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 Determination 2013
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 2013/2014 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 Determination 2013. |
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 30 November 2014 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 2013/2014 fishing year. |
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Overview
The Heard Island and McDonald Islands Fishery Total Allowable Catch Determination 2013 was enacted to establish the total allowable catch (TAC) for target species and set catch limits for other species within the fishery for the 2013/2014 season. This legislative instrument is a direct application of the Fisheries Management Act 1991, enacted by the Australian Fisheries Management Authority (AFMA) to manage the fishery sustainably. The policy objective behind this determination is to ensure that fishing activities within the Australian Fishing Zone surrounding Heard Island and McDonald Islands are conducted in a manner that maintains the sustainability of the fishery while considering the views of relevant advisory committees and international conservation bodies. AFMA's approach involves setting precise TACs and catch limits in consultation with the Sub-Antarctic Fisheries Management Advisory Committee and the Sub-Antarctic Resource Assessment Group, reflecting international benchmarks set by the Commission for the Conservation of Antarctic Marine Living Resources.
Scope and Application
The Heard Island and McDonald Islands Fishery Management Plan 2013, established under the Fisheries Management Act 1991, sets out the regulatory framework for the management of fisheries in the waters surrounding the Heard Island and McDonald Islands, which are external territories of Australia located in the Southern Indian Ocean. The Act applies specifically to those entities and individuals holding statutory fishing rights (SFRs) granted under the Plan, which allow a specified quantity of Patagonian Toothfish or Mackerel Icefish to be taken in the fishery. AFMA is responsible for determining the total allowable catch (TAC) and catch limits for each species before the start of each fishing year, defined as a 12-month period beginning on 1 December. The geographic reach of this Act is limited to the Australian Fishing Zone surrounding the islands, extending out to 200 nautical miles. AFMA's determination of TACs and catch limits must consider the advice of the Sub-Antarctic Fisheries Management Advisory Committee and the Sub-Antarctic Resource Assessment Group, and comply with the recommendations of the Commission for the Conservation of Antarctic Marine Living Resources. The Determination ceases on 30 November 2014 unless earlier revoked.
Key Provisions
The main provisions of the Heard Island and McDonald Islands Fishery Total Allowable Catch Determination 2013 (clauses 1 to 5) outline the determination's citation, commencement, cessation, definitions, and the specified total allowable catch (TAC) and catch limits for the 2013/2014 fishing year. The Determination establishes the allowable catch for target species (Patagonian Toothfish and Mackerel Icefish) and sets limits for other species within the fishery for the mentioned period. Clause 1 names the Determination as the Heard Island and McDonald Islands Fishery Total Allowable Catch Determination 2013, while clause 2 specifies that it comes into effect the day after registration on the Federal Register of Legislative Instruments. Clause 3 stipulates that the Determination will cease on 30 November 2014 unless earlier revoked. Clause 4 provides definitions for terms used in the Determination, and clause 5 details the TAC for the target species and catch limits for other species for the 2013/2014 season.
The Act imposes several obligations on the Australian Fisheries Management Authority (AFMA). Under section 17 of the Fisheries Management Act 1991, AFMA is mandated to determine plans of management for the fishery, including determining or providing for the determination of fishing capacity. Section 11 of the Heard Island and McDonald Islands Fishery Management Plan 2002 requires AFMA to determine the TAC and catch limits for each species of fish before the start of each fishing 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, in accordance with section 10 of the Plan. Furthermore, AFMA is required to assess the compatibility of the Determination with human rights under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Breaches of the provisions in the Determination could lead to various consequences. While the Determination itself does not explicitly outline offences or penalties, breaches of the Fisheries Management Act 1991 or the Heard Island and McDonald Islands Fishery Management Plan 2002 may result in civil or criminal penalties. For instance, unauthorised fishing activities or exceeding the specified TACs could be considered violations of the Act, potentially leading to fines or imprisonment. The specific penalties for such breaches would depend on the particular provisions of the Fisheries Management Act 1991 and related regulations, which may impose fines up to several thousand Australian dollars and/or imprisonment for certain offences.