EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
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 No. 2 2012
Section 17 of the Fisheries Management Act 1991 (the Act) provides for the Australian Fisheries Management Authority (the Authority) to determine plans of management for a fishery.
Paragraph (aa) of subsection 17(6) of the Act provides that a plan of management may determine, or provide for the Authority to determine, the fishing capacity, for a fishery measured by that method or those methods, 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 No. 2 2012 (the Determination) determines the TAC for each species for the 2012 fishing year. The Determination revokes the previous TAC Determination and reduces the amount of Commercial Scallops that may be taken for the 2012 fishing year by 500 tonnes. This reduction is necessary due to data received from pre season surveys of the Bass Strait Central Zone Scallop Fishery (the Fishery).
The TACs determined are consistent with the Harvest Strategy for the Fishery, which provides that a zero TAC is to be set unless surveys of the Fishery indicate adequate biomass is available for harvest. Surveys conducted during 2011 and 2012 indicated that scallop stocks were sufficient to commence fishing in 2012.
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 with the Scallop Resource Assessment Group (RAG) and with the ScallopMAC during July 2012.
The recommended TAC for each quota species for the Fishery for the 2012 year were then sent to the Authority’s Commission for determination along with all comments from ScallopMac and the RAG.
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
The Authority assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. The Authority’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 No. 2 2012. |
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 January 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 2012 fishing year. |
Clause 6 | Provides for the revocation of the Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2012. |
Overview
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination No. 2 2012, issued under the authority of the Australian Fisheries Management Authority and in accordance with the Fisheries Management Act 1991, addresses the need to set an appropriate total allowable catch (TAC) for the scallop fishery within the Bass Strait for the 2012 fishing year. This legislative instrument was enacted to provide a clear and scientifically-backed framework for managing the fishery sustainably, ensuring that the allowable catch aligns with the fishery's harvest strategy and available data on scallop stocks. The Authority's responsibility to determine the TAC, as outlined in the Act, is exercised through this Determination, which reflects the results of preseason surveys and is consistent with the established Harvest Strategy. The reduction in the TAC by 500 tonnes for the 2012 fishing year is a direct response to the data indicating that scallop stocks were sufficient for fishing to commence, while also adhering to the zero TAC policy unless adequate biomass is confirmed. This Determination, revoking the previous TAC Determination, aims to balance the economic interests of the fishery with the ecological sustainability of the scallop population.
Scope and Application
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination No. 2 2012 applies to the management and regulation of the scallop fishery in the Bass Strait Central Zone, specifically targeting the Commercial Scallop (Pecten fumatus) and the Doughboy Scallop (Chlamys (Mimachlamys) asperrimus). The Act applies to the Australian Fisheries Management Authority, which is responsible for determining the total allowable catch (TAC) for each species of scallop in the fishery for each fishing year. This legislative instrument operates within the Commonwealth jurisdiction and affects all entities engaged in the scallop fishery within the specified geographic area of the Bass Strait above the state of Tasmania, extending from the Victoria/New South Wales border to the Victoria/South Australian border. The Determination revokes the previous TAC Determination and reduces the TAC for the 2012 fishing year by 500 tonnes, reflecting data from preseason surveys. This management plan is consistent with the Harvest Strategy for the Fishery, which sets a zero TAC unless surveys indicate adequate biomass for harvest. The Authority consults with relevant advisory committees and considers their views before setting the TAC. The Determination is considered a minor regulatory change and does not require a Regulation Impact Statement.
Key Provisions
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination No. 2 2012 (Determination) sets the total allowable catch (TAC) for each species of scallop for the 2012 fishing year, in accordance with section 17(6) of the Fisheries Management Act 1991 (the Act) and subsection 27(1) of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Plan). This Determination reduces the allowable catch of Commercial Scallops by 500 tonnes, as necessitated by the data from pre-season surveys. This decision aligns with the Harvest Strategy for the Fishery, which stipulates a zero TAC unless surveys indicate sufficient biomass for harvest (Clause 5).
Under the Determination, the Australian Fisheries Management Authority (the Authority) is obligated to consult with the Scallop Management Advisory Committee (ScallopMAC) and consider their views before setting the TAC for a fishing year. The Authority may also consider the views of other interested parties (subsection 27(3) of the Plan). The Authority consulted with the Scallop Resource Assessment Group (RAG) and ScallopMAC during July 2012, and the recommended TACs were sent to the Authority’s Commission for final determination (Clause 2). Additionally, the Authority has assessed that this legislative instrument is compatible with human rights, as required under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The Determination outlines specific obligations for the parties it governs, primarily stipulating that the Authority must establish the TAC for each scallop species in the Fishery for the 2012 fishing year, based on pre-season survey data and in consultation with relevant advisory committees. It also mandates the revocation of the previous TAC Determination, ensuring that only the current Determination governs the allowable catch for the specified period (Clause 6). Failure to adhere to these provisions may lead to regulatory consequences, although the specific penalties are not detailed in the Determination.
While the Determination itself does not explicitly outline penalties for non-compliance, breaches of the Act or the Plan, of which the Determination is a part, may result in civil or criminal penalties. The Act provides for offences and penalties for various contraventions, including unauthorised fishing, exceeding quotas, and other regulatory breaches. The specific penalties can vary depending on the severity of the breach and are not detailed within this Determination but are governed by the overarching legislative framework provided by the Fisheries Management Act 1991.