EXPLANATORY STATEMENT
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 2017
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 (the Authority) 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, the Authority 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 2017 (the Determination) sets the TAC for the Commercial Scallop, Pecten fumatus, at 3000 tonnes (whole weight) and for the Doughboy Scallop, Chlamys (Mimachlamys) asperrimus, at 100 tonnes (whole weight) for the 2017 fishing year.
The TACs prescribed are consistent with the Harvest Strategy for the Bass Strait Central Zone Scallop Fishery (the Fishery), which provides for a TAC of at least 2000 tonnes to be set should a biomass estimate report illustrate that scallop bed(s) containing at least 3000 tonnes of scallops of a minimum size limit of 85 millimetres and high density be located and closed to fishing.
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, the Authority must consult the Scallop Management Advisory Committee (ScallopMAC) and consider their views. The Authority may also consider the views of other interested persons.
The Authority consulted on the proposed TACs for the 2017 fishing year with the Scallop Resource Assessment Group on 14 June 2017, and with the ScallopMAC on 15 June 2017. The advice provided by both ScallopRAG and ScallopMAC was consistent with the proposed TACs.
Regulation Impact Statement
The Office of Best Practice Regulation has provided a standing carve out to AFMA (OBPR No: 14421) recognising that setting TACs for a fishery is a machinery decision under current regulatory settings and follows established procedures.
The Office of Best Practice Regulation does not require a Regulatory Impact Statement for this determination consistent with the carve out arrangement with AFMA (OBPR reference 14421) for instruments of a minor or machinery nature and which specifically refers to Total Allowable Catch Determinations for a fishery.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
This legislative instrument does not infringe any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Accordingly, in the Authority’s assessment, this legislative instrument is compatible with human rights.
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 2017. |
Clause 2 | Provides that the Determination commences on the day after registration on the Federal Register of Legislation. |
Clause 3 | Provides that the Determination is repealed on 31 December 2017 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 2017 fishing year. |
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