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 2014
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 2014/2015 fishing year. The instrument ceases on 1 May 2015.
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 2014. |
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 2015. |
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 2014/2015 fishing year. |
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Overview
The Macquarie Island Toothfish Fishery Total Allowable Catch Determination 2014 was enacted to address the need for the Australian Fisheries Management Authority (AFMA) to establish the total allowable catch (TAC) for Patagonian toothfish and catch limits for other species in the Macquarie Island Toothfish Fishery for the specified fishing year. This legislative instrument aligns with the Fisheries Management Act 1991, which empowers AFMA to determine management plans for fisheries, including setting TACs and catch limits. The determination was introduced by the AFMA, following consultation with the Management Advisory Committee and the Resource Assessment Group, and aims to ensure sustainable management of the fishery resources while considering the ecological and economic impacts. This approach is designed to maintain the health of the fishery and provide a balanced approach to resource use, thereby supporting the overarching policy objectives of sustainable fisheries management.
The determination outlines the specific TAC for Patagonian toothfish and catch limits for other species for the 2014/2015 fishing year, which runs from 1 May 2014 to 30 April 2015. It specifies the methods and reference points to be used in determining these limits, reflecting a considered approach to fishery management that is both scientifically informed and responsive to stakeholder input. The legislation also ensures compliance with human rights as assessed under the Human Rights (Parliamentary Scrutiny) Act 2011, and it ceases to have effect on 1 May 2015, in line with the defined fishing year.
Scope and Application
The Macquarie Island Toothfish Fishery Total Allowable Catch Determination 2014 applies to the management and regulation of the fishery around Macquarie Island, a region under Tasmanian jurisdiction, but within the Australian Fishing Zone managed by the Australian Fisheries Management Authority (AFMA). The Determination sets out the total allowable catch (TAC) for Patagonian toothfish and catch limits for other species within the fishery for the fishing year beginning 1 May 2014 and ending 30 April 2015. It applies to operators who hold statutory fishing rights (SFRs) under the Macquarie Island Toothfish Fishery Management Plan 2006, with at least 25.5% of the total SFRs required to participate in the fishery. The determination is limited to the specified fishing year and ceases on 1 May 2015. AFMA must consider the views of the Management Advisory Committee and the Resource Assessment Group when determining the TAC, which must align with the reference points specified in the Plan. The Determination reflects the recommendations from these groups and is consistent with human rights as assessed by AFMA.
Key Provisions
The Macquarie Island Toothfish Fishery Total Allowable Catch Determination 2014 (the Determination) outlines the total allowable catch (TAC) for Patagonian toothfish and catch limits for other species for the 2014/2015 fishing year (section 5). Section 1 of the Determination provides for the citation of the instrument, while section 2 sets the commencement date as the day after registration on the Federal Register of Legislative Instruments. Section 3 specifies the cessation of the Determination on 1 May 2015, and section 4 defines the terms used throughout the document.
The primary obligation imposed by the Determination is on the Australian Fisheries Management Authority (AFMA) to determine the TAC for Patagonian toothfish and catch limits for other species in the Macquarie Island Toothfish Fishery for the specified fishing year. This requirement is in accordance with section 11 of the Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan), which mandates that AFMA must determine these figures before the beginning of each fishing year. The fishing year is defined in the Plan as the period of 12 months beginning on 1 May and ending on 30 April the following year.
AFMA is required to consider various reference points and recommendations from the Management Advisory Committee (MAC) and the Resource Assessment Group (RAG) when determining the TAC (section 11 of the Plan). The Determination reflects the recommendations provided by the RAG and the MAC, which were reviewed and accepted by the AFMA Commission.
The Determination does not explicitly state any offences, penalties, or consequences for non-compliance with the TAC or catch limits. However, any breach of the provisions outlined in the Plan or the Fisheries Management Act 1991 could result in civil or criminal penalties, depending on the nature and severity of the breach. These potential penalties are governed by the relevant sections of the Fisheries Management Act 1991 and any other applicable legislation.