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 2014
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 2014/2015 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 2014. |
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 2015 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 2014/2015 fishing year. |
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Overview
The Heard Island and McDonald Islands Fishery Total Allowable Catch Determination 2014 was enacted to address the need for specific management of fish stocks in the waters surrounding the Australian external territories of Heard Island and McDonald Islands. This legislation operates under the authority of the Fisheries Management Act 1991, which empowers the Australian Fisheries Management Authority (AFMA) to create management plans for fisheries. The primary objective of this determination is to set the total allowable catch (TAC) and catch limits for the 2014/2015 fishing year, specifically for target species such as Patagonian Toothfish and Mackerel Icefish, in alignment with the Heard Island and McDonald Islands Fishery Management Plan 2002. In determining these limits, AFMA considers the advice of the Sub-Antarctic Fisheries Management Advisory Committee and the Sub-Antarctic Resource Assessment Group, ensuring that the measures are scientifically sound and sustainable. This legislative instrument is designed to maintain the ecological balance of the fishery while supporting the interests of those with statutory fishing rights.
Scope and Application
The Heard Island and McDonald Islands Fishery Total Allowable Catch Determination 2014 applies to the Heard Island and McDonald Islands Fishery, which is an external territory of Australia located in the Southern Indian Ocean. This determination sets the total allowable catch (TAC) for target species and catch limits for other species within the fishery for the 2014/2015 season. The legislation is applicable to all operators holding statutory fishing rights (SFRs) granted under the Heard Island and McDonald Islands Fishery Management Plan 2002. The Australian Fisheries Management Authority (AFMA) is responsible for determining the TAC and catch limits for the fishery, in accordance with the Fisheries Management Act 1991 and the relevant management plan. The waters surrounding the islands out to 200 nautical miles are part of the Australian Fishing Zone, managed by AFMA. The instrument also stipulates that AFMA must consider the views of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG) when determining the TACs, and these recommendations are reflected in the Determination.
Key Provisions
The key provisions of the Heard Island and McDonald Islands Fishery Total Allowable Catch Determination 2014 (Clauses 1-5) establish the legal framework for managing the fishery during the 2014/2015 fishing year. Clause 1 names the Determination, Clause 2 sets its commencement date, Clause 3 specifies its cessation date, Clause 4 defines terms used within it, and Clause 5 specifies the total allowable catch (TAC) for target species and catch limits for other species. These clauses collectively ensure a clear and legally binding structure for managing the fishery within the specified period.
Under this Determination, the Australian Fisheries Management Authority (AFMA) is obligated to determine the TAC and catch limits for the 2014/2015 fishing year for the target species, Patagonian Toothfish and Mackerel Icefish, as stipulated in Clause 5. This obligation necessitates that AFMA takes into account reference points for the species, as outlined in Section 11 of the Heard Island and McDonald Islands Fishery Management Plan 2002, and consults with the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG). These consultations ensure that the TACs and catch limits are scientifically sound and reflect the views of relevant stakeholders. Additionally, AFMA must ensure that the TACs and catch limits are consistent with the recommendations of SARAG and SouthMAC, which are reviewed by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR).
Failure to comply with the provisions of this Determination can lead to various civil or criminal consequences, depending on the nature and severity of the breach. While the Determination itself does not explicitly outline specific penalties, breaches of the Fisheries Management Act 1991 or the Heard Island and McDonald Islands Fishery Management Plan 2002 could result in penalties under those Acts. For instance, under the Fisheries Management Act 1991, penalties for non-compliance can include fines and imprisonment, with the exact penalties depending on the specific breach and applicable state or territory laws. Furthermore, any actions that contravene international obligations under CCAMLR could also lead to diplomatic or regulatory repercussions, impacting the compliance and reputation of the entities involved.
In conclusion, the Heard Island and McDonald Islands Fishery Total Allowable Catch Determination 2014 sets out clear requirements for managing the fishery for the specified season, including the determination of TACs and catch limits. It imposes obligations on AFMA to ensure these are scientifically based and aligned with stakeholder recommendations. Non-compliance with these provisions could result in significant civil and criminal penalties, as well as broader regulatory consequences.