Small Pelagic Fishery Total Allowable Catch (Quota Species) Determination 2013

Overview

The Small Pelagic Fishery Total Allowable Catch (Quota Species) Determination 2013, enacted by the Australian Fisheries Management Authority under the Fisheries Management Act 1991, addresses the need for a structured management plan to regulate the annual catch limits for small pelagic fish species within the fishery. This legislation was introduced to ensure sustainable management of fish stocks, taking into account scientific advice and stakeholder consultation, thus filling a critical gap in the regulation of fishing capacity and allowable catches in the small pelagic fishery. The policy objective is to set Total Allowable Catches (TACs) that are informed by the best available scientific evidence while also considering ecological and economic factors, thereby promoting the sustainable use of fishery resources.

Scope and Application

The Small Pelagic Fishery Total Allowable Catch (Quota Species) Determination 2013 applies to the Australian Fisheries Management Authority (the Authority) in its capacity to manage the Small Pelagic Fishery under the Fisheries Management Act 1991. The Determination sets out the Total Allowable Catch (TAC) for each quota species within the fishery, divided into two sub-areas, for the 2013 fishing season. The fishery itself extends along the southern coast of Australia from the Queensland/New South Wales border to latitude 31° south, managed through individually transferable quotas. The main species targeted include Jack Mackerel, Blue Mackerel, Redbait, and Australian Sardines, which are primarily used for domestic purposes such as fishmeal, bait, and human consumption. The Authority's determination of the TAC is informed by consultation with relevant management advisory committees and fishery assessment groups, taking into account factors such as stock status, ecological implications, and fishing mortality. The Determination is a legislative instrument under the Legislative Instruments Act 2003, and it outlines the specific TACs for each species and sub-area, with the TAC representing the recommended commercial catch for each species derived from recommended biological catches and adjusted for incidental catch and other factors. The Determination is effective from the day after its registration on the Federal Register of Legislative Instruments and ceases on 1 May 2014 unless earlier revoked.

Key Provisions

The Small Pelagic Fishery Total Allowable Catch (Quota Species) Determination 2013 (the Determination) is a legislative instrument that sets the Total Allowable Catch (TAC) for each quota species and sub-area in the fishery for the 2013 fishing season. This determination is made under section 17 of the Fisheries Management Act 1991 (the Act) and section 17 of the Small Pelagic Fishery Management Plan 2009 (the Plan). According to these provisions, the Australian Fisheries Management Authority (the Authority) is required to determine a TAC for each quota species for a sub-area of the fishery for a season before the start of the season, specifying the TAC in whole weight or another specified weight and the sub-area to which the TAC applies. The Determination also mandates that before determining a TAC, the Authority must consult and consider the views of each relevant management advisory committee and take into account advice from the relevant fishery assessment group about the stock status of a quota species, among other considerations. The Authority has several obligations under the Act and the Plan. Firstly, it must determine a TAC for each quota species for each sub-area of the fishery before the start of the fishing season. This process involves consulting with the relevant management advisory committee and considering advice from the fishery assessment group. The Authority must also take into account various factors such as fishing mortality from all sub-areas within the fishery, ecological implications of harvesting the TAC, distribution and population structure of the species, and the precautionary principle. Additionally, the Authority is required to ensure that the TAC is expressed in a specified weight and applies to the correct sub-area or part of the sub-area. Failure to comply with the provisions of the Determination may result in civil or criminal consequences. Under the Fisheries Management Act 1991, any person who contravenes a provision of the Act or the Plan may be subject to penalties. For example, an individual who exceeds their allocated quota may be fined or imprisoned. The maximum penalty for contravening a provision of the Act is generally a fine of up to $22,200 for individuals and $111,000 for bodies corporate, or imprisonment for up to two years, or both. Additionally, under the Criminal Code, a person who wilfully or recklessly contravenes a provision of the Act may be subject to a fine of up to $55,500 for individuals and $277,500 for bodies corporate, or imprisonment for up to five years, or both. These penalties reflect the seriousness of non-compliance with fishery management regulations and aim to deter unlawful activities that could harm the sustainability of the fishery. The Determination also includes clauses that govern its commencement, duration, and interpretation. Clause 1 provides for the Determination to be cited as the Small Pelagic Fishery Total Allowable Catch (Quota Species) Determination 2013. Clause 2 specifies that the Determination commences on the day after registration on the Federal Register of Legislative Instruments. Clause 3 states that the Determination ceases as if it was revoked on 1 May 2014 unless earlier revoked. Clause 4 ensures that any term used in the Determination and in the Plan or Act has the same meaning in the Determination as in the Plan or Act. These clauses provide clarity and legal certainty regarding the scope and application of the Determination.