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) 2015
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.
Section 28 of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Plan) provides that during a fishing year AFMA may vary the total allowable catch (TAC) for a species of scallop for the fishing year.
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination (No 2) 2015 (the Determination) sets the TAC for the Commercial Scallop, Pecten fumatus, at
2500 tonnes (whole weight) and Doughboy Scallop (Chlamys (Mimachlamys) asperrimus), at 100 tonnes (whole weight) for the 2015 fishing year.
The TAC prescribed is consistent with Tier 2 of the Harvest Strategy for the Bass Strait Central Zone Scallop Fishery (the Fishery), which provides that should 1600 tonnes of the 2001 tonne TAC set be caught during the season, the TAC will be increased to 2500 tonnes if required.
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 20 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 states that, before varying the total allowable catch for a species of scallop, AFMA must consult the ScallopMAC and consider their views. AFMA may also consider the views of other interested persons.
AFMA consulted with the Scallop Resource Assessment Group and ScallopMAC on increasing the TAC to 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 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 (No 2) 2015. |
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 is repealed on 31 December 2015 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 2015 fishing year. |
Clause 6 | Provides that the Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2015 is revoked from the commencement of the Determination.
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