EXPLANATORY STATEMENT
Fisheries Management Act 1991
Macquarie Island Toothfish Fishery Management Plan 2006
MITF 2010/2011 TAC D5 Determination
Total Allowable Catch Determination - 2010/2011 Season
The purpose of MITF 2010/2011 TAC D5 Determination (the Determination) is to determine, for the 2010/11 season, the total allowable catches (TACs) for the target species (Patagonian Toothfish) in each of the two sectors of the Macquarie Island Toothfish Fishery (the Fishery) and catch limits for bycatch species for the Fishery as a whole. The sectors are the Aurora Trough and the Macquarie Ridge.
Under subsection 17(6)(aa) of the Fisheries Management Act 1991 (the Management Act) a management plan for a fishery may provide for the Australian Fisheries Management Authority (AFMA) to determine the fishing capacity permitted for that fishery, in respect of a particular period or periods.
Accordingly, section 11 of the Macquarie Island Toothfish Fishery Management Plan 2006 (the Management Plan) provides for AFMA to determine the TAC for each fishing year before the beginning of each fishing year and for each sector. ‘Fishing year’ is defined in the Management Plan as a year beginning on 15 April.
Background
The Management Plan provides for the grant of statutory fishing rights (SFRs) as the right for access to the Fishery.
SFRs issued under the Management Plan allow a quantity of Patagonian Toothfish to be taken in the two sectors of the Fishery. Under the Management 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 each sector and fishing year is worked out by dividing the TAC for the sector in the fishing year by the total number of SFRs in force for the sector at the start of the fishing year.
Objective
To determine the TACs for Patagonian Toothfish for each sector and catch limits for bycatch species within the Fishery for the 2010/2011 fishing season.
Consultation
Section 11 of the Management Plan specifies the procedures for determining the TACs and catch limits which includes a requirement for AFMA to 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 both sectors of the Fishery. These recommendations were accepted by the AFMA Commission and are reflected in the Determination.
Regulation Impact Statement
A Regulation Impact Statement is not required on the basis that the Determination is of a minor or machinery nature that does not substantially alter existing arrangements. The exemption reference from the Office of Best Practice Regulation is 11269.
Determination
Details of the Determination are set out below:
Paragraph 1
Paragraph 1 provides for the Determination to be cited as MITF 2010/2011 TAC D5 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 Patagonian Toothfish for each sector of the Fishery and the catch limits for bycatch species in the Fishery as a whole for the 2010/2011 season.