EXPLANATORY STATEMENT
Australian Fisheries Management Authority
Fisheries Management Act 1991
Heard Island and McDonald Islands Fishery Management Plan 2002
Heard Island and McDonald Islands Fishery Trawl Fishing Capacity Determination 2012 (No.2)
Section 17 of the Fisheries Management Act 1991 (the Act) provides for the Australian Fisheries Management Authority (the Authority) 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 the Authority 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 11A of the Heard Island and McDonald Islands Fishery Management Plan 2002 (the Plan) provides that the Authority must determine the minimum quota for trawl methods, expressed as a percentage of statutory fishing rights for a fishing year.
The instrument determines the trawl fishing capacity in the Heard Island and McDonald Islands Fishery for the fishing years commencing on 1 December 2012 and ending on 30 November of the following year until the year 2015.
Background
The Heard Island and McDonald Islands Fishery (the Fishery) includes external territories of Australia located in the Southern Indian Ocean about 4,000 kilometres 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 the Authority.
The Plan provides that access to the HIMI 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 instrument determines the trawl fishing capacity by specifying the percentage of statutory fishing rights that must be held to operate a trawler in the fishery.
Consultation
The Authority considered the views of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG) in making the decision. The Authority’s Commission supported the recommendation made by SouthMAC.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) 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
The Authority assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. The Authority’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 Trawl Fishing Capacity Determination 2012 (No.2). |
Clause 2 | provides that the Determination commences on 1 December 2012. |
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 minimum quota holding for trawl methods to be 25.5% of the statutory fishing rights held in the fishery for each trawler for each fishing year from 2012 to 2015. |
Overview
The Heard Island and McDonald Islands Fishery Trawl Fishing Capacity Determination 2012 (No.2) was enacted to provide for the determination of trawl fishing capacity in the Heard Island and McDonald Islands Fishery for fishing years commencing on 1 December 2012 and ending on 30 November of the following year until 2015. This instrument was introduced to address the need for specific regulations governing the capacity of trawl fishing in the waters surrounding the Heard Island and McDonald Islands, which are external territories of Australia in the Southern Indian Ocean. The determination is made under the authority provided by section 17 of the Fisheries Management Act 1991, which allows the Australian Fisheries Management Authority (the Authority) to establish plans of management for fisheries, including the specification of fishing capacity. The policy objective of this determination is to ensure sustainable fishing practices by limiting access to those operators holding statutory fishing rights and setting a minimum quota holding for trawl methods.
Scope and Application
The Heard Island and McDonald Islands Fishery Trawl Fishing Capacity Determination 2012 (No.2) applies to operators holding statutory fishing rights (SFRs) within the Heard Island and McDonald Islands Fishery, a region comprising external territories of Australia located in the Southern Indian Ocean. This Determination, enacted under the Fisheries Management Act 1991, sets specific quotas for trawl fishing capacity by prescribing the percentage of statutory fishing rights required to operate a trawler within the fishery for the fishing years starting from 1 December 2012 until 30 November 2015. The determination is bounded geographically to the waters surrounding Heard Island and McDonald Islands out to 200 nautical miles, which are part of the Australian Fishing Zone managed by the Australian Fisheries Management Authority. The Determination does not extend to other fisheries or fishing methods outside the scope of trawl fishing in the specified region and time frame.
Key Provisions
The primary operative sections of the Heard Island and McDonald Islands Fishery Trawl Fishing Capacity Determination 2012 (No.2) (the Determination) pertain to the specification of trawl fishing capacity for the fishery during the specified period. Clause 5 of the Determination specifies that the minimum quota holding for trawl methods must be 25.5% of the statutory fishing rights held in the fishery for each trawler for each fishing year from 2012 to 2015. This means that trawlers operating within the Heard Island and McDonald Islands Fishery must hold a minimum of 25.5% of the statutory fishing rights to be legally permitted to trawl fish during the specified years.
The Determination imposes obligations and requirements on parties or entities governed by it, specifically those holding statutory fishing rights (SFRs) for the Heard Island and McDonald Islands Fishery. These entities must ensure that they hold the requisite percentage of statutory fishing rights to operate a trawler in the fishery as specified by the Determination. Additionally, operators must comply with all other conditions and requirements stipulated by the Heard Island and McDonald Islands Fishery Management Plan 2002 and the Fisheries Management Act 1991. Failure to meet these requirements could result in legal consequences.
The Determination does not explicitly state any specific offences, penalties, or consequences for breach within its text. However, any breach of the requirements set out in the Determination, the Management Plan, or the Fisheries Management Act 1991 could result in civil or criminal penalties as prescribed under those Acts. For example, under the Fisheries Management Act 1991, unauthorised fishing activities could lead to fines and potential imprisonment. The exact penalties for such breaches would depend on the nature and severity of the offence as well as other relevant laws in place at the time of the breach.