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 Trawl Fishing Capacity Determination 2017
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 2017 and ending on 30 November of the following year until the year 2020.
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. This 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 AFMA 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
AFMA 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 2017. |
Clause 2 | Provides that the Determination commences on 1 December 2017. |
Clause 3 | Provides for the Determination to cease on 1 December 2020 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 2017 to 2020. |
Overview
The Heard Island and McDonald Islands Fishery Trawl Fishing Capacity Determination 2017 was enacted to address the specific needs of managing trawl fishing capacity in the Heard Island and McDonald Islands Fishery, which is located in the Southern Indian Ocean. This Determination was made under the authority of the Fisheries Management Act 1991 and the Heard Island and McDonald Islands Fishery Management Plan 2002, enabling the Australian Fisheries Management Authority to regulate the percentage of statutory fishing rights required to operate a trawler within the fishery. The objective of this legislation is to ensure sustainable management of the fishery, particularly concerning trawl fishing activities, by setting a minimum quota holding requirement for trawlers from the fishing years starting on 1 December 2017 through to 30 November 2020. This Determination was made in consultation with relevant advisory committees and aligns with the overarching policy of maintaining sustainable fishing practices in the Australian Fishing Zone.
Scope and Application
The Heard Island and McDonald Islands Fishery Trawl Fishing Capacity Determination 2017 applies to entities engaged in trawl fishing within the Heard Island and McDonald Islands Fishery, specifically targeting Patagonian Toothfish and Mackerel Icefish. This determination is a subordinate instrument under the Fisheries Management Act 1991, establishing specific regulations for fishing capacity through statutory fishing rights for the fishery, which extends over the waters surrounding the islands out to 200 nautical miles, part of Australia's Fishing Zone. The Determination applies from 1 December 2017 through to 30 November 2020, unless revoked earlier, and is confined to operators who hold statutory fishing rights granted under the Heard Island and McDonald Islands Fishery Management Plan 2002. The Determination mandates that each trawler must hold a minimum quota equivalent to 25.5% of the statutory fishing rights for each fishing year within the specified period. This legislative instrument does not include any explicit exclusions, exemptions, or thresholds beyond those specified in the primary Plan and the Determination itself.
Key Provisions
The Heard Island and McDonald Islands Fishery Trawl Fishing Capacity Determination 2017 (Clause 1) provides specific guidelines for the management of trawl fishing capacity in the waters surrounding Heard Island and McDonald Islands for the specified period from 2017 to 2020. This determination, which commences on 1 December 2017 (Clause 2), establishes the minimum quota holding requirements for trawlers operating within the fishery. Clause 3 states that the determination will cease on 1 December 2020 unless revoked earlier. To ensure clarity and precision, Clause 4 defines specific terms used throughout the document, ensuring that all parties understand the scope and application of the determination. Clause 5 is the most critical provision, specifying that trawlers must hold at least 25.5% of statutory fishing rights (SFRs) for each fishing year from 2017 to 2020.
Under this legislation, operators must comply with the specified quota holding requirements to legally operate a trawler in the Heard Island and McDonald Islands Fishery. The Authority, pursuant to Section 11A of the Heard Island and McDonald Islands Fishery Management Plan 2002, is mandated to determine the minimum quota for trawl methods. By setting this quota at 25.5% of the statutory fishing rights, the Determination seeks to manage the fishing capacity effectively, ensuring sustainable fishing practices. The statutory fishing rights granted under the Plan allow operators to take a certain quantity of Patagonian Toothfish or Mackerel Icefish, and these rights must be held to operate within the fishery.
Failure to comply with the provisions of this Determination could result in legal repercussions. While the explanatory statement does not detail specific offences, penalties, or consequences, it is reasonable to infer that non-compliance could lead to legal action under the Fisheries Management Act 1991. Penalties for breaches of fishery management laws can include fines and other sanctions that vary depending on the severity and frequency of the offence. The Authority has the power to enforce these regulations and can take appropriate action against operators who do not adhere to the specified quota holding requirements. Given the importance of sustainable fishing practices in the region, penalties may be substantial to ensure compliance and protect the marine ecosystem.