Overview

The Macquarie Island Toothfish Fishery Management Plan 2006 Determination No. MITF TAC D3, enacted by the Australian Fisheries Management Authority (AFMA) in 2008, addresses the need to set total allowable catches (TAC) for the 2008/09 fishing season for Patagonian toothfish and bycatch species within the Macquarie Island Toothfish Fishery (MITF). This determination was introduced to ensure the sustainable management of the fishery, adhering to the provisions of the Fisheries Management Act 1991, which empowers AFMA to determine fishing capacity and catch limits. The decision-making process involved consulting with the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC), reflecting their recommendations in the final TACs. The primary policy objective of this determination is to maintain a conservative harvest strategy, setting precautionary limits to protect the fish stocks while allowing for sustainable fishing activities.

Scope and Application

The Macquarie Island Toothfish Fishery Management Plan 2006, as amended by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, sets out the regulatory framework for the management of the Macquarie Island Toothfish Fishery. This legislation applies to all persons and entities that engage in fishing activities within the Macquarie Island Toothfish Fishery, including the Aurora Trough and Macquarie Ridge sectors. Specifically, the legislation governs the allocation of statutory fishing rights (SFRs), which are necessary for fishers to legally take Patagonian toothfish in these sectors. The Act applies to the entire Commonwealth of Australia, ensuring consistent management across the fishery. Notably, the legislation provides exemptions and exclusions, particularly concerning the determination of total allowable catches (TAC) and the allocation of SFRs, which are managed through subordinate instruments and detailed in the Macquarie Island Toothfish Fishery Management Plan 2006. This plan includes provisions for TAC determinations, stock assessments, and consultation with relevant advisory groups such as the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC). The TACs for the 2008/09 fishing season have been set conservatively to ensure sustainability, with the Aurora Trough sector temporarily closed until the completion of the stock assessment and appropriate TAC determination by the AFMA Board.

Key Provisions

The Macquarie Island Toothfish Fishery Management Plan 2006 (the Management Plan) sets out the main provisions for the management of the Macquarie Island Toothfish Fishery (the Fishery) under the Fisheries Management Act 1991 (the Management Act). Section 11 of the Management Plan (subsection 17(6)(aa)) empowers the Australian Fisheries Management Authority (AFMA) to determine the total allowable catch (TAC) for each fishing season, defined as a 12-month period beginning on 1 July. This determination is essential for controlling the quantity of Patagonian toothfish that can be harvested in the two sectors of the Fishery: Aurora Trough and Macquarie Ridge. Additionally, fishers must hold at least 25.5% of the statutory fishing rights (SFRs) to participate in the Fishery. Under the Management Plan, AFMA is obligated to set the TAC before the start of each fishing year, considering recommendations from the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC). These recommendations are based on annual stock assessments and a conservative harvest strategy that sets precautionary limits to ensure sustainable fishing practices. For the 2008/09 season, the TAC for the Aurora Trough sector was initially set at the same level as the previous season, 390 tonnes, due to a delay in the 2008 stock assessment. To manage this delay, AFMA implemented a spatial closure of the Aurora Trough sector from 30 June 2008 until the assessment was completed and an appropriate catch limit determined. The sector would be reopened once the AFMA Board agreed on an appropriate catch limit, and if the catch limit was below the set TAC, the sector would be closed again. Failure to comply with the TAC determinations and related regulations can result in civil and criminal penalties. Under the Management Act, non-compliance with fishing regulations, including exceeding the set TAC, can lead to substantial fines and potential imprisonment. The specific penalties can vary depending on the severity of the breach, but the Management Act provides for significant financial penalties and imprisonment terms to enforce compliance and protect the fishery's sustainability. The Macquarie Island Toothfish Fishery Management Plan 2006, supported by the Management Act, thus ensures that the Fishery is managed in a manner that balances conservation with sustainable use. The provisions outlined in the Management Plan and the Determination for the 2008/09 season are designed to maintain the health of the fish stocks and the integrity of the fishery for future generations.