EXPLANATORY STATEMENT

Issued by the Australian Fisheries Management Authority

Fisheries Management Act 1991

Heard Island and McDonald Islands Fishery Management Plan 2002

Determination No. HIMIF TAC D4

Total Allowable Catch Determination - 2005/2006 Season

Subsection 17(6)(aa) of the Fisheries Management Act 1991 (the Management Act) provides that a plan of management made under the Management Act may provide for the Australian Fisheries Management Authority (AFMA) to determine the fishing capacity permitted for the Fishery, in respect of a particular period or periods.

The Fishery

The Heard Island and McDonald Islands Fishery Management Plan 2002 (the HIMI Plan) provides for the grant of statutory fishing rights (SFRs) as the vehicle for access to the Heard Island and McDonald Islands Fishery (the Fishery). Under the HIMI Plan, a person must hold at least 25.5% of the SFRs to fish in the Fishery. The quota allocated to a SFR for each target species and fishing year is worked out by dividing the total allowable catch 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 HIMI Plan provides for AFMA to determine the total allowable catch before the beginning of each fishing year, for each species of fish for the fishing year.

Advice was received from the Australian Government Solicitor that the current wording of the HIMI Plan only allows AFMA to determine total allowable catches for target species. Patagonian toothfish (Dissostichus eleginoides) and mackerel icefish (Champsocephalus gunnari) are the target species defined under Schedule 2 of the HIMI Plan. A Temporary Order, effective from 25 November 2005 to 25 May 2006, was signed by the Managing Director on 25 November 2005 to allow AFMA to determine catch limits for bycatch species.

Fishing year is defined in the plan as a period of 12 months beginning on 1 December in any year.

Regulation Impact Statement

The office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement is not required for the setting of the 2005-06 total allowable catches (ORR ID 7815).

Consultation

The setting of total allowable catches is made in agreement with the Commission for the Conservation of Antarctic marine Living Resources (CCAMLR). This is an international Commission comprising 24 member countries, including Australia. The total allowable catch levels have also been endorsed by the Sub-Antarctic Resource Assessment Group (SARAG), the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the AFMA board.