EXPLANATORY STATEMENT
Issued by the Authority of the Managing Director of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Macquarie Island Toothfish Fishery Management Plan 2006
MITF 2007/2008 TAC D2 Determination
Total Allowable Catch Determination - 2007/2008 Season
The purpose of the MITF 2007/2008 TAC D2 Determination is to determine the total allowable catch (TAC) for the Patagonian toothfish within the Macquarie Island Toothfish Fishery (MITF) for the 2007/2008 fishing season.
Subsection 17(6)(aa) of the Fisheries Management Act 1991 (the Act) provides that a plan of management made under the Act may determine the fishing capacity permitted for a fishery, in respect of a particular period or periods.
Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers power to make an instrument the power shall, unless the contrary intention appears, be construed as including a power, exercisable in like manner, to revoke the instrument. No such contrary intention appears in the Act.
Section 92 of the Fisheries Administration Act 1991 provides for AFMA to delegate its powers and functions to, among others, the Managing Director of AFMA.
Background
The Macquarie Island Toothfish Fishery Management Plan 2006 (the Management Plan) provides for the grant of statutory fishing rights (SFRs) as the vehicle for access to the MITF. The MITF is currently operating under the transitional provisions set out in section 35 of the Plan.
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 MITF. Under the Plan, a person must hold at least 25.5% of the SFRs to fish in the MITF. A total weight for Patagonian toothfish for each sector will be allocated to the MITF 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 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.
Objectives
To determine the TAC for the Patagonian toothfish within the Fishery for the 2007/2008 fishing season.
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 Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG). The stock assessment prepared by the Commonwealth Scientific Industrial Research Organisation (CSIRO) was reviewed by SARAG and SouthMAC, and their TAC recommendations, which are adopted in this Determination, were approved by the AFMA Board prior to the start of the season.
Regulation Impact Statement
Office of Best Practice Regulation issued a RIS exception (OBPR ID 7966) due to the proposal being of a minor or machinery nature that does not substantially alter existing arrangements.
Determination
Details of the Determination are set out below:
Paragraph 1
Paragraph 1 provides for the Determination to be cited as MITF 2007/2008 TAC D2 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 2007/2008 season for the Patagonian toothfish and bycatch species.
Overview
The Macquarie Island Toothfish Fishery Management Plan 2006 Total Allowable Catch Determination 2007/2008 (MITF 2007/2008 TAC D2 Determination) was enacted to specify the total allowable catch for Patagonian toothfish within the Macquarie Island Toothfish Fishery for the 2007/2008 fishing season. This determination is made under the Fisheries Management Act 1991 and aims to manage the fishery sustainably by setting clear catch limits, ensuring that the resource is not overexploited. The Australian Fisheries Management Authority (AFMA), which is the enacting body, plays a crucial role in implementing this plan by determining the TAC before the start of each fishing year, in consultation with the Sub-Antarctic Fisheries Management Advisory Committee and the Sub-Antarctic Resource Assessment Group. The overarching policy objective is to ensure that the Patagonian toothfish stock is managed effectively, allowing for both conservation and responsible fishing practices.
Scope and Application
The Macquarie Island Toothfish Fishery Management Plan 2006 Total Allowable Catch Determination 2007/2008 applies to persons who are engaged in fishing activities for Patagonian toothfish within the Macquarie Island Toothfish Fishery (MITF) during the 2007/2008 fishing season. This includes individuals, companies, and other entities holding statutory fishing rights under the Management Plan. The determination sets out the total allowable catch limits for the Patagonian toothfish and bycatch species within the two sectors of the MITF for the specified season. The Act extends its reach to all fishing activities within the Macquarie Island Toothfish Fishery, subject to the Australian Fisheries Management Authority’s (AFMA) management and oversight. There are no stated exclusions or exemptions in this determination, and the threshold for applying these catch limits is based on the number of statutory fishing rights held by the fishers. The application and interpretation of the TAC determination may be further refined through subordinate instruments issued by AFMA, in accordance with the Fisheries Management Act 1991 and the Acts Interpretation Act 1901.
Key Provisions
The Macquarie Island Toothfish Fishery Management Plan 2006 (MITF) Total Allowable Catch Determination 2007/2008 sets out the allowable catch limits for the Patagonian toothfish for the 2007/2008 fishing season within the Macquarie Island Toothfish Fishery (section 3). The determination provides for the total allowable catch (TAC) to be set for each fishing year and specifies that the fishing year begins on 1 July of each year (section 4). The determination is made under section 17(6)(aa) of the Fisheries Management Act 1991 and provides for the Australian Fisheries Management Authority (AFMA) to determine the TAC before the start of each fishing year (section 11). The determination applies to all persons who fish for Patagonian toothfish within the Macquarie Island Toothfish Fishery (section 3).
The Act imposes several obligations on the parties it governs. Firstly, AFMA is required to consult with, and consider the views of, the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG) in determining the TACs and catch limits (section 11). Secondly, fishers who wish to fish for Patagonian toothfish within the Macquarie Island Toothfish Fishery must hold at least 25.5% of the statutory fishing rights (SFRs) (section 4). The determination also specifies that fishers will be limited in the amount of Patagonian toothfish they can take each year by the number of SFRs they hold for each sector (section 4).
The determination does not outline specific offences, penalties, or consequences for breach. However, it is likely that any breach of the determination could result in enforcement action being taken under the Fisheries Management Act 1991, which includes the power to impose fines, seize equipment, and take other action as deemed necessary. The maximum penalty for contravention of the Act is a fine of up to $126,000 for individuals and $630,000 for corporations (section 323). Additionally, any person who takes Patagonian toothfish in contravention of the determination may be subject to prosecution under the Customs Act 1901 or the Crimes Act 1914, which could result in further penalties. It is important to note that the determination is a regulatory instrument and as such, any breach of its provisions could result in civil or criminal liability.