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. |
Overview
The Macquarie Island Toothfish Fishery (Fishing Year) Determination 2021 was enacted by the Australian Fisheries Management Authority (AFMA) under the authority granted by the Fisheries Management Act 1991. This legislation was introduced to address the need for a precise and consistent fishing year definition for the Macquarie Island Toothfish Fishery, which lies in waters adjacent to Macquarie Island, under Tasmanian jurisdiction but within the Australian Fishing Zone managed by AFMA. The Macquarie Island Toothfish Fishery Management Plan 2006 outlines the management framework for this fishery, including the allocation of statutory fishing rights (SFRs) necessary for access. The primary policy objective behind this determination is to ensure the sustainable management of the fishery by setting clear and consistent periods for fishing activities, thus facilitating better regulation and monitoring in line with AFMA's statutory objectives.
Scope and Application
The Macquarie Island Toothfish Fishery (Fishing Year) Determination 2021 applies to the management of the Macquarie Island Toothfish Fishery, specifically to the determination of the fishing year period for that fishery. It is applicable to entities and individuals holding statutory fishing rights (SFRs) granted under the Macquarie Island Toothfish Fishery Management Plan 2006. The Macquarie Island Toothfish Fishery is located in waters adjacent to Macquarie Island, which falls under Tasmanian jurisdiction but is managed by the Australian Fisheries Management Authority (AFMA) as part of the Australian Fishing Zone. The Determination sets the fishing year period from 15 April 2022 to 14 April 2023, and for subsequent periods starting on 15 April and ending on 14 April of the following year. The Determination is made under the authority provided by section 17 of the Fisheries Management Act 1991 and section 3 of the Macquarie Island Toothfish Fishery Management Plan 2006, and it is a legislative instrument under the Legislation Act 2003. The Determination does not specify any exclusions or exemptions but sets a specific period for the fishing year in the Macquarie Island Toothfish Fishery, impacting those who hold statutory fishing rights under the relevant management plan.
Key Provisions
The Macquarie Island Toothfish Fishery (Fishing Year) Determination 2021 (the Determination) is a legislative instrument made under section 17(6)(aa) of the Fisheries Management Act 1991 (the Act) and section 3 of the Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan). It specifies the fishing year for the Macquarie Island Toothfish Fishery, which starts on 15 April 2022 and ends on 14 April 2023, with subsequent fishing years following the same pattern. The Determination aims to provide clarity and consistency in the management of the fishery, ensuring that the fishing year is clearly defined and understood by all relevant parties.
The Determination imposes specific obligations and requirements on parties involved in the Macquarie Island Toothfish Fishery. Under the Plan, access to the fishery is limited to operators holding statutory fishing rights (SFRs) granted under the Plan. These SFRs allow a specified quantity of Patagonian toothfish to be taken within the fishery. 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 is calculated by dividing the Total Allowable Catch by the total number of SFRs in force at the start of the fishing year. This ensures that the fishery is managed in a sustainable and equitable manner, with clear guidelines for allowable catches and participation.
Failure to comply with the provisions of the Determination and the Plan may result in various legal consequences. While the Determination itself does not specify particular offences or penalties, breaches of the Fisheries Management Act 1991 or the Macquarie Island Toothfish Fishery Management Plan 2006 can lead to civil or criminal penalties. Under the Act, offences may include unauthorised fishing, exceeding allowable catches, or failing to comply with management measures. Penalties for breaches can vary, with potential fines and other sanctions for both individuals and corporations. The severity of the penalty often depends on the nature and extent of the breach, as well as any previous convictions.
In summary, the Macquarie Island Toothfish Fishery (Fishing Year) Determination 2021 sets out the fishing year for the Macquarie Island Toothfish Fishery, imposes specific obligations on participants, and ensures the fishery is managed sustainably. While the Determination does not explicitly outline penalties, breaches of related legislation can result in significant legal consequences, including fines and other sanctions. It is important for all parties involved in the fishery to be aware of and comply with the provisions of the Determination and the broader legislative framework to avoid potential penalties.