EXPLANATORY STATEMENT
Australian Fisheries Management Authority
Fisheries Management Act 1991
Macquarie Island Toothfish Fishery Management Plan 2006
Macquarie Island Toothfish Fishery Total Allowable Catch (2011/2012 Season) Determination No MITF TAC D6
Section 17 of the Fisheries Management Act 1991 (Management 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 Management 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 Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan) provides that AFMA must, before the beginning of each fishing year, determine the total allowable catch (TAC) for Patagonian toothfish for each sector of the fishery. ‘Fishing year’ is defined in the Plan as a year beginning on 15 April.
This instrument determines the TAC for Patagonian toothfish for each sector of the fishery for the 2011/2012 fishing year.
The Fishery
The Management Plan provides for the grant of statutory fishing rights (SFRs) as the right for access to the Fishery.
SFRs issued under the Plan allow a quantity of Patagonian Toothfish to be taken in the two sectors of the Fishery. Under the Plan, a person must hold at least 25.5% of the total SFRs to fish in the Fishery. The weight allocated to an SFR for Patagonian Toothfish for each sector and fishing year is worked out by dividing the TAC for the sector in the fishing year by the total number of SFRs in force for the sector at the start of the fishing year.
Consultation
In determining a TAC AFMA must have regard to reference points for the species determined under section 10 of the Plan and must consult and consider the views of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG).
SARAG and SouthMAC have provided TAC recommendations for both sectors of the Fishery. These recommendations were accepted by the AFMA Commission and are reflected in the Determination.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised AFMA that a Regulation Impact Statement was not required (OBPR ID 12474).
Details of the Determination are set out below:
Clause 1 provides for the Determination to be cited as the Macquarie Island Toothfish Fishery Total Allowable Catch (2011/2012 Season) Determination No MITF TAC D6.
Clause 2 provides for the commencement of the Determination.
Clause 3 defines terms used in the Determination.
Clause 4 sets out the period of application of the Determination and the determined amounts.