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 2019
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 2019/2020 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 (OBPR Carve Out number 14421).
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 2019.
Clause 2 provides that the Determination commences on the day after it is registered on the Federal Register of Legislation.
Clause 3 provides for the Determination to cease on 1 December 2020 unless earlier revoked.
Clause 4 provides that the Determination is made pursuant to section 17(6)(aa) of the Fisheries Management Act 1991 under Section 11 of the Heard Island and McDonald Islands Fishery Management Plan 2002.
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 2019-2020 fishing year.
Overview
The Fisheries Management Act 1991, enacted by the Commonwealth Parliament, establishes the framework for managing fisheries under Australian jurisdiction, including the Heard Island and McDonald Islands Fishery. This Act addresses the need for sustainable management of fish stocks in Australian waters, ensuring they are harvested at levels that allow for their conservation and optimal use. The 2019 Heard Island and McDonald Islands Fishery (Total Allowable Catch) Determination was introduced to set the total allowable catch (TAC) and catch limits for the 2019/2020 fishing season, ensuring the fishery is managed in accordance with the provisions of the Fisheries Management Act and the Heard Island and McDonald Islands Fishery Management Plan 2002. This Determination was made under the authority of the Australian Fisheries Management Authority (AFMA) and aligns with the policy objective of maintaining sustainable fish stocks while facilitating responsible fishing practices in the region.
Scope and Application
The Heard Island and McDonald Islands Fishery (Total Allowable Catch) Determination 2019 applies to the management of the fishery surrounding the Australian external territories of Heard Island and McDonald Islands in the Southern Indian Ocean. This legislation is enacted under the Fisheries Management Act 1991 and the Heard Island and McDonald Islands Fishery Management Plan 2002, and is concerned specifically with determining the total allowable catch (TAC) and catch limits for target species such as Patagonian toothfish and Mackerel icefish for the 2019/2020 fishing year. The Act applies to entities and persons holding Statutory Fishing Rights (SFRs) granted under the Plan, which allow for the taking of specified quantities of fish within the fishery. The management of this fishery falls under the purview of the Australian Fisheries Management Authority (AFMA), which must consider the views of advisory committees and reference points when determining TACs and catch limits. The Determination ceases on 1 December 2020 unless earlier revoked.
Key Provisions
The main operative sections of the Heard Island and McDonald Islands Fishery (Total Allowable Catch) Determination 2019 include the citation of the determination, the commencement date, the duration of the determination, and the specification of total allowable catches (TAC) and catch limits for the 2019-2020 fishing year. Clause 1 provides the title of the determination, Clause 2 sets the commencement date as the day after registration on the Federal Register of Legislation, Clause 3 specifies that the determination will cease on 1 December 2020 unless earlier revoked, and Clause 6 outlines the TAC for target species and catch limits for other species for the specified fishing year.
The obligations and requirements imposed by the Act on the parties or entities it governs include determining the TAC for target species and catch limits for other species before the start of each fishing year. Under section 11 of the Heard Island and McDonald Islands Fishery Management Plan 2002, AFMA must determine these figures before the beginning of each fishing year, which is defined as a 12-month period beginning on 1 December. 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 TAC and catch limits are prescribed by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), reviewed by SARAG and SouthMAC, and accepted by the AFMA Commission.
Offences and penalties for breaches of the Act are not explicitly detailed in the provided text; however, it is implied that failure to comply with the requirements and determinations could result in legal consequences. Typically, breaches of fishery management plans and determinations could lead to enforcement actions, fines, and other penalties as prescribed by the Fisheries Management Act 1991. The exact nature and severity of these penalties would be defined in the broader context of the Act and related regulations, including potential administrative and criminal penalties.