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 2017
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 2017 (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 2017 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 23-24 February 2017.
The Authority’s Commission considered the advice from SEMAC when determining the undercatch and overcatch for each stock for the 2017-18 fishing season.
Regulation Impact Statement
The Office of Best Practice Regulation does not require a Regulatory Impact Statement for this determination consistent with the carve out arrangement with AFMA (OBPR reference 14421) for instruments of a minor or machinery nature and which specifically refers to Total Allowable Catch Determinations for a fishery.
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 2017. |
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 2018 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 2017 fishing season commencing on 1 May 2017 and ending on 30 April 2018. |
S
Overview
The Small Pelagic Fishery Overcatch and Undercatch Determination 2017 is a legislative instrument enacted by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This Determination was introduced to address the need for managing the quota allowances within the small pelagic fishery, ensuring that the allowable catch limits for various species are adhered to while providing flexibility to fishers to manage their quotas between fishing seasons. The determination specifies the percentages and weights for overcatch and undercatch for each quota species in different sub-areas for the 2017 fishing season, facilitating the carry-over or carry-under of quota to the next season. This measure aims to maintain sustainable fishing practices while offering some operational flexibility to the industry.
The Authority, as the enacting body, considered advice from the South East Management Advisory Committee when determining the overcatch and undercatch percentages and weights for the 2017-18 fishing season. This approach ensures that the determination aligns with the scientific recommendations and industry input, ultimately aiming to balance conservation needs with the practicalities of fishery management. The Determination also complies with human rights as assessed by the Authority under the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Small Pelagic Fishery Overcatch and Undercatch Determination 2017 applies to the management of the Small Pelagic Fishery, which spans from the Queensland/New South Wales border around southern Australia to a line at latitude 31° south, east of the 3 nautical mile limit. The legislation targets fishers operating within this fishery, managing their output through individually transferable quotas and Total Allowable Catches (TAC) for each quota species per fishing season. The primary species managed under this Act include Jack Mackerel, Blue Mackerel, Redbait, and Australian Sardines. This legislation provides specific percentages and weights for quota species, facilitating the calculation of overcatch and undercatch, allowing for flexibility in quota management between fishing seasons. The Determination is effective from the day after its registration on the Federal Register of Legislative Instruments and remains in force until 1 May 2018, unless earlier revoked. The Authority considered advice from the South East Management Advisory Committee (SEMAC) in determining the overcatch and undercatch for each stock for the 2017-18 fishing season. The Authority has also assessed that this legislative instrument is compatible with human rights under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Small Pelagic Fishery Overcatch and Undercatch Determination 2017 (the Determination) is a legislative instrument that provides specific percentages and weights for quota species in relation to overcatch and undercatch for the 2017 fishing season. This Determination is made under section 29 and section 30 of the Small Pelagic Fishery Management Plan 2009, which allows for the calculation of overcatch and undercatch for the fishery. Section 29 of the Plan enables the Authority to determine percentages and weights for a quota species, while Section 30 allows for the determination of percentages for a quota species concerning undercatch. The Determination applies to the Small Pelagic Fishery, which includes the waters from the Queensland/New South Wales border, extending around southern Australia to latitude 31° south, divided into two sub-areas.
The Determination imposes specific obligations on the parties involved in the fishery. Firstly, it sets out the allowable percentages and weights for each quota species in each sub-area for the 2017 fishing season. This includes determining the allowable overcatch and undercatch for Jack Mackerel, Blue Mackerel, Redbait, and Australian Sardines. These determinations are based on advice from the South East Management Advisory Committee (SEMAC), which provides recommendations on undercatch and overcatch percentages and weights. The Authority must consider this advice when making its determinations, ensuring that the quotas are set in a manner that is scientifically sound and takes into account the sustainability of the fishery.
Breaches of the provisions in the Determination may result in various consequences, both civil and criminal. Firstly, fishers who exceed their quota allowances, whether through overcatch or undercatch, may face penalties. The exact penalties for exceeding quota are not explicitly stated in the Determination but are likely to be outlined in the broader Fisheries Management Act 1991. Generally, such breaches could result in fines, revocation of fishing licenses, or other administrative penalties. Additionally, if the breach is deemed serious, it could potentially lead to criminal charges, which could incur more severe penalties, including imprisonment. The exact penalties would depend on the specific breach and the circumstances surrounding it.