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.
Overview
The Small Pelagic Fishery Fishing Method Determination 2013 was enacted to address the need for additional fishing methods within the Small Pelagic Fishery, as provided under the Fisheries Management Act 1991. This legislative instrument, issued by the Australian Fisheries Management Authority (the Authority), aims to enhance the management and sustainability of the fishery by allowing the use of the jigging method for fishing in specified areas and during a defined period. The determination responds to recommendations from the Small Pelagic Fishery Research Advisory Group (SPFRAG) and the South East Management Advisory Committee (SEMAC), which supported the introduction of jigging to improve product quality and reduce bycatch, while also addressing potential concerns about seabird interactions. The enacting body is the Australian Fisheries Management Authority, and the policy objective is to allow the specified fishing method to contribute to the effective management of the fishery.
Scope and Application
The Small Pelagic Fishery Fishing Method Determination 2013 applies to the Small Pelagic Fishery, which is a Commonwealth-managed fishery extending from the Queensland/New South Wales border around the southern coast of Australia to latitude 31° south. The Determination, issued by the Australian Fisheries Management Authority, allows for the use of jigging as an approved fishing method in this fishery, following recommendations from the Small Pelagic Fishery Research Advisory Group and acknowledgment from the South East Management Advisory Committee. This legislative instrument specifies that jigging, a method known for its effectiveness in catching mackerel with minimal bycatch, can be employed by persons involved in the fishery for a defined period from 1 May 2013 to 31 March 2014. The Determination also includes provisions for the cessation of this method's application after the specified period, aligning with its temporary nature. The geographic reach of this legislation is confined to the Small Pelagic Fishery, and it operates under the overarching Fisheries Management Act 1991.
Key Provisions
The Small Pelagic Fishery Fishing Method Determination 2013 (section 17 of the Fisheries Management Act 1991) authorises the Australian Fisheries Management Authority (the Authority) to specify a particular fishing method, jigging, for use in the Small Pelagic Fishery (section 27 of the Small Pelagic Fishery Management Plan 2009). This legislative instrument allows the Authority to define the types and quantities of equipment that can be used in the fishery, thus ensuring compliance with specific management practices. The fishing method jigging is permitted for the Small Pelagic Fishery for a period beginning on 1 May 2013 and ending on 31 March 2014 (clause 6). The term 'jigging' refers to a fishing technique where a jig, which is a type of lure or bait, is moved up and down in the water column to attract fish (clause 4). The determination applies to persons fishing in the Small Pelagic Fishery, specifically within the designated timeframe (clause 5).
The Authority imposes specific obligations on the parties or entities governed by this determination. Firstly, all persons engaged in fishing within the Small Pelagic Fishery during the specified period must adhere to the use of jigging as their primary fishing method. This requirement ensures consistency in the fishing practices and aids in the monitoring and management of the fishery. Additionally, the Authority must ensure that there is adequate observer coverage to monitor the initial use of the jigging method, as recommended by the South East Management Advisory Committee (SEMAC). This oversight is crucial to mitigate any potential risks, such as interactions with seabirds, and to ensure that the method is used in a manner that aligns with the overall fishery management objectives.
In the event of a breach of the Small Pelagic Fishery Fishing Method Determination 2013, there are potential consequences that may be imposed. While the document does not explicitly state the penalties for non-compliance, under section 17 of the Fisheries Management Act 1991, penalties for breaches of fishing regulations can include fines and other sanctions as determined by the relevant authorities. The maximum penalties for such breaches may vary depending on the specific nature and severity of the offence, and may be subject to judicial discretion. It is important for all persons fishing in the Small Pelagic Fishery to be fully aware of and comply with the provisions of this determination to avoid any potential legal repercussions.