EXPLANATORY STATEMENT
Issued by the Authority of the Commission 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 2011.
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 of 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 Determination sets the TAC for the Commercial Scallop, Pecten fumatus, at
2000 tonnes (whole weight) and for the Doughboy Scallop, Chlamys (Mimachlamys) asperrimus, at 100 tonnes (whole weight) for the 2011 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 2010 and 2011 indicated that scallop stocks were sufficient to commence fishing in 2011.
Consultation
Subsection 27(3) of the Plan provides that, before setting a TAC for a fishing year, AFMA must consult Scallop Management Advisory Committee (ScallopMAC) and consider their views. AFMA may also consider the views of other interested persons. AFMA consulted with the Scallop Resource Assessment Group at meetings on 19-20 January and 11 March 2011. AFMA consulted with the ScallopMAC at meetings on 17 February and 4 April 2011. The TACs for the 2011 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 12508).
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 2011. |
Clause 2 | Provides for the commencement of the Determination. |
Clause 3 | Provides that terms 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 TAC for Commercial Scallop is 2000 tonnes and 100 tonnes for Doughboy Scallop. |
Overview
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2011 was enacted to set the total allowable catch (TAC) for the 2011 fishing year under the Fisheries Management Act 1991. This legislation was introduced to address the need for clear and consistent management of scallop fisheries in the Bass Strait, ensuring that fishing activities are sustainable and do not exceed the biomass available for harvest. The Australian Fisheries Management Authority (AFMA) is the enacting body responsible for determining the TAC, which is a critical measure in the management of fishery resources. The policy objective outlined in the explanatory statement is to set the TAC based on the recommendations from relevant advisory committees and considering the results of surveys indicating adequate biomass for fishing in the specified year. The determination reflects the input from the Scallop Management Advisory Committee and the Scallop Resource Assessment Group, ensuring that the TACs are aligned with the best available scientific advice and stakeholder views.
Scope and Application
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2011, made under the Fisheries Management Act 1991, applies to the management of the Bass Strait Central Zone Scallop Fishery, specifically addressing the determination of the total allowable catch (TAC) for the 2011 fishing year. This determination sets the TAC for the Commercial Scallop, Pecten fumatus, at 2000 tonnes (whole weight) and for the Doughboy Scallop, Chlamys (Mimachlamys) asperrimus, at 100 tonnes (whole weight). It is pertinent to entities and persons involved in the scallop fishery within the specified geographic area of the Bass Strait Central Zone, which includes the Commonwealth waters of Australia. The determination is subject to the provisions of the Bass Strait Central Zone Scallop Fishery Management Plan 2002, which mandates that the Australian Fisheries Management Authority (AFMA) must consult with the Scallop Management Advisory Committee and consider their views before setting the TAC. The regulation does not extend to any exclusions, exemptions, or thresholds beyond what is stipulated within the Plan and the Fishery's Harvest Strategy. The determination also reflects the consultation process with relevant groups and the advice from the Office of Best Practice Regulation that a Regulation Impact Statement was not required.
Key Provisions
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2011 (subsection 17(5) of the Fisheries Management Act 1991) sets the total allowable catch (TAC) for the 2011 fishing year. Specifically, the TAC for the Commercial Scallop, Pecten fumatus, is set at 2000 tonnes (whole weight), and for the Doughboy Scallop, Chlamys (Mimachlamys) asperrimus, it is set at 100 tonnes (whole weight). These figures align with the Harvest Strategy for the Bass Strait Central Zone Scallop Fishery, which mandates a zero TAC unless survey data indicate sufficient biomass for harvest. The 2010 and 2011 surveys confirmed that the scallop stocks were adequate to allow fishing to commence in 2011.
The Australian Fisheries Management Authority (AFMA) has several obligations under the Act. AFMA is required to determine the TAC for each species of scallop before the start of each fishing season, and this must be done in consultation with the Scallop Management Advisory Committee (ScallopMAC) and may also consider the views of other interested parties (subsection 27(3) of the Bass Strait Central Zone Scallop Fishery Management Plan 2002). For the 2011 fishing year, AFMA consulted with the Scallop Resource Assessment Group and ScallopMAC to inform the TAC determination, reflecting their recommendations in the final figures.
Under the Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2011, there are potential consequences for non-compliance with the specified TACs. While the determination itself does not explicitly detail offences or penalties, violations of the broader Fisheries Management Act 1991 can lead to significant civil and criminal penalties. For example, exceeding the TAC can result in hefty fines and imprisonment, reflecting the seriousness with which the Act treats the management of fishery resources. The specific penalties can vary depending on the severity and circumstances of the breach, but they are designed to enforce compliance with fishery management plans and regulations.