Overview

The Fisheries Management (Small Pelagic Fishery) Fishing Method Determination 2018 No. 2 was enacted by the Australian Fisheries Management Authority under Section 17 of the Fisheries Management Act 1991. This Determination was introduced to address the need for specific fishing methods in the Small Pelagic Fishery, particularly to authorise jigging and minor line methods as permitted fishing techniques. The determination was made to ensure that the fishery can be managed more effectively while also taking into account the sustainability of the fishery resources and potential environmental impacts, such as seabird interactions. The Authority determined that these methods pose no sustainability risks and are based on the best available science, as supported by the Small Pelagic Fishery Scientific Panel and the South East Management Advisory Committee. The Determination also includes provisions for the presence of onboard observers during the initial trips to monitor compliance and environmental effects.

Scope and Application

The Fisheries Management (Small Pelagic Fishery) Fishing Method Determination 2018 No. 2 applies to the Small Pelagic Fishery, which encompasses areas from the Queensland/New South Wales border, typically outside 3 nautical miles, around southern Australia to a line at latitude 31° south, excluding specific fishing methods such as purse seine and mid-water trawl. This legislative instrument, made under the Fisheries Management Act 1991, allows for the determination of fishing methods other than those explicitly excluded, specifically permitting jigging and minor line methods for use by persons fishing within the designated fishery area. The Determination extends to both state and federal jurisdictions, thereby governing the conduct of entities and individuals engaged in fishing activities within this fishery. The instrument specifies that the authorised methods may be used from the date of its registration until 30 April 2023, unless earlier revoked, and is intended to enhance management practices while considering ecological factors such as sustainability and seabird interactions, for which an onboard observer is recommended for the first five trips of any new fishing operation.

Key Provisions

The Fisheries Management (Small Pelagic Fishery) Fishing Method Determination 2018 No. 2 (the Determination) is a legislative instrument that sets out the authorised fishing methods for the Small Pelagic Fishery under the Fisheries Management Act 1991 (the Act). According to section 17(6)(aa) of the Act, the Australian Fisheries Management Authority (the Authority) has the power to determine the fishing capacity and methods for a fishery. The Determination specifies that jigging and minor line methods are permitted for use in the Small Pelagic Fishery, as outlined in section 27 of the Small Pelagic Fishery Management Plan 2009 (the Plan). This decision was supported by the Small Pelagic Fishery Scientific Panel and the South East Management Advisory Committee, who found that these methods do not pose sustainability risks, although they recommended the presence of an onboard observer for the first five trips of any new fishing operation due to the potential for seabird interactions. The Determination imposes specific obligations on parties fishing in the Small Pelagic Fishery. It mandates that only the fishing methods of jigging and minor line are to be used, as per clause 6. The use of these methods is contingent upon compliance with the overall management framework of the fishery, which includes output controls in the form of individually transferable quotas and a Total Allowable Catch determined for each quota species for each fishing year. Additionally, the Determination requires the presence of an onboard observer for the first five trips of any new fishing operation using these methods to monitor and mitigate potential seabird interactions, in line with recommendations from the Small Pelagic Fishery Scientific Panel and the South East Management Advisory Committee. Breach of the provisions set out in the Determination could result in civil and criminal consequences. While the Determination itself does not specify penalties, breaches of the Fisheries Management Act 1991 or associated plans and determinations can lead to significant penalties. For instance, unauthorised fishing activities can result in fines and imprisonment. The exact penalties would depend on the specific nature of the breach and any relevant state or territory legislation that may apply. The Determination also revokes the previous Fisheries Management (Small Pelagic Fishery) Fishing Method Determination 2018, effective from the day after its registration on the Federal Register of Legislation, as per clause 2 and Schedule 1. The Determination will remain in effect until 30 April 2023, unless earlier revoked by the Authority.