EXPLANATORY STATEMENT
Issued by the authority of the 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 and Trawl Fishing Capacity Determination 2016
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.
Section 11A of the Plan provides that AFMA must determine the minimum quota for trawl methods, expressed as a percentage of statutory fishing rights for a fishing year.
The instrument determines the TAC for target species and catch limits for other species in the fishery, and the trawl fishing capacity, for the 2016/2017 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 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 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.
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 as a supporting document.
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 and Trawl Fishing Capacity Determination 2016.
Clause 2 provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
Clause 3 provides for the Determination to cease on 1 December 2017 unless earlier revoked.
Clause 4 defines the particular terms used in the Determination.
Clause 5 specifies the total allowable catch for target species and the catch limits for other species in the Fishery for the 2016/2017 fishing year.
Clause 6 specifies the minimum quota holding for trawl methods to be 25.5% of the statutory fishing rights held in the Fishery for each trawler for the 2016/2017 fishing year.
Overview
The Fisheries Management Act 1991, enacted by the Australian Parliament, serves as a comprehensive legal framework for the sustainable management of fisheries in Australian waters, including the regulation of fishing capacity and total allowable catches (TAC). Addressing the need for specific management plans in unique ecological areas such as the waters surrounding the Heard Island and McDonald Islands, the Act allows the Australian Fisheries Management Authority (AFMA) to develop tailored fishery management plans. The Heard Island and McDonald Islands Fishery Management Plan 2002, made under the authority of the Fisheries Management Act 1991, specifically governs the sustainable use of fishery resources in the waters around these islands. The policy objective is to ensure the sustainable exploitation of fishery resources while considering ecological, social, and economic factors, reflecting Australia's commitment to responsible fisheries management in its external territories. The Heard Island and McDonald Islands Fishery Total Allowable Catch and Trawl Fishing Capacity Determination 2016 further refines these objectives by setting precise TACs and trawl fishing capacities for the 2016/2017 season, ensuring that fishing activities remain within sustainable limits.
Scope and Application
The Heard Island and McDonald Islands Fishery Total Allowable Catch and Trawl Fishing Capacity Determination 2016 applies to the Heard Island and McDonald Islands Fishery managed by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. The Act applies to entities holding statutory fishing rights (SFRs) granted under the Heard Island and McDonald Islands Fishery Management Plan 2002, which are the only entities permitted to engage in fishing activities within the Australian Fishing Zone around these external territories. The Determination sets out the total allowable catch (TAC) and catch limits for the target species, Patagonian Toothfish and Mackerel Icefish, and other species for the 2016/2017 fishing year, as well as the trawl fishing capacity for this period. The Determination also specifies the minimum quota for trawl methods, which is expressed as a percentage of statutory fishing rights. The instrument extends and restricts the application of the Plan through subordinate instruments and is limited geographically to the waters surrounding Heard Island and McDonald Islands out to 200 nautical miles.
Key Provisions
The main sections of the Heard Island and McDonald Islands Fishery Total Allowable Catch and Trawl Fishing Capacity Determination 2016 (the Determination) outline the total allowable catch (TAC) and catch limits for various fish species in the fishery for the 2016/2017 season, as well as the trawl fishing capacity. Under section 5 of the Determination, the TAC for target species, which are Patagonian Toothfish and Mackerel Icefish, and the catch limits for other species are specified. Section 6 sets the minimum quota for trawl methods at 25.5% of the statutory fishing rights (SFR) for each trawler for the same period.
The Determination imposes several obligations on the parties involved. According to section 11 of the Heard Island and McDonald Islands Fishery Management Plan 2002 (the Plan), the Australian Fisheries Management Authority (AFMA) must determine the TAC and catch limits for each species before the beginning of each fishing year, which is defined as a 12-month period starting on 1 December of any year. AFMA must also consider the views of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG) when determining the TACs. Additionally, AFMA must ensure that access to the fishery is limited to operators holding statutory fishing rights granted under the Plan.
The Determination does not explicitly outline offences or penalties for non-compliance; however, it is part of a broader legislative framework under the Fisheries Management Act 1991 (the Act) and the Heard Island and McDonald Islands Fishery Management Plan 2002. Any breaches of the provisions within these acts, including the Determination, could result in civil or criminal penalties. For instance, section 478 of the Act imposes penalties for illegal fishing activities, with maximum fines and imprisonment terms that vary based on the severity of the offence. Similarly, unauthorised fishing in the designated fishery area could lead to penalties under other relevant sections of the Act or state and territory laws if applicable. AFMA, as the enforcing authority, would be responsible for investigating and prosecuting any breaches of the Determination and related provisions.