Overview

The Fisheries Management Act 1991, enacted by the Commonwealth Parliament, establishes the framework for managing fisheries under Australian jurisdiction, ensuring sustainable and responsible exploitation of marine resources. To address the specific needs of the Heard Island and McDonald Islands Fishery, the Heard Island and McDonald Islands Fishery Management Plan 2002 was formulated. This plan introduced statutory fishing rights (SFRs) as a means of regulated access to the fishery, requiring fishers to hold a minimum of 25.5% of the total issued SFRs. The Australian Fisheries Management Authority (AFMA) is responsible for determining the Total Allowable Catch (TAC) for the fishery each year, with a clear policy objective of maintaining sustainable fish stocks while allowing for economic activity. For the 2006/2007 fishing season, AFMA set the TACs after extensive consultation with relevant advisory bodies, including the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC), in alignment with the broader conservation objectives of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR).

Scope and Application

The F2006L03889 Determination No. HIMIF TAC D5, issued by the Australian Fisheries Management Authority (AFMA), pertains to the management of the Heard Island and McDonald Islands Fishery (the Fishery) for the 2006/2007 fishing season. This determination applies to individuals and entities holding statutory fishing rights (SFRs) as the primary means of accessing the fishery, with at least 25.5% of the total issued SFRs required to participate in fishing activities. The determination sets the total allowable catch (TAC) for each target species for the specified fishing year, which is defined as a period of 12 months beginning on 1 December of any given year. This legislation operates within the jurisdictional framework established by the Fisheries Management Act 1991, and its implementation adheres to the procedures and recommendations outlined in the Heard Island and McDonald Islands Fishery Management Plan 2002 (HIMI Plan). Notably, the determination process involved consultations with the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC), reflecting a collaborative approach to managing the fishery's resources. This determination does not necessitate a Regulation Impact Statement as advised by the Office of Regulation Review.

Key Provisions

The main provisions of the legislation (F2006L03889) pertain to the determination of the Total Allowable Catch (TAC) for the Heard Island and McDonald Islands Fishery for the 2006/2007 season. Section 11 of the Heard Island and McDonald Islands Fishery Management Plan 2002 (HIMI Plan) mandates that the Australian Fisheries Management Authority (AFMA) must determine the TAC for each species before the beginning of each fishing year, defined as a period of 12 months starting on 1 December. This process requires AFMA to consider recommendations from the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and to consult with these bodies as per Section 11 of the HIMI Plan. The AFMA Board must then take into account these views when deciding the TACs and catch limits. The Act imposes several obligations and requirements on the parties involved. Firstly, any person wishing to fish in the Heard Island and McDonald Islands Fishery must hold at least 25.5% of the total issued statutory fishing rights (SFRs). This requirement ensures that only authorised individuals or entities can participate in the fishery. Secondly, the quota for each target species and fishing year is calculated by dividing the total allowable catch for that species by the total number of SFRs in force at the start of the fishing year. This ensures that the catch limits are fairly distributed among those who hold the necessary SFRs. There are no specific offences, penalties, or consequences mentioned in the legislation for breaching the TAC determination or the requirements for holding SFRs. However, given the context of the Fisheries Management Act 1991 and general fisheries regulations, unauthorised fishing activities and non-compliance with catch limits are likely subject to enforcement actions by AFMA. These actions could include fines, revocation of fishing rights, and other legal penalties as provided for under the broader fisheries management framework. It is also worth noting that the Office of Regulation Review (ORR) has advised that a Regulation Impact Statement (RIS) is not required for the setting of the 2006/07 TACs, as indicated by ORR ID 8836. Overall, the legislation sets out a structured process for determining the TAC for the Heard Island and McDonald Islands Fishery, ensuring that it is done in consultation with relevant advisory committees and considers their recommendations. The requirements for holding statutory fishing rights ensure that only authorised participants can fish in the fishery, thereby maintaining the integrity of the fishing activities within the specified limits.