Overview

The HIMIF 2009/2010 TAC D8 Determination, enacted as part of the Fisheries Management Act 1991, was introduced to address the need for setting specific total allowable catches (TAC) and catch limits for target and bycatch species within the Heard Island and McDonald Islands (HIMI) Fishery for the 2009/2010 fishing season. The Australian Fisheries Management Authority (AFMA) is tasked with determining these figures in accordance with the provisions of the Management Plan and following consultations with relevant advisory bodies, such as the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC). The policy objective is to manage the fishery sustainably while considering scientific advice and stakeholder input. This Determination sets out the legal framework for the operation of the fishery for that particular season, ensuring that fishing activities are conducted within the prescribed limits to support the conservation and sustainable use of marine resources.

Scope and Application

The HIMIF 2009/2010 TAC D8 Determination applies to individuals and entities holding statutory fishing rights (SFRs) for the Heard Island and McDonald Islands (HIMI) Fishery. Specifically, it governs those who intend to fish for the target species of Patagonian Toothfish and Mackerel Icefish during the 2009/2010 fishing year, which is defined as a 12-month period beginning on 1 December 2009. This determination is made under the authority of the Fisheries Management Act 1991, and its purpose is to set the total allowable catch (TAC) for these target species and to establish catch limits for bycatch species within the HIMI Fishery for the specified season. It operates within the Commonwealth jurisdiction, as the HIMI Fishery falls under federal control, and is subject to consultation and review processes involving the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC). The determination does not require a Regulation Impact Statement as it is considered of a minor or machinery nature and does not substantially alter existing arrangements.

Key Provisions

The HIMIF 2009/2010 TAC D8 Determination outlines the Total Allowable Catch (TAC) for target species and catch limits for bycatch species within the Heard Island and McDonald Islands (HIMI) Fishery for the 2009/2010 season. This determination is made pursuant to the Fisheries Management Act 1991 (section 17(6)(aa)), which allows the Australian Fisheries Management Authority (AFMA) to set the TAC and catch limits for a particular fishing period. The target species specified in this determination are Patagonian Toothfish and Mackerel Icefish. The determination follows the procedures outlined in the Heard Island and McDonald Islands Fishery Management Plan 2002, which mandates that AFMA must determine these figures before the start of each fishing year (section 11). The obligations imposed by this determination include the requirement for individuals or entities intending to fish in the HIMI Fishery to hold statutory fishing rights (SFRs). To be eligible to fish, one must hold at least 25.5% of the total SFRs available for a given species and fishing year. The weight allocated to each SFR is calculated by dividing the TAC for the species by the total number of SFRs in force at the beginning of the fishing year. Additionally, the determination requires consultation with the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) in accordance with section 11 of the Management Plan. These groups were instrumental in reviewing and recommending the TACs and catch limits, which were subsequently approved by the AFMA Commission. Failure to comply with the provisions set out in the HIMIF 2009/2010 TAC D8 Determination may result in legal consequences. Under the Fisheries Management Act 1991, penalties for non-compliance can include fines and imprisonment. The exact penalties depend on the nature and severity of the breach but may be substantial under Australian law. The determination itself does not specify particular penalties, but the overarching act provides a framework for enforcement actions. Additionally, any person found to be in breach of the Management Plan or this determination may face civil or administrative penalties, which can include fines and the revocation of fishing licenses. The overarching objective is to ensure sustainable fishing practices and adherence to the prescribed limits to protect marine resources in the HIMI region.