Overview

The Small Pelagic Fishery Fishing Method Determination 2017 is a legislative instrument made under section 27 of the Small Pelagic Fishery Management Plan 2009, which itself was enacted under the Fisheries Management Act 1991. This legislation was introduced to address the need for the Australian Fisheries Management Authority to determine additional fishing methods beyond the traditional purse seine and mid-water trawl methods for the Small Pelagic Fishery. The Small Pelagic Fishery, which involves the capture of species such as Jack Mackerel, Blue Mackerel, Redbait, and Australian Sardines, is managed through output controls, including individually transferable quotas and Total Allowable Catch (TAC) limits. The Determination allows the use of pair trawling, a fishing method supported by the Small Pelagic Fishery Scientific Panel and the South East Management Advisory Committee, under specific conditions to monitor potential marine mammal interactions. The instrument also includes a Statement of Compatibility with Human Rights, confirming that it is consistent with the rights and freedoms recognised under the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Small Pelagic Fishery Fishing Method Determination 2017 is a legislative instrument under the Fisheries Management Act 1991 that specifies the authorised fishing method of pair trawling for the Small Pelagic Fishery, which encompasses areas from the Queensland/New South Wales border, around southern Australia to a line at latitude 31° south. The Determination applies to persons fishing in this designated fishery, allowing them to use pair trawling for a specified period, from the day after the instrument's registration up until 31 October 2018. The Australian Fisheries Management Authority, as the governing body under the Act, made this determination based on recommendations from the Small Pelagic Fishery Scientific Panel and the South East Management Advisory Committee, which acknowledged that pair trawling posed no sustainability risks but might result in marine mammal interactions. The Determination is subject to conditions, including the installation of electronic monitoring and the presence of an onboard observer for the first 10 trips, with a subsequent review of the coverage. Additionally, the Authority has affirmed that this legislative instrument aligns with human rights as it does not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Small Pelagic Fishery Fishing Method Determination 2017 (the Determination) establishes pair trawling as an authorised fishing method for use in the Small Pelagic Fishery, as per section 27 of the Small Pelagic Fishery Management Plan 2009 (subsection 27(1)). This determination (clause 6) allows for the use of pair trawling in the fishery for a specified period, starting from the day after the Determination is registered on the Federal Register of Legislative Instruments and ending on 31 October 2018 (clause 3). The Determination also includes definitions of key terms (clause 4) and specifies the applicability of the instrument (clause 5). The Determination commences on the day after it is registered (clause 2) and is cited as the Small Pelagic Fishery Fishing Method Determination 2017 (clause 1). Under the Determination, any person engaging in fishing activities within the Small Pelagic Fishery during the specified period is required to comply with the use of pair trawling as an authorised fishing method, as per clause 6. This includes adhering to any additional conditions or requirements that may be stipulated by the Authority to ensure the sustainability and responsible management of the fishery. The Determination mandates that both the Small Pelagic Fishery Scientific Panel and the South East Management Advisory Committee support the introduction of pair trawling, recognising its sustainability while acknowledging potential marine mammal interactions. It is also stipulated that electronic monitoring be installed on both vessels, with an onboard observer present for the first 10 trips (alternating between vessels each trip if hauling is switched between vessels). After this initial period, the level and mix of coverage should be reviewed. Any breach of the provisions outlined in the Determination may result in various consequences. Although the Determination does not explicitly outline specific offences, penalties, or consequences for non-compliance, breaches of similar provisions under the Fisheries Management Act 1991 (the Act) can lead to civil or criminal penalties. The Act provides for fines and imprisonment for offences such as illegal fishing, which may include the use of unauthorised fishing methods. The maximum penalties for such offences can vary depending on the severity and circumstances of the breach. It is essential for those engaged in fishing activities within the Small Pelagic Fishery to familiarise themselves with the relevant provisions of the Act and ensure compliance to avoid potential legal repercussions.