EXPLANATORY STATEMENT
Australian Fisheries Management Authority
Fisheries Management Act 1991
Heard Island and McDonald Islands Fishery Management Plan 2002
HEARD ISLAND AND MCDONALD ISLANDS FISHERY TOTAL ALLOWABLE CATCH (2011/2012 SEASON) DETERMINATION No. HIMIF TAC D10
Section 17 of the Fisheries Management Act 1991 (the Act) provides for the Australian Fisheries Management Authority (AFMA) to determine plans of management for a fishery.
Paragraph (aa) of subsection 17(6) of the Act provides that a plan of management may determine, or provide for AFMA to determine, the fishing capacity, for a fishery measured by that method or those methods, permitted for the fishery or a part of the fishery in respect of a particular period or periods.
Section 11 of the Heard Island and McDonald Islands Fishery Management Plan 2002 (the Plan) provides that AFMA must, before the beginning of each fishing year, determine the total allowable catch (TAC) and catch limits for each species of fish for the fishing year. ‘Fishing year’ is defined in the Plan as a period of 12 months beginning on 1 December in any year.
The instrument determines the TAC for target species and catch limits for other species in the fishery for the 2011/2012 season. The target species are Patagonian Toothfish and Mackerel Icefish.
Background
The Heard Island and McDonald Islands Fishery (the Fishery) includes external territories of Australia located in the Southern Indian Ocean about 4,000 km south-west of Perth. The islands lie within the Antarctic Convergence. The waters surrounding the islands out to 200 nautical miles are part of the Australian Fishing Zone which is managed by AFMA.
The Plan provides that access to the HIMI Fishery is limited to those operators holding statutory fishing rights (SFRs) granted under the Plan.
SFRs granted under the Plan allow a quantity of Patagonian Toothfish or Mackerel Icefish to be taken in the Fishery. The weight allocated to an SFR for each target species for the fishing year is worked out by dividing the TAC for the species by the total number of SFRs in force for the species at the start of the fishing year.
Consultation
In determining the TACs AFMA must have regard to reference points for the species determined under section 10 of the Plan and consider the views of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG).
The Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) prescribed the TACs and catch limits which were reviewed by SARAG and SouthMAC. SARAG and SouthMAC both provided TAC recommendations which were accepted by the AFMA Commission and are reflected in the Determination.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature.
Details of the Determination are set out below:
Clause 1 | provides for the Determination to be cited as the HEARD ISLAND AND MCDONALD ISLANDS FISHERY TOTAL ALLOWABLE CATCH (2011/2012 SEASON) DETERMINATION No. HIMIF TAC D10. |
Clause 2 | provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments. |
Clause 3 | defines terms used in the Determination. |
Clause 4 | specifies the total allowable catch for target species and catch limits for other species in the Fishery for the 2011/2012 season. |
Overview
The Fisheries Management Act 1991 was enacted to provide a framework for the sustainable management of fisheries within Australian waters, including the management of fisheries in external territories. This Act allows the Australian Fisheries Management Authority (AFMA) to develop and implement management plans for specific fisheries. The Heard Island and McDonald Islands Fishery Management Plan 2002, which falls under the authority of this Act, mandates AFMA to determine the total allowable catch (TAC) and catch limits for each fishing year. The HEARD ISLAND AND MCDONALD ISLANDS FISHERY TOTAL ALLOWABLE CATCH (2011/2012 SEASON) DETERMINATION No. HIMIF TAC D10 was introduced to specify the TAC and catch limits for the fishery targeting Patagonian Toothfish and Mackerel Icefish for the 2011/2012 season. This determination was made in accordance with the requirements of the Fisheries Management Act 1991 and the Heard Island and McDonald Islands Fishery Management Plan 2002, with consideration given to the advice from the Sub-Antarctic Fisheries Management Advisory Committee and the Sub-Antarctic Resource Assessment Group, and in alignment with the recommendations of the Commission for the Conservation of Antarctic Marine Living Resources.
Scope and Application
The HEARD ISLAND AND MCDONALD ISLANDS FISHERY TOTAL ALLOWABLE CATCH (2011/2012 SEASON) DETERMINATION No. HIMIF TAC D10 applies to the Heard Island and McDonald Islands Fishery, which encompasses the external territories of Australia in the Southern Indian Ocean. This Act pertains specifically to the Australian Fisheries Management Authority (AFMA) and the entities or individuals holding statutory fishing rights (SFRs) under the Heard Island and McDonald Islands Fishery Management Plan 2002. The Act regulates the total allowable catch (TAC) for target species, primarily Patagonian Toothfish and Mackerel Icefish, for the 2011/2012 fishing season. The geographic jurisdiction of this Act extends to the waters surrounding Heard Island and McDonald Islands out to 200 nautical miles, which are part of the Australian Fishing Zone managed by AFMA. The determination of the TAC and catch limits for the fishing year, defined as a period of 12 months beginning on 1 December, is mandated under section 11 of the Plan and is subject to consultation with the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG). The Determination does not extend to other fisheries or regions outside the specified islands and their surrounding waters.
Key Provisions
Section 4 of the HEARD ISLAND AND MCDONALD ISLANDS FISHERY TOTAL ALLOWABLE CATCH (2011/2012 SEASON) DETERMINATION No. HIMIF TAC D10 specifies the total allowable catch (TAC) for the target species, Patagonian Toothfish and Mackerel Icefish, and sets catch limits for other species in the fishery for the 2011/2012 season. This determination, as per section 17(6)(aa) of the Fisheries Management Act 1991, allows the Australian Fisheries Management Authority (AFMA) to establish these parameters for the fishery or a part of it over a particular period. Under section 11 of the Heard Island and McDonald Islands Fishery Management Plan 2002, AFMA must determine these figures annually before the start of each fishing year, which is defined as a 12-month period beginning on 1 December of any year.
The obligations imposed on parties by this Act include ensuring that AFMA determines the TAC and catch limits in accordance with the statutory provisions and reference points set out in the Plan. AFMA must take into account the recommendations of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG). Additionally, AFMA must comply with the TACs and catch limits prescribed by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), which were reviewed and recommended by SARAG and SouthMAC. Access to the fishery is restricted to operators holding statutory fishing rights (SFRs) granted under the Plan, with the weight allocated to each SFR calculated based on the TAC for the species divided by the total number of SFRs in force at the beginning of the fishing year.
Failure to comply with the provisions of the Fisheries Management Act 1991 or the Heard Island and McDonald Islands Fishery Management Plan 2002 may result in civil or criminal penalties. The Act does not specify maximum penalties but generally includes fines and potential imprisonment for serious offences. Infractions related to exceeding catch limits or fishing without the required statutory rights may also lead to penalties under the Fisheries Management Act and associated regulations. These penalties are intended to enforce compliance and protect the sustainability of the fishery resources.