Overview

The Small Pelagic Fishery Fishing Period Determination 2012, enacted by the Australian Fisheries Management Authority under the Fisheries Management Act 1991, is designed to address the need for clear management of fishing periods within the Small Pelagic Fishery. This legislative instrument aims to ensure sustainable fishing practices by defining the allowable fishing periods, thereby contributing to the effective management of fishery resources. The Determination was developed in consultation with relevant advisory committees and is consistent with the human rights framework as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. The Small Pelagic Fishery, which encompasses areas from the Queensland/New South Wales border to a line at latitude 31° south, targets species such as Jack Mackerel, Blue Mackerel, Redbait, and Australian Sardines. Management of this fishery is carried out through output controls and individually transferable quotas, with the Determination specifying the fishing period to maintain balance between economic interests and sustainable resource use. This legislation is essential for providing a structured approach to fishery management, ensuring that fishing activities are conducted within defined periods that support both ecological and economic objectives.

Scope and Application

The Small Pelagic Fishery Fishing Period Determination 2012 applies to the management and regulation of the Small Pelagic Fishery, which encompasses the waters extending from the Queensland/New South Wales border, generally outside three nautical miles, around southern Australia to a line at latitude 31° south, near Lancelin north of Perth. This legislation is specifically concerned with setting the fishing period for this fishery, as authorised by the Fisheries Management Act 1991 and the Small Pelagic Fishery Management Plan 2009. The fishery is managed through output controls using individually transferable quotas with a Total Allowable Catch specified for each quota species annually. The primary target species are Jack Mackerel, Blue Mackerel, Redbait, and Australian Sardines, which are predominantly used for the domestic market in fishmeal, bait, and human consumption. The Determination is a legislative instrument issued under the authority of the Australian Fisheries Management Authority, as outlined in the Legislative Instruments Act 2003. The consultation process involved the South East Management Advisory Committee, and the commencement date for the fishing period was set as 1 May 2012. The Office of Best Practice Regulation determined that a Regulation Impact Statement was not necessary for this Determination, given its minor nature. Additionally, the Authority has assessed the Determination to be compatible with human rights, as per the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Small Pelagic Fishery Fishing Period Determination 2012 (the Determination) sets out the fishing period for the Small Pelagic Fishery (section 4). This legislation, issued under the Fisheries Management Act 1991, is designed to manage the fishery by establishing specific periods during which fishing activities are permitted. The fishing period is a key element of the Small Pelagic Fishery Management Plan 2009, which allows the Australian Fisheries Management Authority (the Authority) to determine these periods (section 10 of the Plan). According to the Determination, the fishing period for the Small Pelagic Fishery will commence on 1 May 2012. This date was communicated to the South East Management Advisory Committee (the Committee) during a teleconference meeting held on 26 March 2012. The recommended fishing period was subsequently submitted to the Authority’s Commission for official determination. The Determination imposes specific obligations on the parties involved in the Small Pelagic Fishery. Primarily, it mandates that fishing activities within the specified fishery must adhere to the determined fishing period. This includes ensuring that all fishing operations commence and conclude as per the stipulated dates. The Determination also ensures that the Authority has the authority to set and modify the fishing period as necessary to manage the fishery effectively. It is essential for all stakeholders, including fishers, to comply with these regulations to ensure sustainable fishing practices and the preservation of fish stocks. Breaches of the provisions outlined in the Determination may result in legal consequences. Although specific offences and penalties are not detailed in the provided text, it is generally understood that non-compliance with fishery management regulations can lead to civil and criminal penalties. These may include fines, imprisonment, or both, depending on the severity of the breach. The Authority has the power to enforce these penalties to ensure adherence to the management plan and the sustainability of the fishery. The Determination also includes a Statement of Compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Authority has assessed that this legislative instrument is compatible with human rights, and this assessment is attached as a supporting document. This ensures that the regulations do not infringe on the fundamental rights of individuals involved in the fishery. The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for this Determination, as it was deemed to be of a minor or machinery nature. In summary, the Small Pelagic Fishery Fishing Period Determination 2012 establishes the fishing period for the Small Pelagic Fishery, imposes obligations on parties involved in the fishery to comply with these periods, and outlines the potential legal consequences for non-compliance. The Determination is compatible with human rights and has been assessed as not requiring a Regulation Impact Statement.