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 OVERCATCH AND UNDERCATCH DETERMINATION 2014
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 29 of the Small Pelagic Fishery Management Plan 2009 (the Plan) provides that the Authority may determine percentages and weights for a quota species, for a sub-area of the fishery for a fishing season. These provisions concern the calculation of overcatch.
Section 30 of the Plan provides that the Authority may determine percentages for a quota species for a fishing season. These provisions concern the calculation of undercatch.
The Small Pelagic Fishery Overcatch and Undercatch Determination 2014 (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Determination determines the amounts and percentages for each quota species for a sub-area in relation to undercatch and overcatch for the 2014 fishing season. Undercatch and overcatch provides for ‘carry over’ or ‘carry under’ of quota between fishing seasons thereby allowing fishers the flexibility to catch a certain amount of fish over or under their quota, and debit or credit this to or from their next season’s fishing quota, noting that the determined weight is decremented against their holdings the following season at twice the rate.
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 season. 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 Authority’s consultation process was initiated by relevant species stock assessments, which were presented by scientific members to industry, management members and observers for discussion by the Resource Assessment Group (RAG). The stock assessments are based on the Small Pelagic Fishery Harvest Strategy (HS) and include a recommended biological catch (RBC) for each quota species under the Plan. The RBC provides the best scientific advice on what the total mortality should be for each species or stock, taking into account fishing and natural mortality and any ecological implications of harvesting the species.
Advice from the RAG was then considered by the South East Management Advisory Committee (the Committee). The undercatch and overcatch percentages and determined weights were then sent to the Authority’s Commission for determination along with all comments received.
Regulation Impact Statement
The Office of Best Practice Regulation 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 Determination are set out below:
Clause 1 | Provides for the Determination to be cited as the Small Pelagic Fishery Overcatch and Undercatch Determination 2014. |
Clause 2 | Provides that the Determination commences on the day after registration on the Federal Register of Legislative Instruments. |
Clause 3 | Provides that the Determination ceases as if it was revoked on 1 May 2015 unless earlier revoked. |
Clause 4 | Provides that a term used in the Determination and in the Plan or Act has the same meaning in the Determination as in the Plan or Act. |
Clause 5 | Determines the percentage and weight, under section 29 of the Plan (Obligation relating to overcatch), and the percentage under section 30 of the Plan (Obligation relating to undercatch) for each quota species for a sub-area for the 2014 fishing season commencing on 1 May 2014 and ending on 30 April 2015. |