Small Pelagic Fishery Total Allowable Catch (Quota Species) Determination 2014

Overview

The Small Pelagic Fishery Total Allowable Catch (Quota Species) Determination 2014, issued under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority, sets the Total Allowable Catch (TAC) for quota species within the Small Pelagic Fishery for the 2014-15 fishing season. This legislation was enacted to address the need for sustainable management of fishery resources, ensuring that the fishing practices are ecologically responsible and economically viable. The Authority is mandated by section 17 of the Fisheries Management Act 1991 to determine management plans for fisheries, including the establishment of TACs, which are crucial for maintaining fish stocks at sustainable levels. The policy objective is to provide a framework for managing the fishery sustainably, taking into account scientific advice, ecological considerations, and the views of stakeholders. The process for determining the TAC involved extensive consultation with the Resource Assessment Group and the South East Management Advisory Committee, as outlined in the Small Pelagic Fishery Management Plan 2009. The Authority considered stock assessments, recommended biological catches, and the ecological implications of harvesting each species. The TACs derived from this process are intended to reflect the best scientific advice on sustainable fishing levels, ensuring that the fishery can be managed effectively while supporting the needs of industry and the broader ecosystem.

Scope and Application

The Small Pelagic Fishery Total Allowable Catch (Quota Species) Determination 2014 is a legislative instrument under the Fisheries Management Act 1991, specifically targeting the management of the Small Pelagic Fishery in Australian waters. This Determination applies to the entire Small Pelagic Fishery, which stretches from the Queensland/New South Wales border, typically beyond three nautical miles, around the southern coast of Australia to a line at latitude 31° south, near Lancelin north of Perth. The fishery is divided into eastern and western sub-areas by latitude 146°30’00”. This Act applies to entities and individuals engaged in fishing activities within the specified fishery areas, focusing on the management of fishing capacity and the setting of Total Allowable Catches (TAC) for quota species such as Jack Mackerel, Blue Mackerel, Redbait, and Australian Sardine. The TACs are determined for each quota species for each fishing year and are established to ensure sustainable fishing practices by considering ecological implications, stock status, and distribution and population structure of the species. The application of the Determination is overseen by the Australian Fisheries Management Authority, which consults with relevant management advisory committees and considers advice from fishery assessment groups and other interested parties before finalising the TACs.

Key Provisions

The Small Pelagic Fishery Total Allowable Catch (Quota Species) Determination 2014 sets out the Total Allowable Catch (TAC) for each quota species within the Small Pelagic Fishery for the 2014-15 fishing season (section 5). The TAC is the total quantity of fish that can be legally caught in each sub-area for each quota species, and is determined in whole weight or another specified weight. This determination is made under the authority of section 17 of the Fisheries Management Act 1991, which allows the Australian Fisheries Management Authority (the Authority) to set management plans for fisheries, including the TAC (section 17(6)(aa)). Before setting the TAC, the Authority must consult with the relevant management advisory committee and consider their views, along with advice from the fishery assessment group on the stock status of the species, and any other interested parties (section 18). The TAC is calculated based on recommended biological catches provided by the Resource Assessment Group, adjusted for factors such as incidental catch, discards, and landings in other jurisdictions, and is subject to approval by the Authority's Commission. The Act imposes several obligations on the Authority and other entities involved in the Small Pelagic Fishery. The Authority must determine the TAC for each quota species before the start of the fishing season, taking into account various factors such as stock assessments, ecological implications, and the precautionary principle (section 17). The Authority is also required to consult with the relevant management advisory committee and consider their views, as well as advice from the fishery assessment group and other interested parties (section 18). The Act also requires the Authority to ensure that the TAC is set in a manner that is consistent with the objectives of the Small Pelagic Fishery Management Plan 2009, which includes ensuring the sustainability of the fishery and protecting the marine environment. Breach of the provisions of the Act or the Determination may result in civil or criminal penalties. For example, fishing in excess of the TAC is an offence under section 149 of the Fisheries Management Act 1991, and may result in a fine of up to $22,200 for an individual or $111,000 for a body corporate. Other offences under the Act may also attract penalties, such as unauthorised fishing, which may result in a fine of up to $11,100 for an individual or $55,500 for a body corporate. In addition, any person who interferes with or obstructs an authorised officer in the performance of their duties under the Act may be guilty of an offence and liable to a fine of up to $5,550 for an individual or $27,750 for a body corporate. The Act also provides for the recovery of costs incurred by the Authority in relation to the investigation and prosecution of offences.