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 2013
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 Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2013 (the Determination) sets the TAC for the Commercial Scallop, Pecten fumatus, at
1500 tonnes (whole weight) and for the Doughboy Scallop, Chlamys (Mimachlamys) asperrimus, at 100 tonnes (whole weight) for the 2013 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 May and June 2013 indicated that scallop stocks were sufficient to commence fishing in 2013.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Fishery
The Fishery lies in the Bass Strait above the State of Tasmania and extends from the Victoria/New South Wales border, typically outside 3 nautical miles, around southern Australia to the Victoria/South Australian border.
Management in the Fishery is through a combination of input and output controls in the form of individually transferable quotas with a TAC determined for each quota species for each fishing year. The main target species in the Fishery is the Commercial Scallop (Pecten fumatus). The Doughboy Scallop (Chlamys (Mimachlamys) asperrimus) is common throughout the Bass Strait however it is rarely retained. The target species are caught primarily for the domestic market.
Consultation
Subsection 27(3) of the Plan provides that, before setting a TAC for a fishing year, AFMA must consult the 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 out of session during July 2013.
AFMA consulted with the ScallopMAC on 10 July 2013. The TACs for the 2013 fishing year reflect the recommendations from this meeting.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
AFMA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached as a supporting document.
Details of the Determination are set out below:
Clause 1 | Provides for the Determination to be cited as the Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2013. |
Clause 2 | Provides that the Determination commences on the day after registration on the Federal Register of Legislative Instruments. |
Clause 3 | Provides that the Determination ceases to have effect as if repealed on 31 December 2013 unless earlier revoked. |
Clause 4 | Provides that a term used in the Determination and in the Plan or Act has the same meaning in the Determination as in the Plan or Act. |
Clause 5 | Determines the total allowable catch (TAC) for each species in the Fishery for the 2013 fishing year. |
| |
Overview
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2013 was enacted to address the need for specific regulations governing the total allowable catch of scallops in the Bass Strait Central Zone for the 2013 fishing year, as required under the Fisheries Management Act 1991. This legislation was introduced to ensure that the fishery management adheres to the provisions set forth in the Bass Strait Central Zone Scallop Fishery Management Plan 2002. The Australian Fisheries Management Authority (AFMA), established under the Fisheries Management Act 1991, was tasked with determining the TAC for the fishery. The policy objective is to manage the fishery sustainably by setting the TAC based on adequate biomass surveys, ensuring the long-term viability of scallop stocks in the Bass Strait. The Determination sets the TAC for the Commercial Scallop at 1500 tonnes and for the Doughboy Scallop at 100 tonnes for the 2013 fishing year, reflecting the recommendations from consultations with the Scallop Management Advisory Committee.
Scope and Application
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2013 applies to the management of the scallop fishery within the Bass Strait Central Zone, which lies above the state of Tasmania and stretches from the Victoria/New South Wales border around southern Australia to the Victoria/South Australian border. This legislation specifically governs the fishing activities and quotas for the fishery, which includes two main target species: the Commercial Scallop (Pecten fumatus) and the Doughboy Scallop (Chlamys (Mimachlamys) asperrimus). The Australian Fisheries Management Authority (AFMA) is responsible for determining the Total Allowable Catch (TAC) for each species annually, as mandated under the Fisheries Management Act 1991 and the Bass Strait Central Zone Scallop Fishery Management Plan 2002. The determination of TAC is informed by consultations with the Scallop Management Advisory Committee and is consistent with the fishery's Harvest Strategy. The TAC for the 2013 fishing year was set at 1500 tonnes for the Commercial Scallop and 100 tonnes for the Doughboy Scallop, based on biomass surveys indicating sufficient stocks for fishing. The Determination is a legislative instrument that comes into effect on the day after registration on the Federal Register of Legislative Instruments and ceases to have effect on 31 December 2013 unless earlier revoked.
Key Provisions
The main provisions of the Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2013 (Clauses 1 to 5) establish the legal framework for determining the total allowable catch (TAC) for the 2013 fishing year in the Bass Strait Central Zone Scallop Fishery. Clause 1 provides the title of the Determination, Clause 2 states that it comes into effect the day after its registration on the Federal Register of Legislative Instruments, Clause 3 specifies that it ceases to have effect on 31 December 2013 unless earlier revoked, Clause 4 ensures consistency in the interpretation of terms used in the Determination, the Plan, and the Fisheries Management Act 1991, and Clause 5 sets the specific TACs for the 2013 fishing year.
The obligations and requirements imposed by this legislation on the Australian Fisheries Management Authority (AFMA) include determining the TAC for each scallop species in the fishery for each fishing year (subsection 27(1) of the Plan). This involves conducting necessary surveys to assess scallop stock levels and consulting with the Scallop Management Advisory Committee (ScallopMAC) (subsection 27(3) of the Plan). The determinations made must align with the Harvest Strategy for the Fishery, which dictates that a zero TAC should be set unless adequate biomass is indicated by the surveys. The TACs must also be consistent with the recommendations from ScallopMAC, reflecting their views and considerations.
The Determination outlines potential consequences for non-compliance. Although specific penalties are not detailed within the text, breaches of provisions under the Fisheries Management Act 1991 may lead to legal actions, including fines or imprisonment, as per the general provisions of the Act. The determination of TACs and the processes involved are crucial for maintaining sustainable fishing practices and ensuring that the fishery operates within its ecological limits. The regulatory framework is designed to prevent overfishing and to protect the long-term viability of scallop stocks in the Bass Strait.