Fisheries Management (Small Pelagic Fishery Overcatch and Undercatch) Fishing Capacity Determination 2018

Overview

The Fisheries Management (Small Pelagic Fishery Overcatch and Undercatch) Fishing Capacity Determination 2018 was enacted to address the need for precise management of the small pelagic fishery, particularly in terms of balancing overcatch and undercatch for the 2018 fishing season. The Fisheries Management Act 1991 empowers the Australian Fisheries Management Authority (AFMA) to determine management plans for fisheries, including the fishing capacity permitted for particular periods. This determination specifically applies to the Small Pelagic Fishery Management Plan 2009, which allows AFMA to set percentages and weights for quota species, crucial for calculating overcatch and undercatch. These calculations enable flexibility in quota management, allowing fishers to carry over or under their quota from one season to the next, subject to certain conditions such as decrementing the determined weight at twice the rate in subsequent seasons. The determination was made following consultations with the Small Pelagic Fishery Scientific Panel and the South East Management Advisory Committee, ensuring that recommendations on biological catch and undercatch/overcatch percentages were well-informed by various stakeholders, including recreational fishers, conservation groups, and commercial industry. AFMA's assessment confirmed that this legislative instrument is compatible with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011. The Determination, effective from 1 May 2018 until 30 April 2019, specifies the allowable percentages and weights for each quota species within the fishery’s sub-areas, aiming to maintain sustainable fishery practices and equitable quota management.

Scope and Application

The Fisheries Management (Small Pelagic Fishery Overcatch and Undercatch) Fishing Capacity Determination 2018 applies to the management of the Small Pelagic Fishery, which spans from the Queensland/New South Wales border around southern Australia to a line at latitude 31° south. This fishery, divided into eastern and western sub-areas, is regulated under the Fisheries Management Act 1991 and the Small Pelagic Fishery Management Plan 2009. The Determination is applicable to all entities and individuals participating in the fishery, particularly those involved in the commercial harvesting of target species such as Jack Mackerel, Blue Mackerel, Redbait, and Australian Sardines. The geographic reach of the Determination is confined to the Commonwealth jurisdiction, ensuring uniformity in the management of fishing capacities across the specified fishery regions. The Determination outlines specific percentages and weights for quota species related to overcatch and undercatch for the 2018 fishing season, providing for the flexibility of quota carryover between seasons. The Determination also incorporates advice from the Small Pelagic Fishery Scientific Panel and the South East Management Advisory Committee to inform its provisions. Notably, the Determination does not require a Regulatory Impact Statement, and the Authority has assessed its compatibility with human rights, as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Fisheries Management (Small Pelagic Fishery Overcatch and Undercatch) Fishing Capacity Determination 2018 (section 6) sets out the specific percentages and weights for each quota species for a sub-area in relation to overcatch and undercatch for the 2018 fishing season. This determination is based on advice from the Small Pelagic Fishery Scientific Panel and the South East Management Advisory Committee, and it aligns with the provisions outlined in the Small Pelagic Fishery Management Plan 2009 and the Fisheries Management Act 1991. This allows for flexibility in fishing quotas between seasons, with overcatch and undercatch amounts that can be carried over or carried under, subject to specific decrement rates. Under this Determination, fishers and fishing entities must adhere to the specified percentages and weights for quota species in each sub-area for the 2018 fishing season. This includes monitoring and reporting their catch in accordance with the determined limits to ensure compliance with the overcatch and undercatch provisions. Additionally, the Determination imposes obligations on the Authority to review and, if necessary, revise the percentages and weights for subsequent seasons based on updated scientific advice and stakeholder consultations. Failure to comply with the Determination can result in penalties, including fines and potential suspension of fishing rights. Breaches of the provisions under the Fisheries Management (Small Pelagic Fishery Overcatch and Undercatch) Fishing Capacity Determination 2018 can lead to civil and criminal penalties. For example, knowingly exceeding the specified catch limits may result in fines up to a maximum of $12,600 for individuals and $63,000 for corporations, as stipulated under the Fisheries Management Act 1991. Additionally, persistent non-compliance can lead to more severe consequences, such as the revocation of fishing licenses or permits, thereby impacting the ability to operate within the fishery. The Authority retains the right to enforce these penalties and take necessary actions to ensure compliance with the Determination.