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 2020
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 2020/2021 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. SouthMAC 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 Ref 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 Instrument are set out below:
Clause 1 provides for the Instrument to be cited as the Heard Island and McDonald Islands Fishery (Total Allowable Catch) Determination 2020.
Clause 2 provides that the Instrument commences on 1 December 2020.
Clause 3 provides that the Instrument ceases on 1 December 2021.
Clause 4 provides that the Instrument is made pursuant to section 17(6)(aa) of the Fisheries Management Act 1991 and 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 2020/2021 fishing year.
Overview
The Heard Island and McDonald Islands Fishery (Total Allowable Catch) Determination 2020, enacted under the Fisheries Management Act 1991, addresses the need to manage the sustainable use of fish stocks in the Heard Island and McDonald Islands Fishery. This Act was introduced to regulate fishing activities in the Australian Fishing Zone, including the Heard Island and McDonald Islands, ensuring that these activities are conducted in an environmentally sustainable manner. The Australian Fisheries Management Authority (AFMA), established under this Act, is responsible for determining management plans for fisheries, including setting the total allowable catch (TAC) and catch limits for different species. The Determination for the 2020/2021 season specifies the TAC for target species such as Patagonian toothfish and Mackerel icefish, and catch limits for other species, reflecting the policy objective of conserving marine resources while allowing for sustainable fishing practices. AFMA consults with relevant advisory committees and adheres to international standards set by bodies like CCAMLR to ensure the sustainability and proper management of the fishery.
Scope and Application
The Heard Island and McDonald Islands Fishery (Total Allowable Catch) Determination 2020 applies to the Heard Island and McDonald Islands Fishery, which encompasses the Australian external territories of Heard Island and McDonald Islands located in the Southern Indian Ocean. This Determination is made under the Fisheries Management Act 1991 and the Heard Island and McDonald Islands Fishery Management Plan 2002, and it specifies the total allowable catch (TAC) for target species, namely Patagonian toothfish and Mackerel icefish, and catch limits for other species in the fishery for the 2020/2021 season. The Determination is applicable to operators holding Statutory Fishing Rights (SFRs) granted under the Plan, who are the only entities permitted to fish in the Fishery. The Australian Fisheries Management Authority (AFMA) must determine the TACs with consideration of reference points for the species and the views of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG). The TACs and catch limits are prescribed by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) and are subject to review by SARAG and SouthMAC. The Determination commences on 1 December 2020 and ceases on 1 December 2021.
Key Provisions
The main operative sections of the Heard Island and McDonald Islands Fishery (Total Allowable Catch) Determination 2020 (the Determination) are clauses 1 through 6. Clause 1 provides the title and citation of the Determination, establishing it as a legislative instrument under the Fisheries Management Act 1991 and the Heard Island and McDonald Islands Fishery Management Plan 2002. Clause 2 specifies that the Determination comes into effect on 1 December 2020, while Clause 3 states that it will cease on 1 December 2021, aligning with the defined fishing year. Clause 4 clarifies that the Determination is made under the authority granted by section 17(6)(aa) of the Fisheries Management Act 1991 and section 11 of the Heard Island and McDonald Islands Fishery Management Plan 2002. Clause 5 defines key terms used within the Determination to ensure clarity and precision in its application. Finally, Clause 6 specifies the total allowable catch (TAC) for target species and the catch limits for other species within the fishery for the 2020/2021 fishing year.
Under this Determination, the Australian Fisheries Management Authority (AFMA) has specific obligations and requirements. AFMA must determine the TAC for target species, which in this case are Patagonian toothfish and Mackerel icefish, and set catch limits for other species for each fishing year. This determination must be made before the beginning of each fishing year, which is defined as a 12-month period starting on 1 December. In setting these limits, AFMA must consider the reference points for the species as determined under section 10 of the Heard Island and McDonald Islands Fishery Management Plan 2002, as well as the views of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG). AFMA must also ensure that the TACs and catch limits prescribed by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) are reviewed by SARAG and SouthMAC before finalizing the Determination.
The Determination includes provisions for penalties and consequences in the event of non-compliance with the specified TACs and catch limits. While the Determination itself does not explicitly detail specific offences, penalties, or consequences, breaches of the Fisheries Management Act 1991 or the Heard Island and McDonald Islands Fishery Management Plan 2002 could result in legal action. Under the Fisheries Management Act 1991, penalties for non-compliance can include fines, imprisonment, or both. The maximum penalties can vary depending on the nature and severity of the offence, but they can be substantial. Additionally, operators without valid Statutory Fishing Rights (SFRs) or those exceeding their allocated catch limits could face legal action, resulting in fines, suspension or revocation of their SFRs, and other administrative penalties. These measures are in place to enforce compliance and ensure the sustainable management of the fishery.