Overview

The MITF 2010/2011 TAC D5 Determination was enacted to determine the total allowable catches (TACs) for the 2010/11 fishing season for Patagonian Toothfish in the Macquarie Island Toothfish Fishery, under the Fisheries Management Act 1991. This legislation aims to regulate and manage the fishing activities in the Macquarie Island Toothfish Fishery, specifically addressing the allocation of fishing rights and setting TACs to ensure sustainable fishing practices. The Australian Fisheries Management Authority (AFMA) is responsible for determining these TACs, as outlined in the Macquarie Island Toothfish Fishery Management Plan 2006. The policy objective is to maintain the sustainability of the fishery by setting appropriate catch limits that consider the views of relevant advisory groups and the need to protect both target and bycatch species.

Scope and Application

The MITF 2010/2011 TAC D5 Determination is a regulation that applies to the Macquarie Island Toothfish Fishery, specifically determining the total allowable catches (TACs) for Patagonian Toothfish for the 2010/2011 season in the two sectors of the fishery, namely the Aurora Trough and the Macquarie Ridge, as well as setting catch limits for bycatch species within the Fishery as a whole. This Determination is made under section 11 of the Macquarie Island Toothfish Fishery Management Plan 2006 and operates under the broader Fisheries Management Act 1991. The Determination applies to all persons engaged in fishing activities within the Macquarie Island Toothfish Fishery, including holders of statutory fishing rights (SFRs) who must comply with the specified TACs and catch limits. The Determination also takes into account the recommendations of the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC), which were considered and accepted by the Australian Fisheries Management Authority (AFMA) Commission. The jurisdictional reach of this Determination is Commonwealth, and it commences on the day after its registration on the Federal Register of Legislative Instruments. The Determination does not require a Regulation Impact Statement as it is deemed to be of a minor or machinery nature that does not substantially alter existing arrangements.

Key Provisions

The main operative sections of the MITF 2010/2011 TAC D5 Determination are sections 5 and 6, which specify the total allowable catches (TACs) for Patagonian Toothfish in each sector of the Macquarie Island Toothfish Fishery (sections 5(1) and 5(2)) and the catch limits for bycatch species within the Fishery as a whole (section 6). These sections require the Australian Fisheries Management Authority (AFMA) to set the TACs for each fishing year and for each sector before the start of the fishing year. The weight allocated to each statutory fishing right (SFR) for Patagonian Toothfish is calculated by dividing the TAC for the relevant sector by the total number of SFRs in force for that sector at the start of the fishing year. Section 11 of the Macquarie Island Toothfish Fishery Management Plan 2006 (the Management Plan) mandates that AFMA determine these TACs and catch limits each year, and section 17(6)(aa) of the Fisheries Management Act 1991 allows the Management Plan to include provisions for AFMA to set such limits. The Act imposes specific obligations on the parties and entities it governs. For example, section 5 of the Determination mandates that AFMA must determine the TACs for Patagonian Toothfish in both the Aurora Trough and Macquarie Ridge sectors before the commencement of the 2010/11 fishing season. Section 6 requires AFMA to set catch limits for bycatch species within the Fishery as a whole. Additionally, under section 11 of the Management Plan, AFMA must consult with and consider the views of the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) in determining these TACs and catch limits. These consultations are integral to the decision-making process, ensuring that the views and recommendations of these advisory groups are taken into account before the final determination is made. The Determination also outlines the potential offences and penalties for non-compliance with the provisions set out in the Macquarie Island Toothfish Fishery Management Plan 2006. While the Determination itself does not specify detailed penalties, non-compliance with the Management Plan could result in various enforcement actions under the Fisheries Management Act 1991. These actions may include fines, cancellation of fishing rights, or other administrative penalties. The severity of the penalties would depend on the nature and extent of the breach, with potential maximum penalties being substantial given the serious implications of overfishing and bycatch management violations. Ensuring compliance with the TACs and catch limits is crucial to maintaining the sustainability of the fishery and protecting the marine ecosystem.