EXPLANATORY STATEMENT
Issued by the Authority of the Managing Director
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Heard Island and McDonald Islands Fishery Management Plan 2002
Temporary Order
Subparagraph 43(1)(b) of the Fisheries Management Act 1991 (the Management Act) provides that one of the purposes of section 43 is to enable quick action to be taken to correct errors or anomalies in a plan of management.
Subsection 43(8) provides that the Australian Fisheries Management Authority (AFMA) may, by writing under its common seal, delegate its powers under this section to the Managing Director of AFMA, but to no other person. AFMA has made this delegation to the Managing Director.
The Fishery
Fishing in the Heard Island and McDonald Islands (HIMI) Fishery is managed under the provisions of the Heard Island and McDonald Islands Fishery Management Plan 2002 (the HIMI Plan). Section 11 of the HIMI Plan outlines the procedures for the determination of total allowable catch.
Advice was received from the Australian Government Solicitor that the current wording of the HIMI Plan only allows AFMA to determine total allowable catches for target species. Patagonian toothfish (Dissostichus eleginoides) and mackerel icefish (Champsocephalus gunnari) are the target species defined under Schedule 2 of the HIMI Plan.
Each year the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) prescribes catch limits for target and bycatch species for the HIMI Fishery, and these are specified in Conservation Measures. AFMA is looking to determine catch limits for bycatch species at the same time it sets total allowable catches for target species. This will ensure that the bycatch species are effectively managed and provide the authority to ensure the catch limits are not exceeded. Since fishing operations began in the HIMI Fishery, AFMA has ensured that no catch limits have been exceeded.
The following catch limits have been determined for bycatch in the HIMI Fishery for the 2005/06 season, which commences on 1 December 2005.
Common name | Scientific name | Catch limit (tonnes) |
Unicorn icefish | Channichthys rhinoceratus | 150 |
Grey rockcod | Lepidonotothen squamifrons | 80 |
Grenadiers | Macrourus spp. | 360 |
Skates and rays | Bathyraja spp. | 120 |
Each other species | Various | 50 |
Regulation Impact Statement
The Office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement was not required for the Temporary Order (ORR ID 7816).
Consultation
Before deciding to make this Temporary Order, AFMA consulted widely with industry and other interested persons. The Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC), the body which provides advice to AFMA on Antarctic fisheries management issues, discussed and endorsed the proposed amendment. SouthMAC has an independent Chair and members from AFMA, industry, the Australian Antarctic Division, the State Government and the conservation sector. Following SouthMAC consultation the AFMA Board, out of session, approved the need to amend Section 11 of the HIMI Plan.
The Temporary Order came into effect on 25 November 2005 and remains in effect until 25 May 2006 or such earlier time as the HIMI Plan is amended.
Overview
The Fisheries Management Act 1991 was enacted to establish a framework for the sustainable management of fisheries in Australia. It was introduced to address the need for effective management of Australia's fishing resources, ensuring their sustainability and the conservation of marine ecosystems. The Heard Island and McDonald Islands Fishery Management Plan 2002 was developed under this Act to provide specific management measures for the fishery around these islands. A problem arose when it was identified that the HIMI Plan did not allow the Australian Fisheries Management Authority (AFMA) to determine total allowable catches for bycatch species, despite these being subject to catch limits set by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR). This Temporary Order was introduced to rectify this oversight, enabling AFMA to manage bycatch species effectively within the HIMI Fishery, thus aligning with the policy objective of sustainable and comprehensive fisheries management.
Scope and Application
The Fisheries Management Act 1991, as amended by the Heard Island and McDonald Islands Fishery Management Plan 2002, governs the management of fishing activities within the HIMI Fishery. This legislation applies to all entities and individuals involved in fishing activities within the HIMI Fishery, including Australian and foreign vessels, fishers, and fishing companies. The Act facilitates the management of fisheries by allowing the Australian Fisheries Management Authority (AFMA) to set total allowable catches (TAC) for target species, as well as bycatch species, to ensure sustainable fishing practices. AFMA has the authority to delegate its powers to the Managing Director, who has made the necessary amendments to the HIMI Plan to allow for the determination of bycatch species TACs. The amendments are effective from 1 December 2005 to 25 May 2006 and were approved by the Sub-Antarctic Fisheries Management Advisory Committee and the AFMA Board. The Temporary Order does not require a Regulation Impact Statement and has been made to correct an error in the HIMI Plan, allowing for the effective management of bycatch species in the HIMI Fishery.
Key Provisions
The main operative sections of this Temporary Order pertain to the management of the Heard Island and McDonald Islands (HIMI) Fishery under the Fisheries Management Act 1991 (Management Act). Specifically, the Order addresses the current wording of the HIMI Fishery Management Plan 2002, which only allows the Australian Fisheries Management Authority (AFMA) to determine total allowable catches for target species (section 11). This limitation means that AFMA is unable to determine catch limits for bycatch species, which include unicorn icefish, grey rockcod, grenadiers, skates and rays, and other species. The Temporary Order allows AFMA to determine catch limits for these bycatch species, aligning with the annual catch limits prescribed by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) for the HIMI Fishery. This amendment aims to ensure effective management of bycatch species and to prevent the exceeding of catch limits, as has been the case since the commencement of fishing operations in the HIMI Fishery.
The obligations and requirements imposed by this Temporary Order on AFMA include the ability to determine catch limits for bycatch species in the HIMI Fishery, in addition to the existing authority to set total allowable catches for target species. This amendment is designed to ensure comprehensive management of all species within the HIMI Fishery, aligning with CCAMLR’s prescribed catch limits. AFMA must ensure that these catch limits for bycatch species are adhered to during the 2005/06 fishing season, which begins on 1 December 2005. The Order also mandates that AFMA maintain consultation with relevant stakeholders, including the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and industry representatives, to ensure that the management practices remain effective and aligned with conservation goals.
In terms of offences, penalties, or civil/criminal consequences for breach, the explanatory statement does not specify particular offences under this Temporary Order. However, under the Management Act, breaches of the HIMI Plan or any regulations made under it can lead to significant penalties. These can include fines and imprisonment. The exact penalties would depend on the specific nature and severity of the breach. The Authority of the Managing Director of AFMA has delegated powers to issue such orders to ensure quick action to correct any errors or anomalies in the HIMI Plan, as per section 43(1)(b) and section 43(8) of the Management Act. The Temporary Order came into effect on 25 November 2005 and will remain in effect until 25 May 2006 or until such time as the HIMI Plan is amended, ensuring that the bycatch species are managed effectively during the specified fishing season.