EXPLANATORY STATEMENT
Issued by the Authority of the Managing Director
of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Southern and Eastern Scalefish and Shark Fishery Management Plan 2003
SESSF Determinations No. 03
Subsection 17(6) of the Fisheries Management Act 1991 (the Management Act) provides that a plan of management made under the Management Act may provide for the Australian Fisheries Management Authority (AFMA) to give particular determinations for the purposes of attaining the objectives of the plan of management.
Section 24 (3) of the Plan provides that, in determining an amount or percentage for a quota species for a fishing year, AFMA must consult and consider the views of, each relevant management advisory committee.
Section 92 of the Fisheries Administration Act 1991 provides for AFMA to delegate its powers and functions to, among others, the Managing Director of AFMA. Subsection 17 (11) of the Management Act permits AFMA to delegate its powers to make determinations (among other things) only to the Managing Director. AFMA has delegated its power to make determinations to the Managing Director.
Historically, the Southern and Eastern Scalefish and Shark Fishery (SESSF) has been managed as four separate fisheries, the South East Trawl Fishery (SETF), the South East Non-trawl Fishery (SENTF), the Southern Shark Fishery (SSF) and the Great Australian Bight Trawl Fishery (GABTF). In 2002, the SENTF and the SSF were merged to form the Gillnet, Hook & Trap Fishery (GHATF).
The SESSF covers the area of waters from around 80nm off the coast near Fraser Island Queensland to Cape Leeuwin, Western Australia. The area of this fishery covers nearly half of the waters within the Australian Fishing Zone (AFZ) of mainland Australia and Tasmania. The SESSF has complex jurisdictional arrangements, because of different Offshore Constitutional Settlements (OCS) with all Australian States.
AFMA has brought all these fisheries together through the development of the Southern and Eastern Scalefish and Shark Management Plan 2003 to best pursue the future direction for this fishery.
Under this new structure the fishery will be divided into a number of different sectors. These are the South East Trawl Sector, Great Australian Bight Trawl Sector, Scalefish Hook Sector, Shark Hook Sector and Gillnet Sector.
The SESSF is managed using a mixture of input and output controls. There is a limit on the number of boats that operate in each sector as well as limits on mesh size and the amount of fishing gear that can be used. Individual Transferable Quota (ITQs) were introduced into the SETF in 1992 for 16 scalefish species. In the SENTF, ITQs were introduced for 3 key species in 1998, with the remaining SETF scalefish species in 2002. ITQs for school and gummy shark were introduced to SSF, SETF and GABTF in 2001, ITQs for elephant fish family and saw shark were introduced in 2002 to the SETF, SSF and GABTF. ITQs for all the shark species were introduced in the SENTF in 2003. For 2005, ITQs will be introduced into the SESSF for deepwater species. These will be smooth dory – Cascade Plateau, smooth dory – all of SESS except Cascade Plateau, oreos (mixed basket of warty, spiky, rough and black oreo), deepwater sharks (east and west sectors) and ribaldo cod.
SESSF Determination No. 03 determines the overcatch and undercatch percentages and determined amounts for quota species in the SESSF for the 2005 fishing year.
AFMA consulted with SETMAC and GHATMAC prior to making the Determination. SETMAC and GHATMAC supported the making of this Determination.
Details of the Determination are set out below:
Clause 1 provides for the Determination to be cited as 2005 SESSF D3.
Clause 2 provides for the commencement of the Determination.
Clause 3 defines terms used in the Determination.
Clause 4 sets out the period of application of this Determination, the determined overcatch and undercatch percentages and the determined amounts.
2005 SESSF D3
Overview
The Fisheries Management Act 1991 was enacted to provide for the sustainable management of fisheries resources within Australia's jurisdiction, addressing the need for a coordinated approach to the regulation and conservation of marine resources. The 2005 Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 Determinations No. 03 was introduced to provide specific regulations for the Southern and Eastern Scalefish and Shark Fishery (SESSF) for the 2005 fishing year. This determination was issued under the authority of the Australian Fisheries Management Authority (AFMA) and is aimed at ensuring the effective management of quotas and the sustainable exploitation of fishery resources in the SESSF. The policy objective of this determination is to balance the economic interests of fishers with the conservation needs of the fishery, by setting specific overcatch and undercatch percentages and determined amounts for quota species, based on consultations with relevant management advisory committees.
Scope and Application
The Fisheries Management Act 1991 applies to the management of fisheries within Australia's Fishing Zone, encompassing various entities such as the Australian Fisheries Management Authority (AFMA) and the relevant management advisory committees. This legislation facilitates the creation of management plans and determinations to regulate the fishing activities, particularly focusing on quota species and input/output controls. The Southern and Eastern Scalefish and Shark Fishery Management Plan 2003, which integrates the previously separate fisheries into a unified management structure, applies to the waters extending from 80 nautical miles off the coast near Fraser Island, Queensland, to Cape Leeuwin, Western Australia, covering nearly half of the Australian Fishing Zone. The jurisdictional scope of the SESSF is intricate due to the Offshore Constitutional Settlements with various Australian states. AFMA has the authority to make determinations under this Act, which have been delegated to the Managing Director of AFMA, as outlined in the Fisheries Administration Act 1991. The 2005 SESSF Determinations No. 03 specifies the overcatch and undercatch percentages and determined amounts for quota species in the SESSF for the 2005 fishing year, following consultation with the relevant management advisory committees. This determination is integral to achieving the objectives of the management plan and ensuring sustainable fisheries management within the specified geographic area.
Key Provisions
The main operative sections of the SESSF Determination No. 03 (Clauses 1-4) establish the citation, commencement, definitions, and application period of the determination, as well as the overcatch and undercatch percentages and determined amounts for quota species in the Southern and Eastern Scalefish and Shark Fishery (SESSF) for the 2005 fishing year. Clause 1 names the determination as "2005 SESSF D3," Clause 2 states the commencement date, Clause 3 provides definitions for terms used in the determination, and Clause 4 outlines the period of application and the specified overcatch and undercatch percentages and determined amounts for quota species.
The obligations and requirements imposed by this legislation on the parties governed by it include the necessity for the Australian Fisheries Management Authority (AFMA) to consult with relevant management advisory committees, such as SETMAC and GHATMAC, when determining overcatch and undercatch percentages and determined amounts for quota species in the SESSF. AFMA must also consider the views of these committees in accordance with Section 24(3) of the Management Plan. Additionally, the Managing Director of AFMA, to whom AFMA has delegated its power to make determinations, must adhere to the provisions set forth in this determination when managing the SESSF.
Under this legislation, any breaches or non-compliance with the SESSF Determination No. 03 may lead to civil or criminal consequences. Although the Explanatory Statement does not provide specific details about the offences, penalties, or consequences for breach, it is reasonable to infer that non-compliance with the requirements and obligations outlined in the determination may result in legal action, fines, or other sanctions as prescribed by the relevant legislation. The maximum penalties for such breaches would depend on the specific nature of the violation and the applicable laws governing fisheries management and enforcement in Australia.