EXPLANATORY STATEMENT
Australian Fisheries Management Authority
Fisheries Management Act 1991
Macquarie Island Toothfish Fishery Management Plan 2006
Macquarie Island Toothfish Fishery Total Allowable Catch Determination 2012
Section 17 of the Fisheries Management Act 1991 (the Act) provides for the Australian Fisheries Management Authority (AFMA) to determine plans of management for a fishery.
Paragraph (aa) of subsection17(6) of the Act provides that a plan of management may determine, or provide for AFMA to determine, the fishing capacity for a fishery measured by that method or those methods permitted for the fishery or a part of the fishery in respect of a particular period or periods.
Section 11 of the Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan) provides that AFMA must, before the beginning of each fishing year, determine the total allowable catch (TAC) for Patagonian Toothfish and catch limits for other species for the fishing year. ‘Fishing year’ is defined in the Plan as a period of 12 months beginning on 15 April in any year.
The instrument determines the TAC for the target species (Patagonian Toothfish) and catch limits for other species in the Macquarie Island Toothfish Fishery (the Fishery) for the 2012/2013 fishing year. The Determination ceases on 14 April 2013.
Background
The Fishery lies in waters adjacent to Macquarie Island. Macquarie Island falls under Tasmanian jurisdiction and is located outside the Antarctic convergence, approximately 1500 kilometres south east of Hobart. The waters surrounding the Island out to 200 nautical miles are part of the Australian Fishing Zone which is managed by AFMA.
The Plan provides that access to the Fishery is limited to those operators holding statutory fishing rights (SFRs) granted under the Plan.
SFRs granted under the Plan allow a quantity of Patagonian Toothfish to be taken in the Fishery. Under the 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 the fishing year is worked out by dividing the TAC by the total number of SFRs in force at the start of the fishing year.
Consultation
In determining the TAC AFMA must have regard to reference points for the species determined under section 10 of the Plan and consider the views of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG).
The TAC and catch limits were reviewed by SARAG and SouthMAC. SARAG and SouthMAC both provided TAC recommendations which were accepted by the AFMA Commission and are reflected in the Determination.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
AFMA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. The Authority’s Statement of Compatibility is attached as a supporting document.
Details of the Determination are set out below:
Clause 1 | provides for the Determination to be cited as the Macquarie Island Toothfish Fishery Total Allowable Catch Determination 2012. |
Clause 2 | provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments. |
Clause 3 | provides for the Determination to cease on 14 April 2013. |
Clause 4 | defines the particular terms used in the Determination. |
Clause 5 | specifies the total allowable catch for Patagonian Toothfish and the catch limits for other species in the Fishery for the 2012/2013 fishing year. |
Clause 6 | provides for the revocation of previous TAC Determinations which are no longer operable. |
Overview
The Macquarie Island Toothfish Fishery Total Allowable Catch Determination 2012 was enacted to address the need for a clear and legally binding determination of the Total Allowable Catch (TAC) for Patagonian Toothfish and catch limits for other species within the Macquarie Island Toothfish Fishery for the 2012/2013 fishing year. This legislation is a direct implementation of section 17 of the Fisheries Management Act 1991, which empowers the Australian Fisheries Management Authority (AFMA) to determine management plans for fisheries. The Macquarie Island Toothfish Fishery Management Plan 2006 further necessitates AFMA to set the TAC and catch limits before each fishing year. This determination was enacted by the Australian Fisheries Management Authority and aligns with the policy objective of sustainably managing fisheries resources, ensuring that the TAC and catch limits are set with due consideration of scientific data, stakeholder views, and the sustainable yield of the fishery. The determination reflects recommendations from the Sub-Antarctic Fisheries Management Advisory Committee and the Sub-Antarctic Resource Assessment Group, providing a balanced approach to fishery management.
Scope and Application
The Macquarie Island Toothfish Fishery Total Allowable Catch Determination 2012 applies to the Australian Fisheries Management Authority (AFMA), which is tasked with determining the total allowable catch (TAC) for Patagonian Toothfish and catch limits for other species in the Macquarie Island Toothfish Fishery for the 2012/2013 fishing year. This determination is made pursuant to section 17 of the Fisheries Management Act 1991 and section 11 of the Macquarie Island Toothfish Fishery Management Plan 2006, and it governs the fishing activities within the specified fishery area, which includes waters surrounding Macquarie Island out to 200 nautical miles. The Act applies to entities and individuals holding statutory fishing rights (SFRs) granted under the Plan, with a requirement that at least 25.5% of total SFRs must be held to fish in the Fishery. The geographic reach of this Act is confined to the Australian Fishing Zone, managed by AFMA, and it does not extend beyond this jurisdictional boundary. The Determination itself expires on 14 April 2013, and it revokes previous TAC Determinations that are no longer applicable. The process for determining the TAC involves considering the views of the Sub-Antarctic Fisheries Management Advisory Committee and the Sub-Antarctic Resource Assessment Group, and it is subject to consultation and review as per the statutory requirements.
Key Provisions
The Macquarie Island Toothfish Fishery Total Allowable Catch Determination 2012 (the Determination) sets out the total allowable catch (TAC) for the target species, Patagonian Toothfish, and the catch limits for other species in the Macquarie Island Toothfish Fishery for the 2012/2013 fishing year. This Determination is made under section 17(6)(aa) of the Fisheries Management Act 1991 (the Act) and section 11 of the Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan). The Determination specifies the TAC and catch limits for the fishery and ceases on 14 April 2013.
Under the Act, the Australian Fisheries Management Authority (AFMA) is required to determine the TAC for the fishery before the beginning of each fishing year. The Plan defines the fishing year as a period of 12 months beginning on 15 April in any year. AFMA must also have regard to reference points for the species and consider the views of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) and the Sub-Antarctic Resource Assessment Group (SARAG) when determining the TAC. The TAC and catch limits were reviewed by SARAG and SouthMAC, and their recommendations were accepted by the AFMA Commission and are reflected in the Determination.
Operators who wish to fish in the Macquarie Island Toothfish Fishery must hold statutory fishing rights (SFRs) granted under the Plan. Under the 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 the fishing year is worked out by dividing the TAC by the total number of SFRs in force at the start of the fishing year. The Determination revokes previous TAC Determinations which are no longer operable.
Failure to comply with the provisions of the Act, the Plan, or the Determination may result in civil or criminal penalties. For example, fishing without a valid licence or permit, exceeding the catch limits, or engaging in illegal fishing activities may result in fines, imprisonment, or both. The maximum penalties for these offences are set out in the Act and the Plan. AFMA is responsible for enforcing the provisions of the Act, the Plan, and the Determination and may take action against operators who breach the provisions.