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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Overview
The Small Pelagic Fishery Overcatch and Undercatch Determination 2016, enacted by the Australian Fisheries Management Authority under the Fisheries Management Act 1991, aims to provide specific management measures for the small pelagic fishery, addressing the need to control and manage the overcatch and undercatch of quota species within this fishery. The 2016 Determination establishes the allowable percentages and weights for overcatch and undercatch for each quota species in the fishery’s sub-areas for the 2016 fishing season. This instrument responds to the legislative framework established by the Fisheries Management Act 1991, which empowers the Authority to set management plans that include provisions for managing fishing capacity and quota species over and undercatch. The policy objective is to ensure sustainable management of fishery resources by allowing for flexibility in catch limits while maintaining the overall sustainability of the fishery. The Authority bases its determinations on advice from scientific panels and management advisory committees, ensuring that the management measures are informed by the latest biological data and management practices.
Scope and Application
The Small Pelagic Fishery Overcatch and Undercatch Determination 2016 applies to all individuals and entities involved in the small pelagic fishery in Australia, 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, divided into sub-areas East and West of latitude 146°30'00”. The legislation governs the management of fishing capacity within the fishery, measured through output controls in the form of individually transferable quotas for each quota species per fishing season, with a Total Allowable Catch (TAC) established for each species. The main target species in the fishery are Jack Mackerel, Blue Mackerel, Redbait, and Australian Sardines. The Determination is issued under the authority of the Australian Fisheries Management Authority (AFMA) and is a legislative instrument for the purposes of the Legislation Act 2003. It specifies the percentages and weights for quota species concerning overcatch and undercatch for the 2016 fishing season, facilitating the flexibility of quota carry over or under between fishing seasons. This Determination ensures compliance with the Fisheries Management Act 1991 and the Small Pelagic Fishery Management Plan 2009, reflecting advice from the Small Pelagic Fishery Scientific Panel and the South East Management Advisory Committee.
Key Provisions
The Small Pelagic Fishery Overcatch and Undercatch Determination 2016 (the Determination) outlines specific percentages and weights for overcatch and undercatch for each quota species in the fishery for the 2016 fishing season (Clause 5). This determination is made under section 29 and 30 of the Small Pelagic Fishery Management Plan 2009, which allows the Australian Fisheries Management Authority (the Authority) to set these parameters for quota species within a specified sub-area. This is crucial for managing the fishery effectively and ensuring compliance with the set quotas.
Entities governed by this Act, including fishers and quota holders, are required to adhere to the specified overcatch and undercatch percentages and weights for the 2016 fishing season (Clause 5). This entails accurately calculating and reporting their catch in alignment with the determined parameters to avoid exceeding their allowable catch limits. Failure to comply with these provisions could result in penalties or other regulatory consequences.
Breaches of the specified overcatch and undercatch percentages and weights can lead to various consequences, including financial penalties and potential revocation of fishing permits. While specific penalties are not detailed in the Determination, it is implied that non-compliance could attract sanctions under the Fisheries Management Act 1991 and associated regulations. These could include fines and other enforcement actions aimed at ensuring adherence to the management plan and the sustainable use of fishery resources.
The Authority is mandated to ensure that the fishery is managed in a way that maintains sustainable fish populations. The Determination plays a critical role in this by setting clear parameters for allowable overcatch and undercatch. The Authority is also responsible for monitoring compliance and taking appropriate action against those who fail to adhere to the set provisions. This ensures that the fishery remains sustainable and that the resource is managed effectively for future generations.