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 2013
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 the period determined by AFMA. The period has been determined to be the period of 12 months beginning on 1 May in any year and ending on 30 April of the following year.
The instrument determines the TAC for Patagonian toothfish and catch limits for other species in the Macquarie Island Toothfish Fishery (the Fishery) for the 2013/2014 fishing year. The instrument ceases on 1 May 2014.
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 Management Advisory Committee (MAC) and the Resource Assessment Group (RAG).
The TAC and catch limits were reviewed by the RAG and the MAC. The RAG and the MAC 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 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. AFMA’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 2013. |
Clause 2 | provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments. |
Clause 3 | provides the Determination ceases as if it was revoked on 1 May 2014. |
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 2013/2014 fishing year. |
Clause 6 | provides for the revocation of a previous TAC Determination which is no longer operable. |
Overview
The Macquarie Island Toothfish Fishery Total Allowable Catch Determination 2013 was enacted by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This legislation was introduced to establish the total allowable catch (TAC) for Patagonian toothfish and catch limits for other species in the Macquarie Island Toothfish Fishery for the 2013/2014 fishing year, addressing the need for regulated and sustainable fishing practices in the area. The determination is in line with the Macquarie Island Toothfish Fishery Management Plan 2006, which outlines the framework for managing the fishery, including the statutory fishing rights and the requirement for AFMA to determine the TAC before each fishing year. The policy objective of this legislation is to ensure that the fishery is managed in a sustainable manner, taking into consideration the biological and ecological factors of the species, as well as the views of relevant advisory committees. The determination reflects the recommendations of the Resource Assessment Group and the Management Advisory Committee, both of which provided input on the appropriate TAC for the specified fishing year.
Scope and Application
The Macquarie Island Toothfish Fishery Total Allowable Catch Determination 2013 applies to the management of the Macquarie Island Toothfish Fishery, specifically within the Australian Fishing Zone, which includes the waters surrounding Macquarie Island managed by the Australian Fisheries Management Authority (AFMA). The legislation applies to all operators who hold statutory fishing rights (SFRs) granted under the Macquarie Island Toothfish Fishery Management Plan 2006, ensuring that their activities are compliant with the specified Total Allowable Catch (TAC) and catch limits for Patagonian toothfish and other species for the 2013/2014 fishing year. AFMA is mandated to determine these catch limits before the commencement of each fishing year, adhering to guidelines and recommendations provided by the Management Advisory Committee (MAC) and the Resource Assessment Group (RAG). The determination ceases on 1 May 2014, and it replaces any previous TAC determination that is no longer applicable. This legislation ensures the sustainable management of the fishery by setting clear parameters for fishing capacity and allowable catches, thereby protecting the resources within the fishery for future use.
Key Provisions
The Macquarie Island Toothfish Fishery Total Allowable Catch Determination 2013 (the Determination) is a legislative instrument made under the Fisheries Management Act 1991 (the Act) and the Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan). It specifies the total allowable catch (TAC) for Patagonian toothfish and the catch limits for other species in the Macquarie Island Toothfish Fishery for the 2013/2014 fishing year (section 5). The Determination commences on the day after it is registered on the Federal Register of Legislative Instruments and ceases on 1 May 2014 (sections 2 and 3). The Determination revokes a previous TAC Determination that is no longer operable (section 6).
Under the Determination, the Australian Fisheries Management Authority (AFMA) is required to determine the TAC for Patagonian toothfish and catch limits for other species before the beginning of each fishing year (section 11 of the Plan). AFMA must consider the views of the Management Advisory Committee and the Resource Assessment Group, and have regard to reference points for the species (section 10 of the Plan). The TAC and catch limits were reviewed by the Resource Assessment Group and the Management Advisory Committee, and their recommendations were accepted by the AFMA Commission and are reflected in the Determination.
AFMA has a duty to manage the Fishery in accordance with the Determination, and operators must comply with the provisions of the Determination. AFMA is responsible for monitoring compliance with the Determination and enforcing any penalties for breaches. Operators must hold statutory fishing rights (SFRs) to fish in the Fishery and must comply with the catch limits specified in the Determination. 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.
Breaches of the Determination may result in civil or criminal penalties, depending on the nature and severity of the breach. For example, fishing without a valid SFR, exceeding the catch limits specified in the Determination, or failing to comply with monitoring and reporting requirements may result in fines or other penalties. The maximum penalties for breaches of the Act or the Plan are set out in section 431 of the Act, which provides for fines of up to $22,000 for individuals and $110,000 for bodies corporate, as well as imprisonment for up to two years. In addition, operators who engage in illegal, unreported, and unregulated (IUU) fishing may be subject to additional penalties under other Australian legislation.