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 (No 2) 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 (aa) of sub section 17(6) 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. Section 28 of the Plan enables this TAC to varied in certain circumstances. On 30th April 2014 a TAC of 150 tonnes of Commercial scallops and 100 tonnes of Doughboy scallops was set.
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2014 (No 2) (the Determination) sets a new TAC for the Commercial Scallop, (Pecten fumatus,) at 1000 tonnes (whole weight) and continues the TAC for Doughboy Scallop (Chlamys (Mimachlamys) asperrimus), at 100 tonnes (whole weight) for the 2014 fishing year.
The TAC prescribed is consistent with Tier 1 of the Harvest Strategy for the Bass Strait Central Zone Scallop Fishery (the Fishery), which provides that the TAC can be increased to 1000 tonnes if a survey identifies a scallop bed of at least 1500 tonnes of high density adult scallops. Under the Harvest Strategy the scallop bed identified must then be closed to fishing by a further Direction under s41A of the Act when the TAC is increased to 1000 tonnes.
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 28(3) of the Plan provides that, before varying 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 and Scallop Management Advisory Committee on both increasing the TAC to 1000 tonnes and closing an area to fishing containing a biomass estimate of 2500 tonnes.
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 updated on 30th June 2014 to cover specific routine regulatory changes deemed to be of a minor or machinery nature, which includes the setting of TACs for a fishery.
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 (No. 2)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 new total allowable catch for each species in the Fishery for the 2014 fishing year. |
Clause 6 | Revokes the previous TAC Determination Instrument made on 30th April 2014 (F2014L00511) |