Overview

The Macquarie Island Toothfish Fishery Fishing Year Determination 2013 was enacted to provide a framework for the management of the Macquarie Island Toothfish Fishery under the Fisheries Management Act 1991. This legislative instrument was introduced to address the need for a clearly defined fishing year to effectively manage the fishery, ensuring that the fishing activities are regulated in a manner that protects the target and non-target fish stocks while minimising environmental impacts. The determination was made by the Australian Fisheries Management Authority (AFMA) in accordance with Section 17 of the Fisheries Management Act 1991, which allows AFMA to set management plans for fisheries, including the fishing capacity and period. The policy objective of this legislation is to establish a consistent and predictable fishing year, starting on 15 April and ending on 30 April the following year, thereby facilitating better management and sustainability of the fishery.

Scope and Application

The Macquarie Island Toothfish Fishery Fishing Year Determination 2013 applies to the management of the Macquarie Island Toothfish Fishery, a fishery overseen by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This legislation governs the fishing year for the fishery, which is defined as the period beginning on 15 April of any given year and concluding on 30 April of the following year. The Act applies to all entities and persons involved in the fishery, including fishing vessels, operators, and processors, within the Commonwealth waters surrounding Macquarie Island. Macquarie Island itself falls under Tasmanian jurisdiction, but the waters beyond the three nautical mile limit are subject to Commonwealth regulation. The legislation excludes any activities occurring within the three nautical mile boundary of Macquarie Island, which is classified as a Nature Reserve under Tasmanian law. The Macquarie Island Toothfish Fishery is primarily focused on the Patagonian Toothfish, with management strategies that include both output controls, such as quota statutory fishing rights, and input controls, such as restrictions on the number of boats and types of gear used. AFMA is responsible for setting total allowable catches to ensure the sustainability of both target and non-target fish stocks, and imposes strict operating conditions to minimise environmental impacts.

Key Provisions

The Macquarie Island Toothfish Fishery Fishing Year Determination 2013 is a legislative instrument that establishes the fishing year for the Macquarie Island Toothfish Fishery under the Fisheries Management Act 1991 (the Act). This Determination, which is based on the authority granted in Section 17(6)(aa) of the Act, specifies the timeframes for the fishing year ((1) and (4)). The Macquarie Island Toothfish Fishery is managed under the Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan), and this Determination aligns with the Plan by setting the fishing year from 15 April 2012 to 30 April 2013, with subsequent years beginning on 1 May and ending on 30 April the following year ((4)). Under the Act, the Australian Fisheries Management Authority (AFMA) is tasked with determining plans of management for fisheries, which may include setting fishing capacity and determining the fishing year ((17)(6)(aa)). This Determination ensures that the fishing year for the Macquarie Island Toothfish Fishery is clearly defined, providing a structured framework for fishing operations within the specified timeframes. The waters surrounding Macquarie Island, which are subject to this Determination, are under Commonwealth jurisdiction beyond the three nautical miles boundary, while the waters within three nautical miles are part of Tasmanian State waters ((3)). The Determination supports the management of the fishery by setting the operational period for fishing activities, thereby facilitating the implementation of the quota statutory fishing rights and other management measures outlined in the Plan. AFMA is required to consult with relevant stakeholders, such as the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group, when making decisions related to the management of the fishery ((Clause 4)). This ensures that the Determination reflects the best available scientific advice and stakeholder input, thereby promoting effective and sustainable management of the fishery. Additionally, AFMA must assess the compatibility of this Determination with human rights, as required by Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011, and a Statement of Compatibility is provided as a supporting document ((Clause 3)). Failure to comply with the provisions of this Determination or the management measures set out in the Macquarie Island Toothfish Fishery Management Plan 2006 may result in civil or criminal penalties under the Fisheries Management Act 1991. These penalties can include fines and, in more serious cases, imprisonment. The maximum penalties are determined by the severity of the breach and are outlined in the Act. AFMA enforces these provisions to ensure that fishing activities within the Macquarie Island Toothfish Fishery are conducted in accordance with the established management plans and regulatory requirements.