EXPLANATORY STATEMENT
Issued by the Authority of the Managing Director
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Eastern Tuna and Billfish Fishery Management Plan 2010
2012 Eastern Tuna and Billfish Fishery Overcatch and Undercatch Determination
Subsection 17(5) of the Fisheries Management Act 1991 (the FM Act) provides that a plan of management made under the FM Act may provide for the Australian Fisheries Management Authority (AFMA) to give particular determinations for the purposes of attaining the objectives of the plan of management.
Subsection 17(6aa) of the Act provides that a plan of management may determine or provide for AFMA to determine the fishing capacity 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.
Section 3.2 of the Eastern Tuna and Billfish Fishery Management Plan 2010 (the Plan) provides that AFMA must determine a total allowable commercial catch (TACC) for each quota species for the fishing year before the fishing season commences.
A determination of a TACC must specify the TACC expressed in whole weight or a specified other weight. The quota for each statutory fishing right (SFR), for a quota species, is determined by dividing the TACC for the species by the number of SFRs in force at the start of the fishing season.
Section 4.5 of the Plan provides that AFMA must determine a percentage (the ‘determined percentage’) and weight (the ‘determined weight’) for the purpose of applying the overcatch provisions to individual SFR holders who exceed their quota for the season. Section 4.6 of the Plan provides that AFMA must determine a percentage (the ‘determined percentage’), for the purpose of applying the undercatch provisions to individual SFR holders whose catch is less than their quota for the season.
This instrument determines the amounts and percentages for each quota species in relation to undercatch and overcatch for the fishing season 1 March 2012 to 28 February 2013. Undercatch and overcatch provides for ‘carry over’ or ‘carry under’ of a small amount of end of season quota between fishing seasons thereby allowing fishers the flexibility to catch a certain amount of fish over or under their quota, and debit or credit this to or from the following season’s quota.
The Fishery
The Eastern Tuna and Billfish Fishery (ETBF) covers the area of waters in the Australian Exclusive Economic Zone (EEZ) included on the east coast of Australia between the south Australia/Victoria border and Cape York in the North. The ETBF also includes a restricted entry zone in the Coral Sea and a high seas zone that provides specific arrangements for fishing in the ETBF beyond the Australian EEZ.
Management in the ETBF has recently moved to output controls in the form of individually transferable quotas under the Plan. The fishery was previously managed under the Eastern Tuna and Billfish Fishery Management Plan 2005 that utilised input controls to restrict the number of hooks that could be set in the fishery. The new quota arrangements came into effect in the ETBF on 1 March 2011.
Consultation
The Recommended Biological Commercial Catch (RBCC) for each quota species, determined in accordance with the ETBF harvest strategy, and species stock assessments conducted on the broader western central pacific stock, were presented to the Tropical Tuna Resource Assessment Group (TTRAG). This group comprises scientific, industry and management representatives as well as observers. The RBCC provides the best scientific advice on what the total mortality should be for each species or stock, taking into account fishing and natural mortality and any ecological implications of harvesting the species.
Advice from TTRAG was considered by the relevant management advisory committee, the Tropical Tuna Management Advisory Committee (TTMAC), which recommended undercatch and overcatch percentages and the determined amount (which applies only in the case of overcatch). (Management advisory committees are established under section 56 of the Fisheries Administration Act 1991 (the FA Act) to assist AFMA in the performance of its functions).
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature.
Statement of Compatibility
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The Commission’s Decision
The AFMA Commission determined the undercatch and overcatch percentages and determined amount on 20 December 2011, when it also determined Total Allowable Commercial Catches for each quota species (see the 2012 Eastern Tuna and Billfish Fishery Total Allowable Commercial Catch Determination).
The Commission was satisfied that the percentages and amount it determined were consistent with AFMA’s obligation to pursue its statutory objectives, specified in section 3 of the FM Act and section 6 of the FA Act.
Details of the Determination are set out below:
Section 1 provides for the Determination to be cited as the 2012 Eastern Tuna and Billfish Fishery Overcatch and Undercatch Determination.
Section 2 provides for the commencement of the Determination.
Section 3 provides that the determination ceases on 28 February 2013 unless earlier revoked.
Section 4 provides that terms used in the Determination have the meaning given to them in the Plan.
Section 5 specifies that the determined percentage and determined weight, under section 4.5 of the Plan (Obligations relating to overcatch), and the determined percentage under section 4.6 of the Plan (Obligations relating to undercatch) for each quota species for the fishing season commencing on 1 March 2012.