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 2016
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 2016 (the Determination) is a legislative instrument for the purposes of the Legislation 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 2016 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.
Consultation
The Small Pelagic Fishery Scientific Panel (the Panel) provides advice to the Authority on the recommended biological catch (RBC) for each stock in the fishery. The South East Management Advisory Committee (SEMAC) provides advice to the Authority on the undercatch and overcatch percentages and weights for each stock. Advice on undercatch and overcatch percentages and weights was sought from SEMAC on 17 February 2016.
The Authority’s Commission considered the advice from SEMAC when determining the undercatch and overcatch for each stock for the 2016-17 fishing season.
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 2016. |
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 is repealed on 1 May 2017 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 2016 fishing season commencing on 1 May 2016 and ending on 30 April 2017. |
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