Southern and Eastern Scalefish and Shark Fishery Overcatch and Undercatch - 2006 Season

Overview

The Southern and Eastern Scalefish and Shark Fishery Management Plan 2003, enacted by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, addresses the need for effective management of fish stocks in the Southern and Eastern Scalefish and Shark Fishery (SESSF). The legislation establishes a framework for the management of this fishery, which spans a vast area of Australia's waters, extending from Queensland to Western Australia. The complexity of the fishery, involving multiple species, various fishing methods, and differing jurisdictional arrangements with the states, necessitated a robust management approach. The determination of overcatch and undercatch percentages and amounts for quota species within the SESSF for the 2006 fishing year, as outlined in the 2006 SESSF Determination No. 03, aims to provide flexibility in managing fish stocks while ensuring the sustainability and economic viability of the commercial fishing market. This approach recognises variations in species abundance and availability, thereby reducing administrative burdens on operators and simplifying compliance. The determination process involves extensive consultation with relevant stakeholders, including Resource Assessment Groups and Management Advisory Committees, ensuring that decisions are informed by scientific advice and stakeholder input.

Scope and Application

The Fisheries Management Act 1991 applies to the management of fisheries within the Australian Fishing Zone, encompassing various entities such as fishing operators, quota holders, and the Australian Fisheries Management Authority (AFMA), which is responsible for implementing the provisions of the Act. The Southern and Eastern Scalefish and Shark Fishery Management Plan 2003, along with the 2006 SESSF Determination No. 03, specifically governs the management of the Southern and Eastern Scalefish and Shark Fishery (SESSF), which spans from 80 nautical miles off the coast near Fraser Island, Queensland to Cape Leeuwin, Western Australia. This fishery involves a complex interplay of input and output controls, including limits on boat numbers, mesh sizes, and fishing gear, and it employs Individual Transferable Quotas (ITQs) to regulate various species. The legislation mandates that AFMA must determine overcatch and undercatch percentages and amounts for quota species before each fishing year, following consultations with relevant management advisory committees and considering stock assessments and other relevant advice. The determination process ensures that the fishery management is aligned with the precautionary principle and aims to balance stock sustainability with commercial operations.

Key Provisions

The main operative sections of the Fisheries Management Act 1991 (the Management Act) under the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the Plan) involve provisions that allow the Australian Fisheries Management Authority (AFMA) to make specific determinations to achieve the plan's objectives. Section 17(5) permits AFMA to determine fishing capacity for the fishery, while Section 17(6aa) specifies that such determinations can include the amounts and percentages for undercatch and overcatch for each quota species. The Plan itself mandates that AFMA must, before 5 December of the year preceding each fishing year, determine these undercatch and overcatch amounts and percentages for each quota species (Section 24(1)). This determination process requires AFMA to consult with relevant management advisory committees and consider their views (Section 24(2)). Additionally, AFMA must consider advice from fishery assessment groups regarding the stock status of quota species and may consider the views of any other interested parties, while also taking into account the precautionary principle (Section 24(2) and 24(3)). The obligations imposed by the Act on AFMA include the requirement to consult with relevant management advisory committees and consider their views before determining the undercatch and overcatch amounts and percentages for each quota species. AFMA must also consider advice from fishery assessment groups about the stock status of quota species and may take into account the views of any other interested parties. Furthermore, AFMA must adhere to the precautionary principle when making these determinations. The consultation process involves the Resource Assessment Groups (RAGs), which present species stock assessments to industry and management members for comment. The Management Advisory Committees (MACs) then consider this advice and present their arguments for each species' Total Allowable Catch (TAC) at a combined JointMAC meeting. AFMA management and MAC TAC recommendations, including the agreed undercatch and overcatch percentages and determined amounts, are subsequently sent to the board along with all comments expressed at JointMAC. There are specific civil and criminal consequences for breaches of the provisions set out in the Management Act and the Plan. Although the text does not specify the exact penalties, breaches of fisheries regulations typically result in significant fines and potential imprisonment. The severity of the penalties depends on the nature and extent of the breach. For example, exceeding the determined catch limits can result in fines and imprisonment. The Office of Regulation Review (ORR) has advised that a Regulation Impact Statement was not required for the determination of overcatch and undercatch percentages and determined amounts for quota species in the SESSF for the 2006 season, indicating that the measures in place are considered proportionate and necessary for the effective management of the fishery.