the start of the fishing season (Subsection 27(1) of the Plan). Additionally, AFMA must consult with ScallopMAC and consider their views when deciding on the TACs (Subsection 27(3) of the Plan). The Plan of management also provides that AFMA may determine the fishing capacity permitted for the fishery or a part of the fishery in respect of a particular period or periods (Paragraph 17(6)(aa) of the Act).
The Determination does not explicitly state any offences, penalties, or consequences for breach. However, any breach of the Act or the Plan could potentially lead to civil or criminal liability. The Fisheries Management Act 1991 provides for a range of offences, including offences related to fishing without a licence, exceeding the TAC, and contravening a direction or order made under the Act (Sections 131-137). Penalties for these offences can include fines and imprisonment. Additionally, any person who suffers loss or damage as a result of a breach of the Act or the Plan may be entitled to compensation (Section 146 of the Act).
The Determination sets out the TACs for the 2010 fishing year for two species of scallop in the Bass Strait Central Zone Scallop Fishery. It imposes obligations on AFMA to determine the TACs and consult with relevant stakeholders before the start of the fishing season. While the Determination itself does not state any offences or penalties, breaches of the Act or the Plan could lead to civil or criminal liability under the Fisheries Management Act 1991.