Small Pelagic Fishery Overcatch and Undercatch Determination 2013

Overview

The Small Pelagic Fishery Overcatch and Undercatch Determination 2013 was enacted by the Australian Fisheries Management Authority (AFMA) to address the management of overcatch and undercatch within the small pelagic fishery, as specified in the Fisheries Management Act 1991. This legislative instrument was introduced to provide flexibility for fishers by allowing them to carry over or carry under their quota between fishing seasons. This approach helps in maintaining sustainable fishing practices by enabling fishers to manage their catch volumes more effectively, thereby preventing both overfishing and underutilisation of quotas. The Determination was developed in consultation with relevant stakeholders, including industry representatives, scientific experts, and observers, to ensure that the quotas set for the 2013 fishing year were based on sound scientific advice and would support the sustainable management of the fishery. The process involved thorough assessments and discussions through the Resource Assessment Group and the South East Management Advisory Committee before the final determination was made by the AFMA Commission.

Scope and Application

The Small Pelagic Fishery Overcatch and Undercatch Determination 2013 is a legislative instrument made under the Fisheries Management Act 1991 and the Small Pelagic Fishery Management Plan 2009. This Determination applies to the small pelagic fishery, which encompasses the waters extending from the Queensland/New South Wales border, typically outside 3 nautical miles, around southern Australia to a line at latitude 31° south. The fishery is divided into two sub-areas, east and west of latitude 146°30’00”. The primary target species within this fishery are Jack Mackerel, Blue Mackerel, Redbait, and Australian Sardines, which are predominantly harvested for the domestic market, serving purposes such as fishmeal, bait, and human consumption. Management of the fishery is executed through output controls, specifically individually transferable quotas, with a Total Allowable Catch set for each quota species for each fishing year. The Determination sets forth the percentages and weights for each quota species for a sub-area concerning undercatch and overcatch for the 2013 fishing year, facilitating the 'carry over' or 'carry under' of quota between fishing seasons. The legislative instrument ceases to have effect on 1 May 2014, unless earlier revoked, and adopts the definitions provided in the Management Plan and the Fisheries Management Act 1991.

Key Provisions

The Small Pelagic Fishery Overcatch and Undercatch Determination 2013 (the Determination) specifies the percentages and weights for each quota species in a sub-area for the 2013 fishing season (clause 5). These percentages and weights determine the allowable undercatch and overcatch, allowing for flexibility in quota management across fishing seasons. The Determination is a legislative instrument under the Legislative Instruments Act 2003, which came into effect immediately after its registration on the Federal Register of Legislative Instruments (clause 2). It will cease to have effect on 1 May 2014 unless revoked earlier (clause 3). The terms used in the Determination have the same meanings as those in the Small Pelagic Fishery Management Plan 2009 and the Fisheries Management Act 1991 (clause 4). The obligations imposed by the Determination require the Australian Fisheries Management Authority (AFMA) to determine specific percentages and weights for each quota species for each sub-area of the fishery. These determinations are based on the best scientific advice provided by the Resource Assessment Group and the South East Management Advisory Committee. The Authority must consider all comments received during the consultation process when making these determinations. The quotas are intended to ensure sustainable fishing practices by managing the total allowable catch for each species within the fishery. Under the Determination, there are no specific offences, penalties, or consequences mentioned for breach of the Determination's provisions. However, failure to comply with the quotas and determinations could potentially result in enforcement actions under the Fisheries Management Act 1991, including fines and other penalties as prescribed by the Act. These enforcement measures are designed to ensure adherence to the sustainable management practices established by the Determination and the broader fishery management framework.