EXPLANATORY STATEMENT
Issued by the Australian Fisheries Management Authority
Fisheries Management Act 1991
Small Pelagic Fishery Management Plan 2009
SMALL PELAGIC FISHERY FISHING METHOD DETERMINATION 2013
Section 17 of the Fisheries Management Act 1991 (the Act) provides for the Australian Fisheries Management Authority (the Authority) to determine plans of management for a fishery.
Paragraph (e) of subsection 17(6) of the Act provides that a plan of management may specify the kind and quantity of equipment that may be used in the fishery.
Section 27 of the Small Pelagic Fishery Management Plan 2009 (the Plan) provides that the Authority may determine a fishing method other than the purse seine or mid-water trawl fishing methods for use by persons fishing in the fishery.
This instrument determines the fishing method known as jigging for the purposes of section 27 of the Plan.
The Small Pelagic Fishery Fishing Method Determination 2013 (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Fishery
The Small Pelagic Fishery (the Fishery) extends from the Queensland/New South Wales border, typically outside 3 nautical miles, around southern Australia to a line at latitude 31° south (near Lancelin, north of Perth). The fishery is currently divided into two sub areas East and West of latitude 146°30’00”.
Management in the Fishery is through output controls in the form of individually transferable quotas with a Total Allowable Catch determined for each quota species for each fishing year. The main target species in the Fishery are Jack Mackeral, Blue Mackeral, Redbait and Australian Sardines. The target species are caught primarily for the domestic market and are used for fishmeal, bait and human consumption.
Consultation
The Small Pelagic Fishery Research Advisory Group (SPFRAG) recommended that jigging methods be authorised in the Fishery. The SPFRAG acknowledged that jigging for mackerel was common in fishing for bait and the method ensures high quality product with very low levels of bycatch.
The South East Management Advisory Committee (SEMAC), noting SPFRAG support, was comfortable with the biological settings however they noted that fishing with hooks may increase the potential for seabird interactions. SEMAC recommended that the Authority direct observer coverage towards initial use of the jigging method in the Fishery.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Determination (OBPR ID 14695).
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The Authority 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 Small Pelagic Fishery Fishing Method Determination 2013.
Clause 2 Provides the Determination commences on the day after it is registered.
Clause 3 Provides the Determination ceases as if it were revoked on 1 May 2014.
Clause 4 Defines terms used in the Determination.
Clause 5 Specifies to whom the Determination applies.
Clause 6 Provides that for the period beginning on 1 May 2013 and ending on 31 March 2014 the fishing method known as jigging may be used by persons fishing in the Small Pelagic Fishery.