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.
Overview
The Macquarie Island Toothfish Fishery Total Allowable Catch (2011/2012 Season) Determination No MITF TAC D6 was enacted to address the need for determining the total allowable catch (TAC) for Patagonian toothfish for each sector of the Macquarie Island Toothfish Fishery for the 2011/2012 fishing year. The enactment was pursuant to the Fisheries Management Act 1991 (the Management Act) and the Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan), with the Australian Fisheries Management Authority (AFMA) designated as the enacting body. The primary objective of the Determination is to ensure that the TAC for Patagonian toothfish is set in a manner that considers the sustainability of the fishery, as mandated by the Management Act and the Plan. This includes consulting with relevant advisory committees and considering scientific reference points to manage the fishery effectively. The Determination reflects the TAC recommendations provided by the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG), which were accepted by the AFMA Commission.
Scope and Application
The Macquarie Island Toothfish Fishery Total Allowable Catch (2011/2012 Season) Determination No MITF TAC D6 applies to the management of the Patagonian toothfish fishery under the Fisheries Management Act 1991, specifically to the Macquarie Island Toothfish Fishery Management Plan 2006. This legislation pertains to the Australian Fisheries Management Authority (AFMA) in its capacity to determine the Total Allowable Catch (TAC) for Patagonian toothfish for the 2011/2012 fishing year. The Act applies to individuals and entities holding statutory fishing rights (SFRs) necessary for accessing the fishery, requiring them to adhere to the specified TAC and fishing capacity provisions. Geographically, the legislation's application is confined to Commonwealth waters, specifically those surrounding Macquarie Island. The Determination outlines the specific TAC for each sector of the fishery, taking into account the recommendations from the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG). The instrument does not explicitly state exclusions or thresholds but relies on the underlying provisions of the Fisheries Management Act 1991 and the Macquarie Island Toothfish Fishery Management Plan 2006. Any further application or restrictions are governed by subordinate instruments issued under these primary statutes.
Key Provisions
The Macquarie Island Toothfish Fishery Total Allowable Catch (2011/2012 Season) Determination No MITF TAC D6 outlines specific provisions for managing the Patagonian toothfish fishery around Macquarie Island for the 2011/2012 fishing year. Section 17(6)(aa) of the Fisheries Management Act 1991 mandates that the Australian Fisheries Management Authority (AFMA) can determine the fishing capacity for a fishery, which in this case includes setting the total allowable catch (TAC) for Patagonian toothfish. The Macquarie Island Toothfish Fishery Management Plan 2006 further details that AFMA must determine the TAC before the start of each fishing year, which is defined as beginning on 15 April. This determination sets the TAC for each sector of the fishery for the 2011/2012 season.
AFMA is obligated to consult with the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG) when determining the TAC. These consultations ensure that the decisions reflect the latest scientific advice and stakeholder input. Additionally, AFMA must consider reference points for the species as stipulated in the Plan. The TAC determination must also comply with the statutory fishing rights (SFRs) system, where a minimum of 25.5% of the total SFRs is required to fish in the fishery. The weight allocated to each SFR is calculated by dividing the TAC for the relevant sector by the total number of SFRs in force at the start of the fishing year.
Failure to comply with the provisions of the Macquarie Island Toothfish Fishery Management Plan 2006 or the TAC Determination could result in legal repercussions. The exact nature of these consequences would depend on the specific breach and the relevant sections of the Fisheries Management Act 1991. Penalties for non-compliance could include fines or other sanctions as prescribed by the Act, with the severity of the penalty often tied to the gravity and frequency of the breach. The determination and the Plan provide a legal framework to ensure sustainable management of the fishery and adherence to the set regulations.