EXPLANATORY STATEMENT
Issued by the Australian Fisheries Management Authority
Fisheries Management Act 1991
Macquarie Island Toothfish Fishery Management Plan 2006
Determination No. MITF TAC D3
Total Allowable Catch Determination - 2008/2009 Season
Macquarie Island Toothfish Fishery
Subsection 17(6)(aa) of the Fisheries Management Act 1991 (the Management Act) provides that a plan of management made under the Management Act may provide for the Australian Fisheries Management Authority (AFMA) to determine the fishing capacity permitted for the Fishery, in respect of a particular period or periods.
Background
The Macquarie Island Toothfish Fishery Management Plan 2006 (the Management Plan) provides for the grant of statutory fishing rights (SFRs) as the right for access to the Macquarie Island Toothfish Fishery (the Fishery).
SFRs issued under the Management Plan allow a quantity of Patagonian toothfish to be taken in the two sectors (Aurora Trough and Macquarie Ridge) of the Fishery. Under the Plan, a person must hold at least 25.5% of the SFRs to fish in the Fishery. A total weight for Patagonian toothfish for each sector will be allocated to the Fishery for each fishing season. Fishers will then be limited in the amount of Patagonian toothfish they can take each year by the number of SFRs they hold for each sector.
Section 11 of the Management Plan provides for AFMA to determine the total allowable catch (TAC) before the beginning of each fishing year, for each species of fish for the fishing year. Fishing year is defined in the Management Plan as a period of 12 months beginning on 1 July in any year.
Aurora Trough Sector
The TAC setting process in the Aurora Trough sector of the MITF relies on recommendations based on an annual stock assessment. Due to a delay in the delivery of the 2008 assessment, an alternative approach to setting the TAC in the Aurora Trough sector has been developed.
The approach, modelled on that used in the Southern Bluefin Tuna fishery when no decision on the TAC has been reached by the Commission for the Conservation of Southern Bluefin Tuna (CCSBT), is composed of 3 steps:
a) set the TAC for the Aurora Trough sector of the MITF of Patagonian toothfish at the same level as was set for the 2007/08 season (390 tonnes);
b) implement by Direction a spatial closure of the Aurora Trough sector of the fishery from 30 June 2008 until such time as the stock assessment for the Aurora Trough is completed and the AFMA Board has considered what would be an appropriate catch limit. Therefore AFMA has made MITF Closure direction No. 1 of 2008 closing the fishery. Once the stock assessment for the sector has been completed and an appropriate catch limit has been agreed by the AFMA Board the sector will then be reopened;
c) as the Management Plan does not allow for a variation of a TAC once set, if the catch limit is below the TAC set, the Aurora Trough sector would be closed by a further spatial closure once the catch limit had been reached.
TACs for the Aurora Trough sector of the fishery have been based on a conservative harvest strategy which results in precautionary limits being set.
Macquarie Ridge Sector and Bycatch TACs
The TAC for the Macquarie Ridge sector and the bycatch TAC for the fishery have been based on a conservative harvest strategy which results in precautionary limits being set.
Objectives
To determine the TAC for Patagonian toothfish and bycatch species for the 2008/09 fishing season for the Macquarie Island Toothfish Fishery.
Consultation
Section 11 of the Management Plan outlines the procedures for determining the TACs and catch limits and states that AFMA must consult and consider the views of the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC). SARAG and SouthMAC have provided TAC recommendations for all sectors of the MITF, which are reflected in the Determination made by the AFMA Board.
Regulation Impact Statement
The Office of Regulation Review has advised that a Regulation Impact Statement is not required on the basis that the Determination is of a minor or machinery nature and does not substantially alter existing arrangements (ID 9693).
Determination
Details of the Determination are set out below:
Paragraph 1
Paragraph 1 provides for the Determination to be cited as MITF 2008/09 TAC D3 Determination.
Paragraph 2
Paragraph 2 provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.
Paragraph 3
Paragraph 3 states the persons to whom the Determination applies.
Paragraph 4
Paragraph 4 defines the particular terms used in the Determination
Paragraph 5
Paragraph 5 specifies the total allowable catches for the 2008/09 season for Patagonian toothfish and bycatch species.