Heard Island and McDonald Islands Fishery Total Allowable Catch and Trawl Fishing Capacity Determination 2015

Overview

The Heard Island and McDonald Islands Fishery Total Allowable Catch and Trawl Fishing Capacity Determination 2015 was enacted to establish the total allowable catch (TAC) and catch limits for various fish species, as well as the trawl fishing capacity, for the 2015/2016 fishing season within the Heard Island and McDonald Islands Fishery. This determination is made under the authority of the Fisheries Management Act 1991, administered by the Australian Fisheries Management Authority (AFMA). The primary objective of this legislation is to ensure sustainable management of the fishery by setting appropriate catch limits and fishing capacity, in accordance with the Heard Island and McDonald Islands Fishery Management Plan 2002. The determination must consider scientific reference points, and the views of relevant advisory committees, to ensure that the fishery is managed within sustainable levels, thereby preserving the health of fish stocks and the ecosystem in the region.

Scope and Application

The Heard Island and McDonald Islands Fishery Total Allowable Catch and Trawl Fishing Capacity Determination 2015 applies to the management of fisheries around the external territories of Australia located in the Southern Indian Ocean. It specifically governs the fishing of target species, namely Patagonian Toothfish and Mackerel Icefish, within the waters surrounding Heard Island and McDonald Islands out to 200 nautical miles, which are part of the Australian Fishing Zone managed by the Australian Fisheries Management Authority (AFMA). The Determination sets out the total allowable catch (TAC) and catch limits for each species of fish for the 2015/2016 fishing year, as well as the trawl fishing capacity for that period. This legislation applies to operators who hold statutory fishing rights (SFRs) granted under the Heard Island and McDonald Islands Fishery Management Plan 2002, which restrict access to the fishery to those with such rights. The Determination is consistent with the Australian Fisheries Management Act 1991, which empowers AFMA to determine management plans for fisheries, including the fishing capacity for a fishery measured by specified methods.

Key Provisions

The primary sections of the Heard Island and McDonald Islands Fishery Total Allowable Catch and Trawl Fishing Capacity Determination 2015 (Clauses 1 to 6) establish the legislative framework for managing the fishery for the 2015/2016 season. Clause 1 provides the title of the determination, while Clause 2 specifies the commencement date, which is the day after registration on the Federal Register of Legislative Instruments. Clause 3 sets the determination's expiry date at 30 November 2016, unless it is revoked earlier. Clause 4 defines key terms used throughout the determination, ensuring clarity and uniformity in its application. Clause 5 details 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 specified fishing year. Clause 6 specifies the minimum quota for trawl methods, requiring trawlers to hold at least 25.5% of the statutory fishing rights held in the fishery. The Act imposes several obligations on the Australian Fisheries Management Authority (AFMA) and other parties involved in the fishery. Under section 17 of the Fisheries Management Act 1991, AFMA must determine plans of management for the fishery, including fishing capacity, which is further detailed in the Heard Island and McDonald Islands Fishery Management Plan 2002. Specifically, section 11 of the Plan mandates that AFMA must determine the TAC and catch limits for each species before the start of each fishing year. Additionally, section 11A requires AFMA to determine the minimum quota for trawl methods, expressed as a percentage of statutory fishing rights, for the fishing year. These provisions ensure that the fishery is managed in a sustainable manner and that the rights and obligations of all stakeholders are clearly defined. The Determination also includes provisions for potential offences and penalties for breaches of the Act and the Plan. While the explanatory statement does not specify detailed penalties, it is understood that violations of fishing regulations under the Fisheries Management Act 1991 can result in significant fines and other penalties. For instance, unauthorised fishing activities, exceeding catch limits, or non-compliance with the TAC can lead to enforcement actions by AFMA, which may include fines, confiscation of equipment, and other administrative penalties. Furthermore, persistent or severe breaches could result in criminal charges, leading to more severe penalties under Australian law. The Determination reflects AFMA's commitment to ensuring that the fishery is managed sustainably and in accordance with international standards. The TACs and catch limits have been reviewed and recommended by the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG), reflecting a collaborative approach to fisheries management. Additionally, AFMA's assessment under the Human Rights (Parliamentary Scrutiny) Act 2011 confirms that the Determination is compatible with human rights, demonstrating a balanced approach to regulatory measures. This regulatory framework aims to protect the marine ecosystem while allowing for sustainable fishing practices in the region.