EXPLANATORY STATEMENT
Issued by the Authority of the Chief Executive Officer
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Eastern Tuna and Billfish Fishery Management Plan 2005
Total Allowable Effort (2009/11 Fishing Season) Determination
Subsection 17(5) of the Fisheries Management Act 1991 (the Act) provides that a plan of management made under the Management 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 13 of the Eastern Tuna and Billfish Fishery Management Plan 2005 (the Plan) provides that AFMA must, before the start of each fishing season, determine the longline TAE and minor line TAE for the fishery for that fishing season and any later period if relevant. In determining a TAE, AFMA must have regard to reference points for each primary and secondary species. A determination of a TAE for the longline and minor line sectors may also specify the particular parts of the fishery to which the TAE applies and specify a sub-area factor for a particular area.
Section 13(4) of the Plan provides that, before AFMA determines a TAE for each sector for the following fishing season, it must consider information including the following:
a) information given by the advisory committee and other interested bodies;
b) the total estimated catch by the commercial, recreational, indigenous and any other users of the fishery;
c) information about the sustainability of marine species in the area of the fishery;
d) any decision made by the Minister or an intergovernmental Ministerial Council about resource sharing in the fishery;
e) any decision rule used for the setting of the longline TAE and minor line TAE;
f) the likely effect, for the fishing season, of any over‑expenditure of effort units permitted under section 21.
The Fishery
The Eastern Tuna and Billfish fishery (the Fishery) covers all waters of the Australian Fishing Zone (including around Norfolk and Lord Howe Islands) on the east coast, from Cape York to the Victorian and South Australian border.
It is a multi-species, multi-method pelagic line fishery. The primary species are yellowfin, bigeye and albacore tunas, broadbill swordfish and striped marlin. The majority of catch and effort is attributable to the pelagic longline sector, with low minor line activity.
The ETBF is continuing to be managed by annual fishing permits (through transitional arrangements under the Plan) which apply conditions and limit the number of boats operating. Statutory Fishing Rights (SFRs) were granted in August 2009 and these will take effect on 1 November 2009.
From 1 November 2009 when the Plan comes into effect, effort in the fishery will be managed by a total allowable effort (TAE) determined for the longline and minor sectors of the Fishery. Pelagic longline and minor line SFRs will provide holders with a proportional share of the TAE and allow the holder to expend that level of fishing effort in terms of longline clips attached to those pelagic longline or minor line SFRs.
This Determination sets a TAE of 12 million effort units for the longline sector and a minor line TAE of 2,464 effort units for the season 1 November 2009 to 28 February 2011. An initial 16 month season has been set by the Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations to allow for the commencement of annual seasons from 1 March 2011.
The TAE is consistent with the harvest strategy in place for the Fishery which has been developed in accordance with the Commonwealth Harvest Strategy Policy. The Harvest Strategy is designed to respond to all sources of mortality of the primary species. An Ecological Risk Management strategy is in place for the fishery to deal with the sustainability of marine species and the recommendations are consistent with this strategy. No decision on resource sharing that would affect the TAE has been made by either the Minister or Ministerial Council.
Consultation
In determining the TAE for the 16 months season, AFMA consulted with the Tropical Tuna Management Advisory Committee (TT MAC) which is the main advisory body for the Fishery and provides advice to the AFMA Commission on management related issues. TT MAC includes a range of stakeholders including industry, scientific, environment/conservation and recreational/charter fishing members.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) has advised AFMA that it considers the impacts of the determination will be ‘low’, that no further analysis is required and that the preparation of a RIS or quantification of compliance costs is not required for the determination of a TAE for the Eastern Tuna and Billfish Fishery for the 2009/2011 season (OBPR Reference No.10711).
Details of the Determination are set out below:
Clause 1 provides for the Determination to be cited as the 2009 ETBF TAE Determination.
Clause 2 provides for the commencement of the Determination.
Clause 3 defines terms used in the Determination.
Clause 4 determines the longline and minor line total allowable effort units for the fishing season commencing on 1 November 2009 and ending on 28 February 2011.