EXPLANATORY STATEMENT
Fisheries Management Act 1991
Heard Island and McDonald Islands Fishery Management Plan 2002
HIMIF 2007/2008 TAC D6 Determination
Total Allowable Catch Determination - 2007/2008 Season
The purpose of HIMIF 2007/2008 TAC D6 Determination is to determine the total allowable catches (TACs) for target species and catch limits for bycatch species within the Heard Island and McDonald Islands (HIMI) Fishery for the 2007/2008 season. The target species are Patagonian toothfish and mackerel icefish.
Subsection 17(6)(aa) of the Fisheries Management Act 1991 (the Management Act) provides for the Australian Fisheries Management Authority (AFMA) to determine, under the management plan for a fishery, the fishing capacity permitted for a Fishery, in respect of a particular period or periods.
Background
The Heard Island and McDonald Islands Fishery Management Plan 2002 (the Management Plan) provides for the grant of statutory fishing rights (SFRs) as the vehicle for access to the HIMI Fishery.
SFRs issued under the Management Plan allow a quantity of Patagonian toothfish or mackerel icefish to be taken in the HIMI Fishery. Under the Management Plan, a person must hold at least 25.5% of the total SFRs to fish in the HIMI Fishery. The weight allocated to an SFR for each target species and fishing year is worked out by dividing the TAC for the species in the fishing year by the total number of SFRs in force for the species at the start of the fishing year.
Section 11 of the Management Plan provides for AFMA to determine the TAC and catch limits before the beginning of each fishing year, for each species of fish for the fishing year.
Fishing year is defined in the Management Plan as a period of 12 months beginning on 1 December in any year.
Objectives
To determine the TACs for target species and catch limits for bycatch species within the HIMI Fishery for the 2007/2008 fishing season.
Consultation
Section 11 of the Management Plan outlines the procedures for determining the TACs and catch limits, in particular the requirement to consult and consider the view of Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC).
The Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) prescribed the TACs and catch limits which were reviewed by the SARAG and SouthMAC. SouthMAC and SARAG recommended to the AFMA Board that the TACs and catch limits, which are adopted in this Determination, be approved. The approval was given by the AFMA Board prior to the start of the season.
Regulation Impact Statement
A Regulation Impact Statement is not required on the basis that the Determination is of a minor or machinery nature that does not substantially alter existing arrangements. This assessment was made by AFMA based on previous advice from the Office of Best Practice Regulation.
Determination
Details of the Determination are set out below:
Paragraph 1
Paragraph 1 provides for the Determination to be cited as HIMIF 2007/2008 TAC D6 Determination.
Paragraph 2
Paragraph 2 provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
Paragraph 3
Paragraph 3 states the persons to whom the Determination applies.
Paragraph 4
Paragraph 4 defines the particular terms used in the Determination.
Paragraph 5
Paragraph 5 specifies the total allowable catches for target species and catch limits for bycatch species in the HIMI Fishery for the 2007/2008 season.
Overview
The HIMIF 2007/2008 TAC D6 Determination, enacted under the Fisheries Management Act 1991, is designed to establish the total allowable catches (TACs) for target species and catch limits for bycatch species within the Heard Island and McDonald Islands (HIMI) Fishery for the 2007/2008 season. This determination addresses the need for precise regulation of fishing activities in the HIMI Fishery to ensure sustainable management and conservation of marine resources. The Australian Fisheries Management Authority (AFMA) is the enacting body responsible for determining these limits under the HIMI Fishery Management Plan 2002. The policy objective of this determination is to set specific TACs for Patagonian toothfish and mackerel icefish while also establishing catch limits for bycatch species, ensuring the fishery is managed in a manner that aligns with conservation goals and stakeholder interests. The process involves consultation with the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) to gather expert recommendations, which are then reviewed and approved by the AFMA Board.
Scope and Application
The HIMIF 2007/2008 TAC D6 Determination under the Fisheries Management Act 1991 is specifically designed to regulate the fishing activities within the Heard Island and McDonald Islands (HIMI) Fishery for the 2007/2008 season. This determination applies to any person or entity holding statutory fishing rights (SFRs) for the HIMI Fishery, which necessitates that they adhere to the total allowable catches (TACs) for the target species, namely Patagonian toothfish and mackerel icefish, as well as the catch limits for bycatch species. The application of the Determination is confined to the Commonwealth jurisdiction, specifically governed by the Australian Fisheries Management Authority (AFMA). It is pertinent to note that the Determination does not require a Regulation Impact Statement as it is deemed to be of a minor or machinery nature, not substantially altering existing arrangements. The Determination incorporates consultation processes with relevant groups such as the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC), ensuring that the TACs and catch limits are reviewed and recommended by these groups prior to approval by the AFMA Board.
Key Provisions
The HIMIF 2007/2008 TAC D6 Determination sets out the total allowable catches (TACs) for target species and catch limits for bycatch species within the Heard Island and McDonald Islands (HIMI) Fishery for the 2007/2008 season. This Determination, pursuant to the Fisheries Management Act 1991 (section 17(6)(aa)), applies specifically to the Patagonian toothfish and mackerel icefish, which are the target species for the HIMI Fishery. The determination of these TACs and catch limits is a critical regulatory function, establishing the permissible amount of each species that can be harvested within the designated season.
The Determination imposes several obligations on parties and entities governed by the Management Plan. For instance, it mandates that the Australian Fisheries Management Authority (AFMA) consult with the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) when determining the TACs and catch limits. This ensures that the determinations are based on scientific and expert advice. Additionally, the Determination requires that any person or entity holding statutory fishing rights (SFRs) must adhere to the specified catch limits and ensure that their fishing activities do not exceed the allocated quantities for each species.
Non-compliance with the provisions of the HIMIF 2007/2008 TAC D6 Determination can result in significant legal consequences. Breaches of the TACs or catch limits may constitute an offence under the Fisheries Management Act 1991, potentially leading to civil or criminal penalties. For example, exceeding the specified TACs could result in fines and other penalties as outlined in the Act. The maximum penalties for such offences are detailed in the relevant sections of the Act, which may include substantial fines and, in severe cases, imprisonment. Enforcement actions are taken to ensure adherence to the regulations, thereby maintaining the sustainability and integrity of the HIMI Fishery.