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 2014
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 2014 (the Determination) sets the TAC for the Commercial Scallop, Pecten fumatus, at
150 tonnes (whole weight) and for the Doughboy Scallop, Chlamys (Mimachlamys) asperrimus, at 100 tonnes (whole weight) for the 2014 fishing year.
The TACs prescribed are consistent with the hybrid Harvest Strategy for the Bass Strait Central Zone Scallop Fishery (the Fishery), which provides that a TAC of 150 tonnes be set at the commencement of the season to allow concession holders to search for and locate commercially viable scallop beds. The TAC may be increased if a survey identifies a scallop bed of at least 1500 tonnes of high density adult scallops.
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 on the development of the hybrid Harvest Strategy and proposed TACs out of session on 4 April 2014. AFMA consulted with the ScallopMAC on the development of the hybrid Harvest Strategy and the TACs for the 2014 fishing year out of session on 7 April 2014.
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 2014. |
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 2014 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 2014 fishing year. |
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Overview
The Fisheries Management Act 1991, enacted by the Commonwealth Parliament, was introduced to address the need for effective management and conservation of Australia's fisheries resources. One of the key provisions of this Act is the requirement for the development of management plans that set clear objectives and measures to achieve sustainable fishing practices. As part of this legislative framework, the Bass Strait Central Zone Scallop Fishery Management Plan 2002 was established to specifically manage the scallop fisheries in the designated area. To operationalise this plan, the Australian Fisheries Management Authority (AFMA) is tasked with determining the Total Allowable Catch (TAC) for each scallop species annually, ensuring that fishing activities remain within sustainable limits. The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2014, made under the authority of Subsection 17(5) of the Fisheries Management Act 1991, sets the TAC for the Commercial Scallop and Doughboy Scallop for the 2014 fishing year, reflecting the hybrid Harvest Strategy aimed at balancing conservation needs with commercial viability.
Scope and Application
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2014 applies to the management of the scallop fishery in the Bass Strait Central Zone, encompassing the waters above the state of Tasmania and extending from the Victoria/New South Wales border to the Victoria/South Australian border. It applies to entities involved in the commercial harvesting of scallops within this area, including fishing vessels and concession holders who hold transferable quotas. The Determination sets specific total allowable catches (TAC) for two scallop species, the Commercial Scallop (Pecten fumatus) and the Doughboy Scallop (Chlamys (Mimachlamys) asperrimus), for the 2014 fishing year at 150 tonnes and 100 tonnes respectively, whole weight. The Australian Fisheries Management Authority (AFMA) must consult with the Scallop Management Advisory Committee and consider their views before setting the TAC, in accordance with the Bass Strait Central Zone Scallop Fishery Management Plan 2002. The Determination is effective from the day after its registration on the Federal Register of Legislative Instruments and ceases to have effect on 31 December 2014, unless earlier revoked.
Key Provisions
The main operative sections of this legislation, including the Bass Strait Central Zone Scallop Fishery Management Plan 2002 and the Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2014, establish the framework for managing the scallop fishery in the Bass Strait. Section 27(1) of the Plan mandates that the Australian Fisheries Management Authority (AFMA) must determine the total allowable catch (TAC) for each species of scallop prior to the start of the fishing season. The Determination sets the TAC for the Commercial Scallop at 150 tonnes and for the Doughboy Scallop at 100 tonnes for the 2014 fishing year. This TAC is set in accordance with the hybrid Harvest Strategy for the fishery, which allows for an increase if a survey identifies a scallop bed of at least 1500 tonnes of high-density adult scallops. Furthermore, section 17(5) and (6) of the Fisheries Management Act 1991 empower AFMA to set fishing capacity and determine the TAC, respectively, as part of the management objectives and measures.
The legislation imposes several obligations on AFMA and other relevant parties. AFMA must consult with the Scallop Management Advisory Committee (ScallopMAC) and consider their views before setting the TAC for the fishing year, as outlined in section 27(3) of the Plan. AFMA is also permitted to consider the views of other interested parties. Additionally, AFMA must ensure that the TACs set align with the objectives of the hybrid Harvest Strategy and are consistent with the conservation and sustainable use of the fishery resources. This involves rigorous assessment and consultation processes to balance ecological sustainability with economic viability.
Breach of the provisions in this legislation may result in civil or criminal penalties. While specific penalties are not detailed in the text, the nature of the regulatory framework implies that failure to comply with the TACs or management plans could result in fines or other sanctions. Additionally, AFMA's failure to consult with the ScallopMAC or other relevant stakeholders could lead to legal challenges regarding the validity of the TAC determinations. The determinations are made under the authority of the Fisheries Management Act 1991, which provides a basis for enforcement actions against non-compliance. The determinations are also legislative instruments under the Legislative Instruments Act 2003, which further underscores the legal obligation to adhere to the specified TACs and management measures.