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
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 11A of the Heard Island and McDonald Islands Fishery Management Plan 2002 (the Plan) provides that AFMA 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. The Determination ceases on 30 November 2012.
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 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 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
AFMA 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 AFMA decision supports 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
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
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. |
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 2012. |
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. |
Overview
The Heard Island and McDonald Islands Fishery Trawl Fishing Capacity Determination 2012 was enacted to address the need for specific management of trawl fishing capacity within the Heard Island and McDonald Islands Fishery, managed by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. The Determination aims to regulate the percentage of statutory fishing rights required for trawlers operating within this fishery, ensuring sustainable fishing practices and maintaining the ecological balance of the region. It was enacted by AFMA, in consultation with the Sub-Antarctic Fisheries Management Advisory Committee and the Sub-Antarctic Resource Assessment Group, reflecting the policy objective of supporting sustainable fisheries management in the Southern Indian Ocean. The Determination outlines the necessary quota holding for trawl methods, specifying that trawlers must hold at least 25.5% of the statutory fishing rights available in the fishery.
Scope and Application
The Heard Island and McDonald Islands Fishery Trawl Fishing Capacity Determination 2012 applies to the Heard Island and McDonald Islands Fishery, which encompasses the waters surrounding the Australian external territories located in the Southern Indian Ocean. This Determination is made under Section 17 of the Fisheries Management Act 1991, which empowers the Australian Fisheries Management Authority (AFMA) to establish management plans for fisheries, including the specification of fishing capacity. The Determination specifically applies to trawl fishing activities within the Fishery and is limited to those operators holding statutory fishing rights (SFRs) granted under the Heard Island and McDonald Islands Fishery Management Plan 2002. The Determination sets the trawl fishing capacity by specifying that trawlers must hold a minimum quota equivalent to 25.5% of the statutory fishing rights held in the fishery. The Determination's geographic reach is confined to the Australian Fishing Zone, extending 200 nautical miles from the islands, and it ceases to be in effect on 30 November 2012. The Determination does not specify exclusions or exemptions, but it operates within the broader framework of the Fisheries Management Act 1991 and the Heard Island and McDonald Islands Fishery Management Plan 2002.
Key Provisions
The main sections of the Heard Island and McDonald Islands Fishery Trawl Fishing Capacity Determination 2012 (Clauses 1 to 5) detail the name, commencement, cessation, definition of terms, and the specific minimum quota holding requirements for trawl fishing methods. Specifically, Clause 5 states that each trawler must hold a minimum quota of 25.5% of the statutory fishing rights available in the fishery. This Determination is a direct application of the provisions in Section 17 of the Fisheries Management Act 1991, which empowers the Australian Fisheries Management Authority (AFMA) to set management plans, including capacity limits for fisheries. Under Section 11A of the Heard Island and McDonald Islands Fishery Management Plan 2002, AFMA is mandated to determine the minimum quota for trawl methods as a percentage of statutory fishing rights for each fishing year.
The Determination imposes several obligations on the parties it governs. Operators who wish to engage in trawl fishing within the Heard Island and McDonald Islands Fishery must ensure they hold statutory fishing rights (SFRs) as stipulated in the Plan. The Determination specifies that these operators must maintain a minimum quota of 25.5% of the statutory fishing rights for each trawler. This requirement ensures that only those with sufficient quota rights can operate trawlers in the specified fishery, thereby managing fishing capacity effectively and ensuring compliance with the broader management objectives outlined in the Fishery Management Plan.
Failure to comply with the provisions of the Determination can lead to several consequences. While the Determination itself does not explicitly outline specific offences or penalties, breaches of the Fisheries Management Act 1991 or the Heard Island and McDonald Islands Fishery Management Plan 2002 can result in civil or criminal penalties. Under the Fisheries Management Act 1991, penalties for non-compliance can include fines and imprisonment. For instance, Section 176 of the Act provides for fines up to $132,000 for individuals and $660,000 for corporations, alongside other penalties such as imprisonment. These provisions underscore the importance of adhering to the specified fishing capacity and quota requirements to avoid legal repercussions.