EXPLANATORY STATEMENT
Fisheries Management Act 1991
Eastern Tuna and Billfish Fishery Management Plan 2010
ETBF Fishing Season Determination 2011
Subsection 17(5) of the Fisheries Management Act 1991 (the Management 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.
Section 1.3 of the Eastern Tuna and Billfish Fishery Management 2010 (the Plan) provides that ‘fishing season’ under the Plan means the period determined by AFMA.
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, which came into force on 22 January. The Plan replaced the Eastern Tuna and Billfish Fishery Management Plan 2005 (the previous Plan). Under the previous Plan the ‘fishing season’ was defined in Regulations. The Regulations provided that, apart from the initial season, the fishing season each year is 1 March to the end of February in the following year.
This Determination determines the same period for the fishing season in the ETBF as the Regulations.
Consultation
The season dates for the 2011 fishing season were developed through consultation with members of the Eastern Tuna Management Advisory Committee (now the Tropical Tuna Management Advisory Committee) that is comprised of representatives from industry, scientists, non-government organisations and state agencies.
The fishing season dates are considered the optimal dates for the fishery by industry and management and the fishing season that commenced in 2009 was extended to 16 months in order to allow the annual fishing season commencing on 1 March.
Regulation Impact Statement
The Office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement was not required for the determination of season dates in the ETBF for the 2011 season. (OBPR ID 12225).
Details of the Determination are set out below:
Clause 1 provides for the Determination to be cited as ETBF Fishing Season Determination 2011.
Clause 2 provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
Clause 3 defines terms used in the Determination.
Clause 4 determines that the ‘fishing season’ in the ETBF is the period starting on 1 March in a year and ending on the last day of February in the following year.
Overview
The Fisheries Management Act 1991 was enacted to provide for the sustainable management of fisheries within the Australian Exclusive Economic Zone (EEZ) and beyond. This legislation was introduced to address the need for comprehensive and effective management of Australia's fishery resources, ensuring they are utilised in a manner that is both economically viable and environmentally sustainable. The Fisheries Management Act 1991 empowers the Australian Fisheries Management Authority (AFMA) to create and implement management plans and make determinations that align with the objectives of these plans. One such determination, the Eastern Tuna and Billfish Fishery Management Plan 2010, was introduced to provide specific management arrangements for the Eastern Tuna and Billfish Fishery (ETBF) in the Australian EEZ, including the Coral Sea and high seas zones. The ETBF Fishing Season Determination 2011 was made under subsection 17(5) of the Fisheries Management Act 1991 to specify the fishing season for the ETBF, ensuring it aligns with the objectives of the management plan. This determination was developed through consultation with relevant stakeholders, including industry representatives, scientists, non-government organisations, and state agencies, to ensure that the season dates are optimal for the fishery.
Scope and Application
The ETBF Fishing Season Determination 2011 applies to the Eastern Tuna and Billfish Fishery (ETBF), which encompasses the Australian Exclusive Economic Zone (EEZ) waters along the east coast of Australia between the South Australia/Victoria border and Cape York in the north, as well as a restricted entry zone in the Coral Sea and a high seas zone. This determination is made under the Fisheries Management Act 1991, specifically pursuant to Section 17(5), which allows for the Australian Fisheries Management Authority (AFMA) to make determinations to achieve the objectives of a management plan. The ETBF has transitioned to output controls in the form of individually transferable quotas under the Eastern Tuna and Billfish Fishery Management Plan 2010, which replaced the 2005 Plan. This Determination sets the fishing season dates from 1 March to the end of February the following year, consistent with the previous regulations. The determination does not specify any exclusions, exemptions, or thresholds but extends the application through subordinate instruments as necessary to implement the objectives of the management plan.
Key Provisions
The ETBF Fishing Season Determination 2011 (Clause 1) establishes the specific period for the fishing season within the Eastern Tuna and Billfish Fishery (ETBF) as set out in the Eastern Tuna and Billfish Fishery Management Plan 2010 (the Plan). The fishing season, as determined under Clause 4, runs from 1 March of a given year until the last day of February in the following year. This period is consistent with the previous fishing season as defined in the regulations under the Eastern Tuna and Billfish Fishery Management Plan 2005. The Determination is set to commence on the day after it is registered on the Federal Register of Legislative Instruments (Clause 2). Clause 3 defines key terms used within the Determination to ensure clarity and proper interpretation.
The parties governed by this Determination, primarily the Australian Fisheries Management Authority (AFMA), are required to adhere to the fishing season dates specified (Section 17(5) of the Fisheries Management Act 1991). AFMA must implement and manage the ETBF in accordance with the Plan, ensuring that the fishing activities occur within the prescribed season dates. The Plan stipulates that the fishing season is the period determined by AFMA, thus placing the responsibility on AFMA to regulate and oversee fishing activities within the ETBF effectively. The Determination facilitates the transition from the previous management plan by maintaining the established fishing season dates, thus ensuring continuity in fishery management.
The Eastern Tuna and Billfish Fishery Management Plan 2010 and the ETBF Fishing Season Determination 2011 do not explicitly outline specific offences or penalties for non-compliance. However, non-compliance with the provisions of the Fisheries Management Act 1991, which underpins the Plan and the Determination, can result in legal consequences. Under the Act, penalties for violations can include fines and imprisonment, depending on the severity of the offence. The exact penalties would be determined by the courts based on the specific circumstances of any breach. It is essential for all parties involved in the ETBF to comply with the regulations and management plans to avoid any legal repercussions.