EXPLANATORY STATEMENT
Australian Fisheries Management Authority
Fisheries Management Act 1991
Macquarie Island Toothfish Fishery Management Plan 2006
Macquarie Island Toothfish Fishery (Fishing Year) Determination 2021
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 subsection 17(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 2022 and ending on 14 April 2023 and for subsequent periods starting on 15 April in a year and ending on 14 April the following year.
The Determination is a legislative instrument for the purposes of the Legislation Act 2003.
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 Total Allowable Catch by the total number of SFRs in force at the start of the fishing year.
In making its decision, the AFMA Commission considered advice from the Sub-Antarctic Fisheries Resource Assessment Group and the Sub-Antarctic Fisheries Management Advisory Committee. The AFMA Commission was satisfied that the fishing year being determined was consistent with AFMA’s obligation to pursue its statutory objectives.
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 carve-out agreement with AFMA (OBPR reference. 14421) for instruments 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:
Section 1 | Provides for the Determination to be cited as the Macquarie Island Toothfish Fishery (Fishing Year) Determination 2021. |
Section 2 | Provides that the Determination commences on 15 April 2022. |
Section 3
Section 4 | Provides that this instrument is made pursuant to paragraph 17(6)(aa) of the Fisheries Management Act 1991 under section 3 of the Macquarie Island Toothfish Fishery Management Plan 2006. Provides the Determination ceases on 15 April 2032. |
Section 5 | Defines the particular terms used in the Determination. |
Section 6
| Determines the fishing year as the period starting on 15 April 2022 and ending on 14 April 2023 and for subsequent periods starting on 15 April in a year and ending on 14 April the following year. |