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 TOTAL ALLOWABLE CATCH (QUOTA SPECIES) 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 17 of the Small Pelagic Fishery Management Plan 2009 (the Plan) provides that the Authority must determine a Total Allowable Catch (TAC) for each quota species for a sub-area of the fishery for a season before the start of the season. The determination of a TAC must specify the TAC expressed in whole weight or a specified other weight and must specify the sub-area of the fishery to which the TAC applies, or if the TAC applies to a part of the sub-area, that part of the sub-area.
Section 18 of the Plan provides that, before the Authority determines a TAC for a quota species for a sub-area or part of a sub-area for a season, it must consult and consider the views of each relevant management advisory committee. It must take into account advice from the relevant fishery assessment group about the stock status of a quota species and may consider the views of any other interested person. It must also take into account all fishing mortality from all sub-areas within the fishery and overlapping or adjacent fisheries, the ecological implications of harvesting the TAC, the distribution and population structure of the species and the precautionary principle.
The Small Pelagic Fishery Total Allowable Catch (Quota species) Determination 2016 (the Determination) determines the TAC for each quota species and sub-area for the 2016-17 fishing season.
The Determination is a legislative instrument for the purposes of the Legislation Act 2003.
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 year. The main target species in the Fishery are Jack Mackerel, Blue Mackerel, Redbait and Australian Sardine.
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 TAC for each stock. The TAC is the RBC minus other known sources of fishing mortality. Advice was sought form the Panel, key stakeholders and SEMAC between December 2015 and February 2016.
The Authority’s Commission considered the advice from the Panel, key stakeholders and SEMAC when determining the TACs 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 Total Allowable Catch (Quota Species) 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 total allowable catch (TAC) for each quota species and sub-area in the Fishery for the 2016 fishing season. |
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Small Pelagic Fishery Total Allowable Catch (Quota Species) Determination 2016
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
Section 17 of the Small Pelagic Fishery Management Plan 2009 (the Plan) provides that AFMA must determine a Total Allowable Catch (TAC) for each quota species for a sub-area of the fishery for a season before the start of the season. The determination of a TAC must specify the TAC expressed in whole weight or a specified other weight and must specify the sub-area of the fishery to which the TAC applies, or if the TAC applies to a part of the sub-area, that part of the sub-area.
Section 18 of the Plan provides that, before AFMA determines a TAC for a quota species for a sub-area or part of a sub-area for a season, it must consult and consider the views of each relevant management advisory committee. It must take into account advice from the relevant fishery assessment group about the stock status of a quota species and may consider the views of any other interested person. It must also take into account all fishing mortality from all sub-areas within the fishery and overlapping or adjacent fisheries, the ecological implications of harvesting the TAC, the distribution and population structure of the species and the precautionary principle.
The Small Pelagic Fishery Total Allowable Catch (Quota species) Determination 2016 determines the TAC for each quota species and sub-area for the 2016-17 fishing season.
Advice from the Small Pelagic Fishery Scientific Panel was considered by the South East Management Advisory Committee (the Committee). The Committee discussed the TAC recommendations at their meeting on 17 February 2016.
The recommended TAC for each quota species for each sub-area in the Fishery were then sent to AFMA’s Commission for determination along with all comments from the Committee and Scientific Panel.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues. The AFMA Commission is satisfied that the instrument is consistent with AFMA’s obligation to pursue its statutory objectives. The instrument is machinery in nature and sets the catch limits for quota species in the fishery thereby allowing statutory fishing right holders the ability to take a proportion of that total allowable catch for the 2016 fishing season.