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 3) 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 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 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 for a species of scallop for the fishing year.
The Bass Strait Central Zone Scallop Fishery Total Allowable Catch Determination 2014 (No 3) (the Determination) sets the TAC for the Commercial Scallop, Pecten fumatus, at
1500 tonnes (whole weight) and Doughboy Scallop (Chlamys (Mimachlamys) asperrimus), at 100 tonnes (whole weight) for the 2014 fishing year.
The TAC determined is consistent with Tier 1 of the Harvest Strategy for the Bass Strait Central Zone Scallop Fishery (the Fishery), which provides that should 800 tonnes of the 1000 tonne TAC set be caught during the season the TAC will be increased to 1500 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 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
Section 28(3) of the Plan states that, before varying the total allowable catch for a species of scallop, AFMA must consult the Scallop management Advisory Committee (ScallopMAC) and consider their views.
AFMA consulted with the Scallop Resource Assessment Group and ScallopMAC on increasing the TAC to 1500 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 dated 30th June 2014 to cover specific regulatory changes deemed to be of a minor or machinery nature, which includes the setting of TAC’s 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 3) 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 total allowable catch (TAC) for each species in the Fishery for the 2014 fishing year. |
Clause 6 | Revokes the previous determination of the TAC made on 5th August 2014 (F2014L01080) |
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 (No 3) 2014
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 28 (1) of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Plan) provides that 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 3) 2014 (the Determination) varies the TAC for the Commercial Scallop, Pecten fumatus, to 1500 tonnes (whole weight) from the current 1000 tonnes (whole weight) for the 2014 fishing year and maintains the TAC for Doughboy Scallop (Chlamys (Mimachlamys) asperrimus) at 100 tonnes (whole weight).
The TAC increase is consistent with the requirements of Tier 1 of the Harvest Strategy for the Bass Strait Central Zone Scallop Fishery (the Fishery), which provides that should 800 tonnes of the 1000 tonne TAC set be caught during the season the TAC will be increased to 1500 tonnes.
Subsection 28(3) of the Plan provides that, before varying the TAC for a species of scallop fishing, 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 both the Scallop Resource Assessment Group and ScallopMAC on increasing the TAC to 1500 tonnes via teleconferences on 24 July 2014.
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. The AFMA Commission is satisfied that the instrument is consistent with AFMA’s obligation to pursue its statutory objectives. The instrument is machinery in nature and sets the catch limits for quota species in the fishery thereby allowing statutory fishing right holders the ability to take a proportion of that total allowable catch for the 2014 fishing season.