EXPLANATORY STATEMENT
Australian Fisheries Management Authority
Fisheries Management Act 1991
Macquarie Island Toothfish Fishery Management Plan 2006
Macquarie Island Toothfish Fishery Fishing Year Determination 2015
Section 17 of the Fisheries Management Act 1991 (the Act) provides for the Australian Fisheries Management Authority (AFMA) to determine plans of management for a fishery.
Paragraph (aa) of subsection17(6) of the 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.
The definition of fishing year in Section 3 of the Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan) provides for AFMA to determine the period of the fishing year.
The instrument determines the fishing year as the period starting on 15 April 2015 and ending on 14 April 2016 and for subsequent periods starting on 15 April in a year and ending on 14 April of the following year.
Background
The Fishery lies in waters adjacent to Macquarie Island. Macquarie Island falls under Tasmanian jurisdiction and is located outside the Antarctic convergence, approximately 1500 kilometres south east of Hobart. The waters surrounding the Island out to 200 nautical miles are part of the Australian Fishing Zone which is managed by AFMA.
The Plan provides that access to the 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 to be taken in 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 the fishing year is worked out by dividing the TAC by the total number of SFRs in force at the start of the fishing year.
The reason for the change in the season dates is to allow the fishing industry to access the agreed Total Allowable Catch (TAC) for the 2015/16 season two weeks earlier. The additional two weeks at the start of the season provides industry with further flexibility to catch the TAC, while still avoiding interactions with seabirds which are more prevalent in the spring and summer months. In making its decision, the AFMA Commission considered advice from the Sub-Antarctic Fisheries Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC).
Regulation Impact Statement
The Office of Best Practice Regulation has advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement updated on 30th June 2014 to cover specific routine 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. AFMA’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 Macquarie Island Toothfish Fishery Fishing Year Determination 2015. |
Clause 2 | provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments. |
Clause 3 Clause 4 | provides the Determination ceases as if it was revoked on 15 April 2022. revokes the Macquarie Island Toothfish Fishery Fishing Year Determination 2013 |
Clause 5 | defines the particular terms used in the Determination. |
Clause 6 | determines the fishing year as the period starting on 15 April 2015 and ending on 14 April 2016 and for subsequent periods starting on 15 April in a year and ending on 14 April of the following year. |
Overview
The Macquarie Island Toothfish Fishery Fishing Year Determination 2015 was enacted by the Australian Fisheries Management Authority (AFMA) under the authority provided by Section 17 of the Fisheries Management Act 1991. This instrument was introduced to address the need for adjusting the fishing year for the Macquarie Island Toothfish Fishery, allowing for better alignment with industry requirements and conservation objectives. The Macquarie Island Toothfish Fishery, located in waters around Macquarie Island, is subject to specific management under the Macquarie Island Toothfish Fishery Management Plan 2006, which governs the allocation of statutory fishing rights and the total allowable catch. The primary policy objective of this determination is to provide the fishing industry with additional flexibility to meet the Total Allowable Catch for the 2015/16 season while mitigating potential impacts on seabirds, which are more active during the spring and summer months.
Scope and Application
The Macquarie Island Toothfish Fishery Fishing Year Determination 2015 applies to the Macquarie Island Toothfish Fishery, which is managed by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This Act authorises AFMA to determine the fishing year for the fishery, and the Determination sets out the specific period for the fishing year starting on 15 April 2015 and ending on 14 April 2016, with subsequent years following the same pattern. The Macquarie Island Toothfish Fishery is located in waters adjacent to Macquarie Island, which falls under Tasmanian jurisdiction, but is part of the Australian Fishing Zone managed by AFMA. The fishing year determination is relevant to all operators holding statutory fishing rights (SFRs) granted under the Macquarie Island Toothfish Fishery Management Plan 2006, which limits access to the fishery to those with at least 25.5% of the total SFRs. The Determination revokes the Macquarie Island Toothfish Fishery Fishing Year Determination 2013, ensuring that the new dates apply from the 2015/16 fishing year onwards.
Key Provisions
The Macquarie Island Toothfish Fishery Fishing Year Determination 2015 (Clause 6) sets the fishing year for the Macquarie Island Toothfish Fishery to commence on 15 April 2015 and conclude on 14 April 2016, with subsequent years similarly beginning on 15 April and ending on 14 April the following year. This determination is crucial for establishing the operational timeline for the fishery, ensuring that all fishing activities adhere to a clearly defined schedule.
Under this legislation, the Australian Fisheries Management Authority (AFMA) is mandated to manage the Macquarie Island Toothfish Fishery in accordance with the specified fishing year. The authority must ensure that all fishing operations are conducted within the prescribed period, starting from 15 April 2015, and that all operators comply with the statutory fishing rights (SFRs) as outlined in the Macquarie Island Toothfish Fishery Management Plan 2006. AFMA's responsibilities include monitoring and enforcing compliance with the TAC, ensuring that interactions with seabirds are minimized, and maintaining the sustainability of the fishery.
Operators within the Macquarie Island Toothfish Fishery are obligated to hold statutory fishing rights (SFRs) granted under the Macquarie Island Toothfish Fishery Management Plan 2006. These rights dictate the quantity of Patagonian toothfish that can be taken during the fishing year. Operators must possess at least 25.5% of the total SFRs to participate in the fishery. Additionally, the weight allocated to each SFR is determined by dividing the Total Allowable Catch (TAC) by the total number of SFRs in force at the start of the fishing year.
Any breach of the provisions set out in the Macquarie Island Toothfish Fishery Fishing Year Determination 2015 could lead to civil or criminal consequences. The Fisheries Management Act 1991 (Section 126) provides for penalties that can include fines and imprisonment for serious violations. The exact penalties depend on the nature and severity of the breach but can be significant, reflecting the importance of compliance with the fishery management plan and the fishing year determination. AFMA is empowered to take enforcement actions to ensure adherence to the legislation, protecting the integrity and sustainability of the fishery.