Southern and Eastern Scalefish and Shark Fishery Overcatch and Undercatch (2010 Fishing Year) Determination

Administered by Department of Agriculture

Legislation au F2010L00783 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Authority of the Commission of

the Australian Fisheries Management Authority

 

Fisheries Management Act 1991

Southern and Eastern Scalefish and Shark Fishery Management Plan 2003

 

Southern and Eastern Scalefish and Shark Fishery

overcatch and undercatch (2010 Fishing Year) Determination

 

Section 17 of the Fisheries Management Act 1991 (the Act) provides for the Australian Fisheries Management 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 AFMA 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 24 (1) of the Southern and Eastern Scalefish and Shark Management Plan 2003 (the Plan) provides that AFMA must, no later than 31 March immediately before the commencement of each fishing year, determine amounts and percentages for sections 22, 22A and 23 for each quota species for the fishing year. These provisions concern the calculation of undercatch and overcatch.

 

Section 24 (3) of the Plan provides that, before AFMA determines an amount or percentage for a quota species for a fishing year, 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 the precautionary principle; and, it may consider the views (if any) of any interested person.

 

The Fishery

The Southern and Eastern Scalefish and Shark Fishery (SESSF) covers the area of  waters from approximately 80 nautical miles off the coast near Fraser Island in Queensland, south around Tasmania and west to Cape Leeuwin in Western Australia. The area of this fishery encompasses almost half of the waters within the Australian Fishing Zone. The SESSF operates in both Commonwealth and state waters under complex jurisdictional arrangements, because of different Offshore Constitutional Settlements (OCS) arrangements with each state.

 

Management in the SESSF is mainly through output controls in the form of total allowable catch (TAC) limits set under the Commonwealth Harvest Strategy Policy and the specific SESSF Harvest Strategy Framework (HSF). Input controls used include a limit on the number of boats that operate in each sector as well as gear requirements such as limits on mesh size and the amount of fishing gear that can be used.

 

 

Consultation

The AFMA consultation process is initiated by relevant species stock assessments, which were presented by scientific members to industry, management members and observers for discussion at Resource Assessment Groups (RAGs). The stock assessments are based on the HSF and include a recommended biological catch (RBC). The RBC provides the best scientific advice on what the total mortality should be for each species or stock, taking into account fishing and natural mortality and any ecological implications of harvesting the species.

 

The RBCs were translated into proposed total allowable catches (TACs). The TAC represents the recommended commercial catch for each species or stock, and is derived by subtracting from the RBC the expected mortality from incidental catch, discards, and landings in other jurisdictions, and by applying decision rules contained in the HSF, which is endorsed by the AFMA Commission.

 

Advice from the RAGs were then considered by the South East Management Advisory Committees (SEMAC), Great Australian Bight Management Advisory Committee (GABMAC), and the Great Australian Bight Industry Association (GABIA) under co-management arrangements. The MACs and GABIA discussed the TAC recommendations, as well as undercatch and overcatch percentages and determined amounts which provide for ‘carry over’ or ‘carry under’ of quota between fishing seasons. These provisions allow fishers the flexibility to catch a certain amount of fish over or under their quota, and debit or credit this to next season’s fishing quota.

 

The recommended TACs for all species in the SESSF, and agreed undercatch and overcatch percentages and determined amounts, were then sent to the AFMA Commission for determination along with all comments from the MACs, GABIA, RAG advice, and individual submissions.

 

The Southern and Eastern Scalefish and Shark Fishery Overcatch and Undercatch (2010 Fishing Year) Determination determines the overcatch and undercatch percentages and determined amounts for quota species in the SESSF, for the period 1 May 2010 to 30 April 2011. The terms ‘determined amount’ and ‘determined percentage’ are defined in section 21A of the Plan.

 

Regulation Impact Statement

The Office of Best Practice Regulation (OBPR) advised AFMA that a Regulation Impact Statement (RIS) was not required for the determination of overcatch and undercatch percentages and determined amounts for quota species in the SESSF for the 2010 season. (OBPR ID 11131).

 

Details of the Determination are set out below:

Clause 1 provides for the Determination to be cited as 2010 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 the Determination, the determined overcatch and undercatch percentages and the determined amounts, under sections 22, 22A and 23 of the Plan.

Overview

The Southern and Eastern Scalefish and Shark Fishery Overcatch and Undercatch (2010 Fishing Year) Determination, issued under the Fisheries Management Act 1991, addresses the need to establish the permissible overcatch and undercatch percentages and amounts for quota species within the Southern and Eastern Scalefish and Shark Fishery (SESSF) for the 2010 fishing year. Enacted by the Australian Fisheries Management Authority (AFMA), this determination aims to ensure sustainable management and conservation of fish stocks within the SESSF. The SESSF covers a vast area from Queensland, around Tasmania, and to Western Australia, operating under complex jurisdictional arrangements due to differing Offshore Constitutional Settlements with each state. The determination process involved extensive consultation with various management advisory committees and industry associations, taking into account stock assessments and scientific advice on recommended biological catches and total allowable catches. The policy objective is to balance the economic needs of fishers with the ecological imperative of maintaining sustainable fish populations.

Scope and Application

The Southern and Eastern Scalefish and Shark Fishery Overcatch and Undercatch (2010 Fishing Year) Determination applies to the Southern and Eastern Scalefish and Shark Fishery, which covers a significant portion of the Australian Fishing Zone, extending from Fraser Island in Queensland around Tasmania to Cape Leeuwin in Western Australia. This determination is made under Section 17 of the Fisheries Management Act 1991, which empowers the Australian Fisheries Management Authority (AFMA) to establish management plans for fisheries, including measures for fishing capacity and quotas. The determination is applicable to both Commonwealth and state waters, reflecting the complex jurisdictional arrangements due to the Offshore Constitutional Settlements with various states. It specifically addresses the calculation of overcatch and undercatch percentages for quota species for the period from 1 May 2010 to 30 April 2011, in accordance with Section 24 of the Southern and Eastern Scalefish and Shark Management Plan 2003. AFMA must consult with relevant management advisory committees, consider scientific assessments, and apply the precautionary principle before determining these figures. This process ensures that the fishery is managed sustainably while taking into account the views of stakeholders and the best available scientific advice.

Key Provisions

The main operative sections of the Southern and Eastern Scalefish and Shark Fishery Overcatch and Undercatch (2010 Fishing Year) Determination are sections 22, 22A, and 23 of the Southern and Eastern Scalefish and Shark Management Plan 2003. These sections pertain to the calculation of undercatch and overcatch percentages and the determination of specific amounts for quota species in the fishery for the 2010 fishing year. Section 24 of the Plan mandates that the Australian Fisheries Management Authority (AFMA) must determine these amounts and percentages before the commencement of each fishing year, taking into account various considerations such as stock assessments, management advisory committee views, and the precautionary principle. Section 24(3) of the Plan further stipulates that AFMA must consult with relevant management advisory committees and consider advice from fishery assessment groups before determining the amounts and percentages for each quota species. The Act imposes several obligations and requirements on AFMA and other relevant parties. AFMA must ensure that it consults with and considers the views of each relevant management advisory committee before determining the amounts and percentages for quota species. This consultation process is integral to the determination process and aims to incorporate diverse perspectives and expert advice into the decision-making framework. Additionally, AFMA must consider the advice of fishery assessment groups regarding the stock status of quota species and apply the precautionary principle in its determinations. The Plan allows for flexibility in managing quotas through provisions that permit a certain degree of overcatch or undercatch, which can be carried over to the next fishing season. This mechanism is designed to accommodate variability in fishing activities and stock assessments while maintaining sustainable fishing practices. Failure to comply with the provisions of the Southern and Eastern Scalefish and Shark Fishery Overcatch and Undercatch (2010 Fishing Year) Determination could result in various civil and criminal consequences. Although the text does not specify the exact penalties, non-compliance with fishery management plans and determinations can lead to enforcement actions under the Fisheries Management Act 1991. These actions may include fines, penalties, or other administrative measures. The precise penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Act and any relevant regulations. Enforcement actions are intended to ensure adherence to fishery management plans and to uphold the sustainability and effective management of the fishery resources. The determination process for the 2010 fishing year is rooted in rigorous scientific assessments and consultations with industry stakeholders and advisory committees. The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this determination, reflecting the established nature of the processes and considerations involved. This advice underscores the systematic approach taken by AFMA in managing the fishery, balancing ecological sustainability with the practical needs of the fishing industry. The comprehensive consultation and consideration process ensures that the determinations are well-informed and reflect a balanced approach to fishery management.

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Environmental Law
Fisheries Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.