Small Pelagic Fishery (Fishing Period) Determination 2021

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2021L00646 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the authority of the Australian Fisheries Management Authority

Fisheries Management Act 1991

Small Pelagic Fishery Management Plan 2009

Small Pelagic Fishery (Fishing Period) Determination 2021

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 (aa) of subsection 17(6) of the Act provides that a plan of management may determine, or provide for the Authority 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 10 of the Small Pelagic Fishery Management Plan 2009 (the Plan) provides that the Authority may determine the fishing period.

This instrument determines the fishing period for the purposes of section 10 of the Plan.

The Small Pelagic Fishery (Fishing Period) Determination 2021 (the Instrument) is a legislative instrument for the purposes of the Legislation 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 mackerel, blue mackerel, 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 South East Management Advisory Committee (SEMAC) provides advice to the Authority on the management of the Small Pelagic Fishery, including fishing periods. SEMAC was consulted on the Small Pelagic Fishery fishing period at a videoconference meeting held on 25 March 2021, and supported maintaining the current fishing period with a commencement date of 1 May in a year and a closing date of 30 April the following year.

The recommended fishing period was then sent to the Authority’s Commission for determination.

Regulation Impact Statement

The Office of Best Practice Regulation (OBPR) 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

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 Instrument are set out below:

Section 1 Provides that the name of the Instrument is the Small Pelagic Fishery (Fishing Period) Determination 2021.

Section 2 Provides for the commencement of the Instrument.

Section 3 Provides that the instrument is made under subsection 17(6)(aa) of the Act and under subsection 10(1) of the Plan.

Section 4 Defines terms used in the Instrument.

Section 5 Provides that each instrument that is specified in a schedule to the instrument is amended or repealed as set out in the Schedule.

Section 6 Determines the Fishing Period for the purposes of subsection 10(1) of the Plan. This is determined as the period starting on 1 May in a year and ending on 30 April in the following year.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Small Pelagic Fishery (Fishing Period) Determination 2021

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Bill/Legislative Instrument

The instrument determines the fishing period (season) for the purposes of section 10 of the Small Pelagic Fishery Management Plan 2009.

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

Overview

The Small Pelagic Fishery (Fishing Period) Determination 2021, enacted by the Australian Fisheries Management Authority under the Fisheries Management Act 1991, addresses the need to regulate the fishing period within the Small Pelagic Fishery. This legislation was introduced to provide a structured approach to managing the fishery, ensuring that fishing activities are conducted within defined periods to sustain fish stocks and maintain ecological balance. The determination follows consultation with the South East Management Advisory Committee and aligns with the existing management framework set out in the Small Pelagic Fishery Management Plan 2009. The policy objective is to maintain the current fishing period, which starts on 1 May each year and ends on 30 April the following year, as recommended by the Committee and supported by the Authority's Commission. This approach aims to balance the economic interests of fishers with the conservation needs of the fishery, ensuring sustainable practices and effective resource management.

Scope and Application

The Small Pelagic Fishery (Fishing Period) Determination 2021 applies to the management of the Small Pelagic Fishery, which encompasses waters extending 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. This legislation specifically addresses the fishing period within this fishery, which is divided into eastern and western areas west of latitude 146°30’00”. The Act applies to any person or entity involved in the fishery, including commercial and recreational fishers, and governs their conduct and transactions within the specified fishing period. The determination is a legislative instrument made under section 17 of the Fisheries Management Act 1991 and section 10 of the Small Pelagic Fishery Management Plan 2009, and it is subject to potential amendments or repeals as specified in the schedule of the Instrument. The Act's jurisdictional reach is confined to Commonwealth waters as defined and does not specify any exclusions, exemptions, or thresholds, although application may be extended or restricted through subordinate instruments.

Key Provisions

The Small Pelagic Fishery (Fishing Period) Determination 2021 sets out the fishing period for the Small Pelagic Fishery, as authorised under section 17(6)(aa) of the Fisheries Management Act 1991 (the Act) and section 10 of the Small Pelagic Fishery Management Plan 2009 (the Plan). The Determination is structured to ensure that the fishing period is clearly defined and operationalised, with section 6 explicitly stating that the fishing period starts on 1 May in any given year and ends on 30 April the following year (section 6). This period allows for the sustainable management of the fishery, accommodating biological, economic, and social considerations. Entities and individuals operating within the Small Pelagic Fishery are required to adhere to the specified fishing period as outlined in the Determination. This includes ensuring that all fishing activities are conducted within the legally defined timeframes, with compliance being monitored by the Australian Fisheries Management Authority (the Authority). The Plan mandates that fishing capacity be measured and regulated in accordance with the methods and metrics established under section 17(6)(aa) of the Act (section 10). The Authority is tasked with enforcing these provisions to maintain the integrity of the fishery and to prevent overfishing and other detrimental practices. Breach of the provisions set forth in the Determination may result in various penalties and consequences. These can include fines, suspension or revocation of fishing licences, and other enforcement actions taken by the Authority. The severity of penalties is commensurate with the nature and extent of the breach. For instance, unauthorised fishing activities conducted outside the specified period could result in substantial fines and the potential loss of fishing privileges. It is essential for all parties involved to be fully aware of and comply with the regulations to avoid these repercussions.

Legal classification tags

Area of Law
Environmental Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Offence Provisions
Compliance Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.