EXPLANATORY STATEMENT
Issued by the authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Bass Strait Central Zone Scallop Fishery Management Plan 2002
Determination No. BSCZSFD 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 27(1) of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Plan) provides that, prior to the start of the fishing season, AFMA must determine the total allowable catch (TAC) for each species of scallop for the fishing year.
The Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002 (the Regulations) complement the Plan and prescribe matters in support of the FMA relevant to the fishery.
Subsection 27(2) of the Plan provides that the TAC must not be greater than an amount specified in the Regulations for the purposes of this subsection. Subregulation 10(1) states that the TAC at the start of each fishing season must not be greater than 1,000 tonnes for commercial scallops. The level of TAC set by the proposed Determination meets the requirements of this subregulation.
The fishery
The principal target species in the Bass Strait Central Zone Scallop Fishery (BSCZSF) is the commercial scallop (Pecten fumatus). The principal harvest method is by a scallop harvester (or dredge). The main markets for scallops have traditionally been France, Hong Kong, USA and the domestic market.
As a result of overfishing and a severe decline in catch in 1998 the fishery was closed to fishing in 1999 and 2000. There has been an area closure of the known scallop beds (or part of these beds) in the eastern part of the fishery since 2001. Scientific surveys undertaken in this area since 2000 have provided evidence of stock rebuilding, but there has not been a full recovery. Partly because of these closures in the fishery, there have been some marketing challenges faced by scallop operators. These relate mainly to continuity of supply of fresh product to both domestic and export markets and have been exacerbated by competition with cheaper imported product.
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 7026).
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 BSCZSF, the Bass Strait Central Zone Scallop Fishery Management Advisory Committee (ScallopMAC).
Subsection 23(3) of the Plan provides that, before deciding the TAC for a fishing year, AFMA must consult the Committee and consider their views. AFMA consulted with ScallopMAC at their November 2004 meeting, at which ScallopMAC made a recommendation that the initial TAC for the 2005 fishing season be set at 1,000 tonnes. This recommendation was put to the AFMA Board at the February meeting.
Details of the Determination are set out below:
Clause 1 | Provides for the Determination to be cited as Determination No. BSCZSFD 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 catch of commercial scallops that may be taken. |