EXPLANATORY STATEMENT
Fisheries Management Act 1991
Heard Island and McDonald Islands Fishery Management Plan 2002
HIMIF 2010/2011 TAC D9 Determination
The purpose of HIMIF 2010/2011 TAC D9 Determination is to determine 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 2010/2011 season. The target species are Patagonian Toothfish and Mackerel Icefish.
Section 17 of the Fisheries Management Act 1991 (the Act) provides for the Australian Fisheries Management Authority to determine plans of management for a fishery.
Paragraph 17(6)(aa) of the Act provides that a plan of management may determine, or provide for AFMA to determine, the fishing capacity for a fishery measured by that method or those methods permitted for the fishery or a part of the fishery in respect of a particular period or periods.
Background
Heard Island and McDonald Islands are external territories of Australia located in the Southern Indian Ocean about 4,000 km south-west of Perth. The islands lie within the Antarctic Convergence. The waters surrounding the islands out to 200 nautical miles are part of the Australian Fishing Zone which is managed by AFMA.
The Heard Island and McDonald Islands Fishery Management Plan 2002 (the Management Plan) provides that access to the HIMI Fishery is limited to those operators holding statutory fishing rights granted under the Management Plan.
SFRs granted 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.
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 the 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 SARAG and SouthMAC. SouthMAC and SARAG recommended to the AFMA Commission that the TACs and catch limits, which are adopted in this Determination, be approved. The approval was given by the AFMA Commission prior to the start of the season.
The TAC determined for the species Mackerel Icefish is significantly lower than that determined for the 2009/2010 season. This was expected and is consistent with the pattern of high recruitment variability seen in the stock previously. The TAC determined for Patagonian Toothfish and bycatch limits have not varied.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised AFMA that a Regulation Impact Statement was not required for the Determination on the basis that the Determination is of a minor or machinery nature that does not substantially alter existing arrangements (OBPR ID 12004).
Determination
Details of the Determination are set out below:
Clause 1 | provides for the Determination to be cited as the HIMIF 2010/2011 TAC D9 Determination. |
Clause 2 | provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments. |
Clause 3 | defines the particular terms used in the Determination. |
Clause 4 | specifies the total allowable catch for target species and catch limits for bycatch species in the HIMI Fishery for the 2010/2011 season. |
Overview
The HIMIF 2010/2011 TAC D9 Determination was introduced under the Fisheries Management Act 1991 with the primary purpose of setting 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 2010/2011 season. This determination was made by the Australian Fisheries Management Authority (AFMA) and is aimed at ensuring sustainable fishing practices in the HIMI Fishery, focusing on the target species Patagonian Toothfish and Mackerel Icefish. The decision to set these limits was influenced by recommendations from the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC), who reviewed the TACs and catch limits prescribed by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR). The HIMIF 2010/2011 TAC D9 Determination reflects a significant reduction in the TAC for Mackerel Icefish compared to the previous season, aligning with observed patterns of recruitment variability, while maintaining the TAC for Patagonian Toothfish and bycatch limits unchanged.
Scope and Application
The HIMIF 2010/2011 TAC D9 Determination, established under the Fisheries Management Act 1991, specifically pertains to the management and regulation of the fishing activities within the Heard Island and McDonald Islands (HIMI) Fishery for the 2010/2011 season. This determination applies to individuals and entities holding statutory fishing rights under the Heard Island and McDonald Islands Fishery Management Plan 2002. It sets the total allowable catch (TAC) for the target species, Patagonian Toothfish and Mackerel Icefish, as well as the catch limits for bycatch species. The jurisdictional reach of this legislation is confined to the Australian Fishing Zone, extending up to 200 nautical miles from the islands, which are external territories of Australia located in the Southern Indian Ocean. The legislation does not specify any exclusions or exemptions, but it mandates consultation with relevant advisory groups such as the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) in determining the TACs and catch limits. The application of the Act may also be extended or modified through subordinate instruments as required by the Australian Fisheries Management Authority (AFMA).
Key Provisions
The HIMIF 2010/2011 TAC D9 Determination, under Section 11 of the Fisheries Management Act 1991, sets the total allowable catch (TAC) for the target species Patagonian Toothfish and Mackerel Icefish, as well as catch limits for bycatch species, for the 2010/2011 fishing season. This determination is made in accordance with the Heard Island and McDonald Islands Fishery Management Plan 2002. The target species for this determination are explicitly Patagonian Toothfish and Mackerel Icefish, and the regulations specify the quantity that can be legally fished for each species. These catch limits are designed to ensure sustainable fishing practices within the Australian Fishing Zone around these islands.
Entities governed by the Act must adhere to the specified TAC and catch limits as outlined in the HIMIF 2010/2011 TAC D9 Determination. Operators holding statutory fishing rights must ensure that their activities do not exceed the prescribed catch limits for the season. This includes compliance with the requirement to hold at least 25.5% of the total statutory fishing rights for a species to participate in the fishery. The Management Plan also mandates that operators must follow the methods permitted for measuring fishing capacity and abide by the rules governing the allocation of fishing rights for each species.
Failure to comply with the provisions of the HIMIF 2010/2011 TAC D9 Determination can lead to significant consequences. The Act outlines various offences related to exceeding the specified catch limits or engaging in unauthorised fishing activities. Penalties for breaches can include substantial fines and, in severe cases, criminal charges. The exact penalties are not specified in the explanatory statement but are generally aligned with the severity of the offence under the Fisheries Management Act 1991. Such non-compliance not only risks financial penalties but can also result in the suspension or revocation of fishing rights, thereby affecting the operator's ability to fish in the HIMI Fishery in future seasons.