EXPLANATORY STATEMENT
Issued by the authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Southern Squid Jig Fishery Management Plan 2005
Determination No. SSJF 01
The proposed Determination would be a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 17(6)(aa) of the Fisheries Management Act 1991 (the FMA) provides that a plan of management made under the FMA may provide for the Australian Fisheries Management Authority (AFMA) to determine the fishing capacity permitted for the fishery or a part of the fishery in respect of a particular period or periods.
Subsection 11(1) of the Southern Squid Jig Fishery Management Plan 2005 (the Plan) provides that, prior to the start of the fishing year, AFMA must determine the total allowable effort (TAE) for the fishing year.
The fishery
The Southern Squid Jig Fishery (SSJF) targets squid species by the squid jigging method. Jigging is a particularly successful method for targeting squid and has a high level of specificity for the target species.
The majority of squid taken from the fishery is sold on the domestic market, with some of the byproduct (mainly tentacles) being exported to Mediterranean countries.
Most squid caught by the jigging method are taken from fishing grounds off Portland, Queenscliff and Lakes Entrance in Victoria, with a small number of operators fishing in South Australian waters.
Regulation Impact Statement
The Office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement was not required for the proposed Determination (ORR ID 7469).
Consultation
AFMA’s management philosophy (as foreshadowed in its governing legislation) involves a partnership approach to the management of marine resources under its jurisdiction. Cooperation with relevant stakeholders, such as the fishing industry, government agencies, the community and others with an interest in the sustainable management of the Commonwealth’s fisheries resources, is a vital part of this approach. This approach provides opportunities for stakeholders to have input into the management process through, in the case of the SSJF, the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and the Southern Squid Jig Fishery Fisheries Assessment Group (SquidFAG) – now known as the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG).
Subsections 11(2)(a) & (b) of the Plan provide that, before determining the TAE for a fishing year, AFMA must consult SquidMAC and SquidRAG and consider their views, along with the views of any other interested person(s). AFMA consulted with SquidMAC and SquidRAG at their 18 July 2005 joint meeting, at which they recommended a TAE of 800 standard squid jigging machines for the 2006 fishing year. This recommendation was agreed by the AFMA Board out of session in July 2005.
Details of the Determination are set out below:
Clause 1 | Provides for the Determination to be cited as Determination No. SSJF 01. |
Clause 2 | Provides for the commencement and period of application of the Determination. |
Clause 3 | Provides for the interpretation of the Determination. In particular, the clause states that terms defined in the Plan and FMA have the same meaning in the Determination. Terms used in the Determination first take the meaning given in the Plan, then (in the absence of terms in the Plan) that given in the FMA. |
Clause 4 | Provides the total allowable effort measured in standard squid jigging machines that may be used in the fishery for the 2006 fishing year. |
Overview
The Fisheries Management Act 1991 was enacted to provide for the sustainable management of fisheries under the jurisdiction of the Commonwealth of Australia. The legislation was introduced to address the need for a comprehensive regulatory framework that could ensure the sustainable use of marine resources while balancing the interests of various stakeholders, including the fishing industry, government agencies, and the broader community. The policy objective of the Act is to achieve the sustainable use of Australia's fisheries resources through effective management practices, including the regulation of fishing effort and capacity. The Australian Fisheries Management Authority (AFMA) was established under the Act to implement its provisions and manage fisheries on behalf of the Commonwealth. The Southern Squid Jig Fishery Management Plan 2005, as amended by the Southern Squid Jig Fishery Management Plan 2005 Determination No. SSJF 01, represents a legislative instrument developed in accordance with the requirements of the Legislative Instruments Act 2003. This determination, which sets the total allowable effort for the 2006 fishing year in the Southern Squid Jig Fishery, was made after consultation with relevant stakeholders and in accordance with the management philosophy outlined in the Fisheries Management Act 1991.
Scope and Application
The Southern Squid Jig Fishery Management Plan 2005 Determination No. SSJF 01 applies to the Southern Squid Jig Fishery, which targets squid species using the squid jigging method. This legislation is pertinent to entities and individuals involved in the operation of squid jigging vessels within the designated fishing grounds off Portland, Queenscliff, and Lakes Entrance in Victoria, as well as in South Australian waters. The Australian Fisheries Management Authority (AFMA) is tasked with determining the total allowable effort (TAE) for the fishery, which involves setting the number of standard squid jigging machines permitted for the fishing year. The authority to determine TAE is granted under the Fisheries Management Act 1991, and the process involves consultation with the Southern Squid Jig Fishery Management Advisory Committee and the Southern Squid Jig Fishery Resource Assessment Group. The Determination specifies the TAE for the 2006 fishing year, which was recommended by these advisory groups and subsequently approved by the AFMA Board. The jurisdictional reach of this legislation is confined to the Commonwealth, ensuring that the management of the fishery adheres to national standards and objectives.
Key Provisions
The Southern Squid Jig Fishery Management Plan 2005 sets out the key provisions for the management of the Southern Squid Jig Fishery (SSJF), particularly focusing on the total allowable effort (TAE) for the fishing year. Section 11(1) of the Plan mandates that the Australian Fisheries Management Authority (AFMA) must determine the TAE prior to the start of each fishing year. This requirement is pivotal for regulating the number of squid jigging machines that can be used in the fishery. AFMA is empowered to make such determinations under the Fisheries Management Act 1991 (FMA), as outlined in subsection 17(6)(aa).
In line with the AFMA’s management philosophy, which emphasises a collaborative approach, subsections 11(2)(a) and (b) of the Plan require AFMA to consult with relevant stakeholders, specifically the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG). This consultation process ensures that the views of the fishing industry and other interested parties are considered when setting the TAE. For the 2006 fishing year, AFMA consulted with SquidMAC and SquidRAG at their joint meeting on 18 July 2005, where they recommended a TAE of 800 standard squid jigging machines. This recommendation was subsequently approved by the AFMA Board.
The legislation imposes specific obligations on AFMA and other relevant parties. AFMA is required to determine the TAE for the SSJF before the commencement of each fishing year, taking into account the recommendations from SquidMAC and SquidRAG, as well as any other interested parties. The determination must align with the sustainable management principles outlined in the FMA and the Plan. The SSJF operators, on the other hand, must adhere to the TAE limits set by AFMA and comply with any other conditions specified in the Determination. Failure to comply with these provisions can result in legal repercussions.
The Determination also outlines the consequences for non-compliance with the provisions of the FMA and the Plan. Offences under the FMA can result in both civil and criminal penalties. For instance, section 175 of the FMA provides for civil penalties, including fines of up to $33,000 for individuals and $165,000 for bodies corporate, for breaches related to the management of the fishery. Additionally, section 182 of the FMA imposes criminal penalties, including fines of up to $66,000 for individuals and $330,000 for bodies corporate, and potential imprisonment for offences involving serious breaches of the Act. These penalties serve as a deterrent to ensure compliance with the regulatory framework governing the SSJF.