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 2020
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 2020 and ending on 30 November of the following year until the year 2025.
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 (OBPR reference 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. 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 Instrument to be cited as the Heard Island and McDonald Islands Fishery (Trawl Fishing Capacity) Determination 2020. |
Clause 2 | Provides that the Instrument commences on 1 December 2020. |
Clause 3 | Provides for the Instrument to cease on 1 December 2025. |
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 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 2020 to 2025. |
Overview
The Heard Island and McDonald Islands Fishery (Trawl Fishing Capacity) Determination 2020, enacted by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, aims to regulate the fishing capacity for trawling in the Heard Island and McDonald Islands (HIMI) Fishery, which is located in the Southern Indian Ocean. This instrument was introduced to address the need for specific management of trawl fishing capacity in the HIMI Fishery by setting minimum quota requirements for trawlers operating within the fishery. The policy objective is to ensure sustainable management of the fishery by limiting access to those operators holding statutory fishing rights and ensuring that the percentage of statutory fishing rights held by trawlers meets a minimum quota for the specified fishing years. The determination was made after consultation with the Sub-Antarctic Fisheries Management Advisory Committee and the Sub-Antarctic Resource Assessment Group, and it is compatible with human rights as assessed by AFMA.
Scope and Application
The Heard Island and McDonald Islands Fishery (Trawl Fishing Capacity) Determination 2020, made under the Fisheries Management Act 1991 and the Heard Island and McDonald Islands Fishery Management Plan 2002, governs the trawl fishing capacity in the Heard Island and McDonald Islands Fishery for the fishing years from 2020 to 2025. This Determination applies to all operators who hold statutory fishing rights (SFRs) under the Plan and intend to engage in trawl fishing within the designated area, which includes the waters surrounding the islands out to 200 nautical miles. It specifies that each trawler must hold a minimum quota of 25.5% of the statutory fishing rights for each fishing year during the specified period. The determination aims to regulate and limit trawl fishing capacity to ensure sustainable fishing practices within the Australian Fishing Zone. The instrument does not apply to any other fishing methods or activities not specified under trawl fishing capacity.
Key Provisions
The main operative sections of the Heard Island and McDonald Islands Fishery (Trawl Fishing Capacity) Determination 2020 (the Determination) provide the legal framework for determining trawl fishing capacity within the Heard Island and McDonald Islands Fishery. Section 6 of the Determination specifies that, for the fishing years commencing on 1 December 2020 and ending on 30 November of the following year up until 2025, each trawler must hold a minimum quota of 25.5% of statutory fishing rights (SFR) in order to operate in the fishery. The Determination is made under section 17(6)(aa) of the Fisheries Management Act 1991 (the Act) and section 11 of the Heard Island and McDonald Islands Fishery Management Plan 2002 (the Plan).
The Determination imposes specific obligations and requirements on parties operating within the Heard Island and McDonald Islands Fishery. Operators must ensure that each trawler holds the minimum quota of 25.5% of statutory fishing rights for each fishing year from 2020 to 2025. These statutory fishing rights, granted under the Plan, allow a quantity of Patagonian toothfish or Mackerel icefish to be taken in the fishery. Failure to comply with the quota requirements would render the operator's activities non-compliant with the Determination and the Plan.
The Determination does not explicitly state any specific offences, penalties, or consequences for breach within its text. However, any breach of the provisions set out in the Determination or the Plan could potentially lead to enforcement actions under the Fisheries Management Act 1991. The Act provides for various offences, including fishing without a permit, exceeding the authorised quota, and contravening any term of a management plan or determination. Penalties for these offences can include substantial fines, imprisonment, or both, depending on the severity and circumstances of the offence. The maximum penalties for offences under the Fisheries Management Act 1991 can be significant, reflecting the importance of compliance with fishery management regulations.