Small Pelagic Fishery Overcatch and Undercatch Determination 2015

Administered by Department of Agriculture

Legislation au F2015L00611 Not in force Legislative Instrument

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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 2015

 

 

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 2015 (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 2015 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 2015.

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 2016 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 2013 fishing season commencing on 1 May 2015 and ending on 30 April 2016.  

 

 

 

Overview

The Small Pelagic Fishery Overcatch and Undercatch Determination 2015 was enacted to address the management of overcatch and undercatch within the Small Pelagic Fishery, as governed by the Fisheries Management Act 1991. This Act was introduced by the Australian Fisheries Management Authority (AFMA) to establish a management framework for fisheries, including the capacity for setting quotas and determining overcatch and undercatch percentages for fisheries. The 2015 Determination specifically provides the percentages and weights for each quota species for a sub-area concerning overcatch and undercatch for the 2015 fishing season, facilitating the flexibility for fishers to adjust their catch within certain limits and carry over or under quotas to the next season, albeit with a decremented weight. The AFMA followed a rigorous consultation process involving scientific assessments and stakeholder discussions to derive the recommended biological catch for each species, ensuring that the Determination aligns with the best available scientific advice. This process underscores the policy objective of sustainable fishery management, balancing ecological sustainability with the needs of the fishing industry.

Scope and Application

The Small Pelagic Fishery Overcatch and Undercatch Determination 2015 applies to the management of the Small Pelagic Fishery, which spans from the Queensland/New South Wales border to a line at latitude 31° south, excluding areas within 3 nautical miles of the coast, and is divided into two sub-areas. This legislation governs the fishing capacity, quotas, and output controls in the form of individually transferable quotas for each quota species within this fishery, including Jack Mackerel, Blue Mackerel, Redbait, and Australian Sardines. The Determination is instrumental in managing the overcatch and undercatch of these species, allowing for the flexibility of carrying over or under quota between fishing seasons, with specific rates of decrement for the subsequent season. The Determination is applicable to all entities and individuals engaged in fishing activities within the specified geographic boundaries of the Small Pelagic Fishery, and it is subject to the provisions of the Fisheries Management Act 1991 and the Small Pelagic Fishery Management Plan 2009. It is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments, ceasing on 1 May 2016 unless earlier revoked.

Key Provisions

The Small Pelagic Fishery Overcatch and Undercatch Determination 2015 (the Determination) is a legislative instrument created under section 17 of the Fisheries Management Act 1991 (the Act) to manage the overcatch and undercatch of quota species within the Small Pelagic Fishery (the fishery). The Determination sets the specific percentages and weights for each quota species in a sub-area for the 2015 fishing season. Under section 29 of the Small Pelagic Fishery Management Plan 2009 (the Plan), the Determination allows for the Authority to determine the percentages and weights for a quota species for a sub-area in relation to overcatch. Section 30 of the Plan allows for the Authority to determine the percentages for a quota species in relation to undercatch. The determination of these percentages and weights is crucial for managing the allowable catch limits and ensuring sustainable fishing practices. The Determination imposes specific obligations on the parties involved in the fishery. It mandates that fishers adhere to the determined percentages and weights for each quota species in their respective sub-areas. This includes managing their catch to avoid exceeding the overcatch or falling below the undercatch thresholds. Failure to comply with these determined limits may result in penalties and deductions from their quota in the following fishing season. The Determination also requires the Authority to monitor and enforce compliance with these provisions to ensure the sustainability of the fishery. The Determination establishes clear consequences for breaches of its provisions. Fishers who exceed the overcatch or fall below the undercatch thresholds may face penalties. For overcatch, the excess catch is debited from the next season's quota at twice the rate, effectively reducing the available quota for that species. For undercatch, the shortfall is credited to the next season's quota but is subject to the same doubling rule when debited. Non-compliance with these obligations may result in civil or criminal penalties, including fines and potential revocation of fishing licences. These measures are designed to enforce adherence to the management plan and promote sustainable fishing practices.

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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.