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 2017
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 2017/2018 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 2017.
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 2018 unless earlier revoked.
Clause 4 Revokes the Heard Island and McDonald Islands Fishery Total Allowable Catch Determination 2016.
Clause 5 defines the particular terms used in the Determination.
Clause 6 specifies the total allowable catch for target species and the catch limits for other species in the Fishery for the 2017/2018 fishing year.
Overview
The Fisheries Management Act 1991, enacted by the Australian Parliament, establishes the framework for the management of fisheries under Australian jurisdiction, ensuring sustainable use and conservation of marine resources. The Heard Island and McDonald Islands Fishery Management Plan 2002, implemented under this Act, specifies the management measures for the fishery in the waters surrounding the Australian external territories of Heard Island and McDonald Islands. The 2017 Heard Island and McDonald Islands Fishery Total Allowable Catch Determination addresses the need for annual setting of total allowable catches and catch limits for fisheries in this region to balance ecological sustainability with economic viability. The Australian Fisheries Management Authority (AFMA), as the responsible body, determines these measures, taking into account scientific advice and stakeholder input, with a policy objective to maintain fish stocks at sustainable levels while supporting the livelihoods of those dependent on the fishery.
Scope and Application
The Heard Island and McDonald Islands Fishery Total Allowable Catch Determination 2017 applies to the management of fisheries within the waters surrounding Heard Island and McDonald Islands, external territories of Australia in the Southern Indian Ocean. This legislation is a specific application of the broader Fisheries Management Act 1991, which empowers the Australian Fisheries Management Authority (AFMA) to establish management plans for fisheries, including the determination of total allowable catches (TACs) and catch limits. The Determination applies to entities holding Statutory Fishing Rights (SFRs) under the Heard Island and McDonald Islands Fishery Management Plan 2002, which permit certain quantities of target species, specifically Patagonian toothfish and Mackerel icefish, to be taken within the fishery. The Determination sets out the TACs for these target species and the catch limits for other species for the 2017/2018 fishing year, which is defined as a 12-month period beginning on 1 December. AFMA's determination of TACs must consider scientific reference points and recommendations from the Sub-Antarctic Fisheries Management Advisory Committee and the Sub-Antarctic Resource Assessment Group, while also aligning with prescriptions from the Commission for the Conservation of Antarctic Marine Living Resources. The Determination operates nationally within Australia’s Fishing Zone, managed by AFMA, and supersedes the previous year's determination, remaining in effect until 1 December 2018 or until revoked earlier.
Key Provisions
The main operative sections of this legislation are Clauses 1 through 6, which provide for the citation, commencement, cessation, revocation, definitions, and specifications of total allowable catch (TAC) and catch limits for the Heard Island and McDonald Islands Fishery for the 2017/2018 season. Clause 1 (2) names the legislation as the Heard Island and McDonald Islands Fishery Total Allowable Catch Determination 2017, Clause 2 (3) sets the commencement date as the day after registration on the Federal Register of Legislative Instruments, Clause 3 (4) specifies the cessation date as 1 December 2018 unless earlier revoked, Clause 4 (5) revokes the previous year's determination, Clause 5 (6) defines key terms used in the legislation, and Clause 6 (7) specifies the TACs for target species and catch limits for other species for the 2017/2018 fishing year.
The Act imposes specific obligations on the Australian Fisheries Management Authority (AFMA), including determining the TAC and catch limits for each species before the start of each fishing year, in accordance with the Heard Island and McDonald Islands Fishery Management Plan 2002. AFMA must consider the views of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG) and take into account the reference points for species determined under the Plan. Furthermore, AFMA must ensure that access to the Fishery is limited to those operators holding Statutory Fishing Rights (SFRs) granted under the Plan. AFMA must also assess the compatibility of this legislation with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011.
Breaching the provisions of this legislation may result in civil and criminal penalties. However, the legislation does not explicitly state any specific offences, penalties, or consequences for breach. The maximum penalties would depend on the nature of the breach and would be determined in accordance with other relevant legislation governing fisheries management in Australia. It is important to note that non-compliance with the TACs and catch limits may result in legal consequences, including fines and potential revocation of SFRs, as well as reputational damage to operators involved in the fishery.