Fisheries Management (Southern and Eastern Scalefish and Shark Fishery Total Allowable Catch – Quota Species) Fishing Capacity Determination 2018

Administered by Department of Agriculture

Legislation au F2018L00331 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Australian Fisheries Management Authority

 

Fisheries Management Act 1991
Southern and Eastern Scalefish and Shark Fishery Management Plan 2003

Fisheries Management (Southern and Eastern Scalefish and Shark Fishery Total Allowable Catch – Quota Species) Fishing Capacity Determination 2018

The Fisheries Management (Southern and Eastern Scalefish and Shark Fishery Total Allowable Catch – Quota Species) Fishing Capacity Determination 2018 (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Subsection 17(5) of the Fisheries Management Act 1991 (the Act) provides that a plan of management made under the Act is to set out, amongst other things, the objectives of the plan of management and measures by which the objectives are to be attained.

Paragraph 17(6)(aa) of the Act provides that a plan of management made under the Act may provide for the Australian Fisheries Management Authority (AFMA) to determine the fishing capacity permitted for the fishery or a part of the fishery in respect of a particular period or periods.

Section 11 of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the Plan) provides that AFMA must no later than 31 March immediately before the commencement of a fishing year, determine a Total Allowable Catch (TAC) for each quota species for the fishing year. In determining a TAC for a quota species or a quota species in a particular area of the fishery, AFMA must have regard to reference points for the species that AFMA has determined as appropriate for maintaining ecologically viable stocks of these species under section 9 of the Plan. The determination of a TAC must specify the TAC expressed in whole weight or a specified other weight and must specify the particular parts of the fishery to which the TAC applies.

 

Section 12 of the Plan provides that, before AFMA determines a TAC for a quota species for a fishing year, it must consult and consider the views of each relevant management advisory committee. It must take into account advice from the relevant fishery assessment group about the stock status of a quota species and may consider the views of any other interested person. AFMA must also take into account all fishing mortality from all sectors within the fishery and overlapping or adjacent fisheries, the ecological implications of harvesting the TAC, the distribution and population structure of the species and the precautionary principle.

 

The Determination determines the TAC for each quota species for the 2018 fishing year.

 

The Fishery

 

The Southern and Eastern Scalefish and Shark Fishery (SESSF) covers the area of waters from approximately 80 nautical miles off the coast near Fraser Island in Queensland, south around Tasmania and west to Cape Leeuwin in Western Australia. The area of the SESSF encompasses almost half of the waters within the Australian Fishing Zone. The SESSF operates in both Commonwealth and state waters under complex jurisdictional arrangements, due to different Offshore Constitutional Settlement arrangements with each state.

 

Management in the SESSF is mainly through output controls in the form of TAC limits set under the Commonwealth Fisheries Harvest Strategy Policy and the specific SESSF Harvest Strategy Framework (HSF). Input controls used include a limit on the number of boats that operate in each sector, as well as gear restrictions such as limits on mesh size and the amount of fishing gear that may be used.

 

Consultation

 

The consultation process included consideration of species stock assessments at Resource Assessment Group (RAG) meetings. The stock assessments are based on the HSF and provide for a recommended biological catch (RBC). The RBC provides the best scientific advice on what the total mortality should be for each species or stock, taking into account fishing and natural mortality and any ecological implications of harvesting the species.

 

The RBCs were translated into proposed TACs. The TAC represents the recommended Commonwealth commercial catch for each species or stock, and is derived by subtracting the expected mortality from incidental catch, discards, and landings in other jurisdictions from the RBC, and by applying decision rules contained in the HSF, which is endorsed by the AFMA Commission.

 

Advice from the RAGs was then considered by the South East Management Advisory Committee (SEMAC) and the Great Australian Bight Management Advisory Committee (GABMAC). SEMAC and GABMAC discussed the TAC recommendations, as well as undercatch and overcatch percentages and determined amounts which provide for ‘carry over’ or ‘carry under’ of quota between fishing seasons.

 

The recommended TACs for each quota species in the SESSF were then sent to the AFMA Commission for determination along with all comments from the MACs, RAGs, and individual submissions.

 

Regulation Impact Statement

The Office of Best Practice Regulation advised on 30 June 2014 that a Regulation Impact Statement is not required for Determinations of a minor, recurrent or machinery nature, specifically including determinations of fishing capacity (OBPR No: 14421). 

Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

AFMA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached. 

Details of the Determination are set out below:

Clause 1

Provides for the Determination to be cited as the Fisheries Management (Southern and Eastern Scalefish and Shark Fishery Total Allowable Catch – Quota Species) Fishing Capacity Determination 2018

Clause 2

Provides that the Determination commences on the day after registration on the Federal Register of Legislation.

Clause 3

Provides that the Determination is repealed on 1 May 2019 unless earlier revoked.

Clause 4

Provides the authority under which the Determination is made.

Clause 5

Provides definitions for terms used in the table in clause 6 and that a term used in the Determination and in the Plan or Act has the same meaning in the Determination as in the Plan or Act.

Clause 6

Determines the total allowable catch (TAC) for each quota species in the fishery for the 2018 fishing year beginning on 1 May 2018 and ending on 30 April 2019.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Fisheries Management (Southern and Eastern Scalefish and Shark Fishery Total Allowable Catch – Quota Species) Fishing Capacity Determination 2018 was enacted to provide a legislative framework for determining the total allowable catch (TAC) for quota species in the Southern and Eastern Scalefish and Shark Fishery (SESSF) for the 2018 fishing year. This Determination was introduced to address the need for a clear, legally binding framework for managing the fishing capacity within the SESSF, ensuring sustainable management of fish stocks. Enacted by the Australian Fisheries Management Authority (AFMA) under the authority of the Fisheries Management Act 1991, the primary policy objective of this Determination is to enable AFMA to set appropriate TACs based on scientific advice, while taking into account ecological, economic, and social considerations. This legislative instrument ensures that the fishery is managed in a manner that maintains ecologically viable fish stocks and supports the long-term sustainability of the industry.

Scope and Application

The Fisheries Management (Southern and Eastern Scalefish and Shark Fishery Total Allowable Catch – Quota Species) Fishing Capacity Determination 2018 applies to the management of the Southern and Eastern Scalefish and Shark Fishery (SESSF), which encompasses a significant portion of the Australian Fishing Zone, extending from Queensland, around Tasmania, to Western Australia. This Determination sets out the Total Allowable Catch (TAC) for quota species within the SESSF for the 2018 fishing year, reflecting the complexity of the jurisdictional arrangements between the Commonwealth and state waters. It applies to entities engaged in fishing activities within the specified fishery, including both domestic and foreign vessels, and is governed by the overarching framework of the Fisheries Management Act 1991 and the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. The Australian Fisheries Management Authority (AFMA) is mandated by the Determination to consult with relevant management advisory committees, resource assessment groups, and other stakeholders to ensure that the TAC determinations are informed by the best available scientific advice and take into account ecological, economic, and social considerations. The Determination also repeals itself on 1 May 2019, unless revoked earlier, thereby ensuring its application is limited to the specified fishing year.

Key Provisions

The Fisheries Management (Southern and Eastern Scalefish and Shark Fishery Total Allowable Catch – Quota Species) Fishing Capacity Determination 2018, or the Determination, sets out specific measures for the management of the Southern and Eastern Scalefish and Shark Fishery (SESSF) for the 2018 fishing year. This Determination operates under the Fisheries Management Act 1991 (the Act) and the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the Plan). The primary purpose of the Determination is to specify the Total Allowable Catch (TAC) for each quota species within the SESSF for the 2018 fishing year, from 1 May 2018 to 30 April 2019 (Clause 6). The Determination is effective from the day after its registration on the Federal Register of Legislation (Clause 2) and will be repealed on 1 May 2019 unless revoked earlier (Clause 3). The authority for this Determination is derived from relevant sections of the Act and Plan, and it provides definitions for terms used within the context of this Determination (Clause 5). Under the Determination, the Australian Fisheries Management Authority (AFMA) is required to determine the TAC for each quota species, taking into account various factors such as species stock assessments, ecological implications, and the precautionary principle (Section 11 and 12 of the Plan). AFMA must consult with relevant management advisory committees, consider advice from fishery assessment groups, and account for fishing mortality from all sectors and ecological implications before setting the TAC (Section 12 of the Plan). This comprehensive approach ensures that the TACs are scientifically informed and ecologically sustainable. The Determination also mandates AFMA to specify the TAC in terms of whole weight or another specified weight and to identify the specific areas of the fishery to which the TAC applies (Section 11 of the Plan). AFMA's obligations under the Determination include setting scientifically informed TACs that consider multiple ecological and biological factors, engaging in detailed consultation with relevant stakeholders, and ensuring compliance with the provisions of the Fisheries Management Act 1991 and the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. AFMA must ensure that the TACs are set in a manner that maintains the ecological viability of the species, considering the stock status, fishing mortality, and ecological implications of the harvest. Failure to comply with the provisions of the Determination may result in significant civil and criminal penalties. Under the Fisheries Management Act 1991, penalties for non-compliance can include fines and imprisonment. Specifically, offences related to exceeding the TAC or engaging in unauthorised fishing activities can result in substantial financial penalties. For example, individuals may face fines of up to $55,000 and imprisonment for up to two years for serious offences. Companies can face even higher penalties, reflecting the seriousness with which the law regards violations of fishery management provisions. These penalties underscore the importance of adhering to the TACs and other regulatory measures outlined in the Determination.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.