EXPLANATORY STATEMENT
Issued by authority 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 2026
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 achieved.
In accordance with paragraph 17(6)(aa) of the Act, the plan of management provides 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 Management 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 season.
The Bass Strait Central Zone Scallop Fishery (Total Allowable Catch) Determination 2026 (the Determination) is a legislative instrument for the purposes of the Legislation Act 2003 (see subsection 17(6B) of the Act).
Purpose
This Determination sets the TAC for each species of scallop in the Management Plan for the 2026 fishing season in the Bass Strait Central Zone Scallop Fishery (the Fishery). The TAC for the commercial scallop (Pecten fumatus) is determined to be 150 tonnes (whole weight including shells) and the doughboy scallop (Chlamys (Mimachlamys) asperrimus) is determined to be 100 tonnes (whole weight including shells) for the 2026 fishing season.
The TACs are consistent with the Harvest Strategy for the Bass Strait Central Zone Scallop Fishery which sets a default TAC for circumstances in which no pre-season biomass survey has been undertaken.
The 2026 fishing season dates (1 June 2026 to 31 December 2026) are being determined by AFMA at the same time as the making of this Determination (see the Bass Strait Central Zone Scallop Fishery (Fishing Season) Determination 2026.
Background
The Fishery lies in the Bass Strait North of the State of Tasmania and extends from the Victoria- New South Wales border to the Victoria- South Australian border, typically outside 20 nautical miles of the Tasmanian and Victorian coastlines.
The fishery is managed 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 season. The target species in the Fishery is the commercial scallop (Pecten fumatus) and is primarily caught for the Australian domestic market. The doughboy scallop (Chlamys (Mimachlamys) asperrimus) is common throughout the Bass Strait but rarely retained.
The Harvest Strategy for the Fishery contains measures for setting a commercial scallop TAC based on either i) closing areas of the Fishery following research surveys to determine biomass estimates or ii) setting a default TAC of 150 tonnes if no research survey has been conducted (such is the case in 2026).[1] These measures aim to ensure commercial scallop beds of sufficient size and density are maintained to provide for ongoing recruitment in the Fishery.
Consultation
Paragraph 27(3)(a) of the Management Plan provides that, before setting a TAC for a fishing season, AFMA must consult the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC) and consider its views. Under paragraph 27(3)(b), AFMA may also consider the views of other interested persons.
The Bass Strait Central Zone Scallop Fishery Resource Assessment Group (ScallopRAG) typically provides advice to AFMA regarding TACs for commercial scallop and doughboy scallop following the completion of a research survey to determine scallop biomass estimates. However, following consultation with industry, a decision was made not to conduct a research survey in 2026 meaning that the TACs for commercial scallop and doughboy scallop will be restricted to no more than 150 tonnes and 100 tonnes, respectively (consistent with the default settings in the Harvest Strategy for the Fishery). AFMA wrote to all Fishery concession holders seeking advice about whether to proceed with a biomass survey in December 2025 and again on the proposed catch limits for the 2026 season on 13 March 2026. AFMA then sought advice on the above TACs for the 2026 fishing season from ScallopMAC on 29 April 2026. The 2026 TACs for both species are consistent with the advice provided by ScallopMAC.
ScallopRAG is the research and scientific committee that contributes to the management of the Fishery and provides advice to ScallopMAC and AFMA. Industry, fishery scientists and economists are represented on ScallopRAG.
ScallopMAC provides management advice to AFMA for the Fishery. ScallopMAC’s advice is about efficient and cost-effective fisheries management, taking into account scientific advice. ScallopMAC receives advice from ScallopRAG and uses it to inform its recommendations. Similar to ScallopRAG, industry, state government, research, environment and other interests are represented on ScallopMAC.
Regulation impact statement
The Office of Impact Analysis does not require a Regulation Impact Statement for this determination, consistent with carve-out arrangements with AFMA for instruments of a minor or machinery nature such as the setting of a total allowable catch for a fishery (OIA23-06107).
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 AFMA’s assessment, this legislative instrument is compatible with human rights. A statement of compatibility is included at Attachment A.
Details of the Determination are set out below:
Section 1 | Provides that the name of the instrument is the Bass Strait Central Zone Scallop Fishery (Total Allowable Catch) Determination 2026. |
Section 2 | Provides that the Determination commences on 1 June 2026. |
Section 3 | Provides that the Determination ceases on 1 January 2027. |
Section 4 | Provides that the Determination is made under paragraph 17(6)(aa) of the Act for the purpose of section 27 of the Management Plan. |
Section 5 | Provides that any term that is defined in the Management Plan has the same meaning in the Determination. Relevantly, this includes ‘fishery’ and ‘fishing season’ as defined in section 3 of the Management Plan. The geographic area of the Fishery is prescribed in Schedule 1 to the Management Plan. |
Section 6 | Subsection 6(1) provides that section 6 applies to the 2026 fishing season in the Fishery commencing on 1 June 2026 (as ‘fishing season’ is defined in the Management Plan as the period determined by AFMA). Subsection 6(2) determines the TAC for the two target species in the Fishery, as prescribed by the Management Plan. The TAC for commercial scallops is 150 tonnes (see item 1 of the table) and for doughboy scallops is 100 tonnes (see item 2 of the table). As mentioned above, these TACs are being determined in accordance with the Fishery Harvest Strategy and consistent with advice received from the ScallopMAC. |
Attachment A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Bass Strait Central Zone Scallop Fishery (Total Allowable Catch) Determination 2026
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
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, among 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 Management 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 season.
The Bass Strait Central Zone Scallop Fishery (Total Allowable Catch) Determination 2026 (the Determination) sets the TAC for the commercial scallop, Pecten fumatus, at 150 tonnes (whole weight including shells) and for the doughboy scallop, Chlamys (Mimachlamys) asperrimus, at 100 tonnes (whole weight including shells) for the 2026 fishing season.
The TACs prescribed are consistent with the Harvest Strategy for the Bass Strait Central Zone Scallop Fishery (the Fishery), which provides for a commercial scallop TAC of 150 tonnes and a doughboy scallop TAC of 100 tonnes to be set when no research survey (to estimate scallop biomass) has been undertaken.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
[1]This document is available to view free of charge on the AFMA’s website