Overview

The Fisheries Management (Small Pelagic Fishery) Fishing Method Determination 2018 was enacted to provide flexibility and additional options in the management of the Small Pelagic Fishery, which is a significant part of Australia's fishing industry. This legislative instrument, issued by the Australian Fisheries Management Authority under section 17 of the Fisheries Management Act 1991, aims to address gaps in the existing management framework by authorising the use of jigging and minor line methods in addition to the previously approved purse seine and mid-water trawl methods. This change was supported by the Small Pelagic Fishery Scientific Panel and the South East Management Advisory Committee, which recognised that these methods do not pose sustainability risks, provided that Total Allowable Catch levels remain sustainable and are based on the best available scientific evidence. The introduction of these methods seeks to enhance the efficiency and effectiveness of fishing operations while maintaining the ecological balance of the fishery.

Scope and Application

The Fisheries Management (Small Pelagic Fishery) Fishing Method Determination 2018 applies to persons engaged in fishing activities within the Small Pelagic Fishery, which extends along the southern Australian coast from the Queensland/New South Wales border to a line at latitude 31° south. This legislative instrument is made under section 17 of the Fisheries Management Act 1991 and specifies that the fishing methods known as jigging and minor line methods can be used by those fishing in the fishery. The determination is designed to regulate the fishing methods employed within this specific fishery, ensuring they comply with the management plan and contribute to sustainable fishing practices. This determination does not apply to other fisheries or fishing methods, which may be governed by different regulations. The application of this Determination is limited geographically to the boundaries of the Small Pelagic Fishery, and it is subject to the overarching provisions of the Fisheries Management Act 1991 and the Small Pelagic Fishery Management Plan 2009.

Key Provisions

The Fisheries Management (Small Pelagic Fishery) Fishing Method Determination 2018 (Clauses 1-6) establishes the conditions under which jigging and minor line methods may be used in the Small Pelagic Fishery, as outlined in Section 27 of the Small Pelagic Fishery Management Plan 2009. The Determination specifies that these methods are permitted for use by persons fishing in the fishery (Clause 6). This legislation is effective from 1 May 2018 (Clause 2) and is made under the authority granted by Section 17 of the Fisheries Management Act 1991 (Clause 3). Clause 4 provides definitions for terms used in the Determination, ensuring clarity and consistency in its application. Entities and individuals subject to the Determination must adhere to the specified fishing methods and any additional conditions that may be imposed by the Authority. This includes ensuring that fishing activities do not exceed the Total Allowable Catch (TAC) set for each quota species and complying with any monitoring or reporting requirements, such as the presence of an onboard observer during the initial five trips of a new fishing operation (Clause 6). The Determination also requires compliance with the output controls and individually transferable quotas that govern the fishery (Section 27 of the Plan). Breaches of the provisions set out in the Determination may result in penalties or other consequences as outlined in the Fisheries Management Act 1991. These may include fines, cancellation of fishing licences, or other administrative actions taken by the Authority. The specific penalties for non-compliance are detailed in the Fisheries Management Act and may vary depending on the nature and severity of the breach. It is important for all parties involved in the fishery to familiarise themselves with these provisions to avoid any potential legal repercussions.