Southern and Eastern Scalefish and Shark Fishery (quota species) Total Allowable Catch (2009 Fishing Year) Determination

Administered by Department of Agriculture

Legislation au F2009L01200 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Authority of the Chief Executive Officer

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 (quota species) Total Allowable Catch (2009 Fishing Year) Determination

 

 

Subsection 17(5) of the Fisheries Management Act 1991 (the Act) provides that a plan of management made under the 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.

 

Subsection 17(6aa) 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 11 of the Southern and Eastern Scalefish and Shark Management Plan 2003 (the Plan) provides that AFMA must, no later than 31 March of the year preceding each fishing year, determine a total allowable catch (TAC) for each quota species for the fishing year. In determining a TAC for a quota species or a quota species in a particular area of the fishery AFMA must have regard to reference points for the species determined under section 9 of the Plan. A determination of a TAC must specify the TAC expressed in whole weight or a specified other weight and must specify the particular parts of the fishery to which the TAC applies.

 

Section 12 of the Plan provides that, before AFMA determines a TAC 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 all fishing mortality from all sectors 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 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, due to different Offshore Constitutional Settlement arrangements with each state.

 

 

Management in the SESSF is mainly through output controls in the form of total allowable catch (TAC) limits allocated as individual transferable quotas (ITQs). 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 SESSF Harvest Strategy Framework (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 from the RBC, and by applying decision rules determined in the 2009/10 SESSF TAC setting principles.

 

Advice from the RAGs were then considered by Management Advisory Committees (MACs) for the South East Trawl (SETMAC), Gillnet, Hook and Trap (GHATMAC) and Great Australian Bight (GABMAC) fisheries. The MACs discussed the TAC recommendations, as well as undercatch and overcatch percentages and determined amounts which provide for ‘carryover’ 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. TACs for the Great Australian Bight sector were established after the industry association considered the TAC decisions and rules previously endorsed by the Great Australian Bight Management Advisory Committee (GABMAC).

 

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 endorsement along with all comments from the MACs.

 

Regulation Impact Statement

The Office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement (RIS) was not required for the Determination of quota species TACs for the 2009 season. (ORR ID 10140).

 

Details of the Determination are set out below:

Clause 1 provides for the Determination to be cited as 2009 SESSF TAC D1.

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 and the determined amounts.

Overview

The Southern and Eastern Scalefish and Shark Fishery (quota species) Total Allowable Catch (2009 Fishing Year) Determination, issued under the Fisheries Management Act 1991, was enacted to address the need for precise management of fish stocks within the Southern and Eastern Scalefish and Shark Fishery (SESSF), a significant area covering nearly half of Australia's fishing zone. This determination was introduced to ensure that the Australian Fisheries Management Authority (AFMA) could effectively implement the Southern and Eastern Scalefish and Shark Management Plan 2003. The primary policy objective is to maintain sustainable fishing practices by setting total allowable catch (TAC) limits for quota species in the SESSF, thereby balancing ecological sustainability with the needs of the fishing industry. The AFMA's role involves determining these TACs after thorough consultation with relevant management advisory committees and consideration of scientific assessments and ecological factors, ultimately aiming to support the long-term health of fish stocks and the fishery's ecosystem.

Scope and Application

The Southern and Eastern Scalefish and Shark Fishery (quota species) Total Allowable Catch (2009 Fishing Year) Determination under the Fisheries Management Act 1991 applies to the Southern and Eastern Scalefish and Shark Fishery (SESSF), which spans 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. This area includes Commonwealth and state waters, subject to jurisdictional arrangements due to different Offshore Constitutional Settlements with each state. The primary application of this determination involves setting the total allowable catch (TAC) for quota species within the SESSF for the 2009 fishing year. The TACs are set by the Australian Fisheries Management Authority (AFMA) and are based on biological catch recommendations derived from stock assessments and consultations with relevant management advisory committees and fishery assessment groups. These TACs are intended to ensure sustainable fishing practices while considering ecological implications, fishing mortality, and the precautionary principle. The determination specifies the TACs in terms of whole weight and identifies the parts of the fishery to which they apply. The process for setting these TACs includes scientific assessments, consultations with stakeholders, and consideration of various factors such as stock status, fishing mortality, and ecological impacts.

Key Provisions

The main operative sections of this legislation are found in the Fisheries Management Act 1991 (the Act) and the Southern and Eastern Scalefish and Shark Management Plan 2003 (the Plan). Subsection 17(5) of the Act allows for a management plan to enable the Australian Fisheries Management Authority (AFMA) to make determinations to achieve the plan's objectives. Under the Plan, section 11 mandates AFMA to determine a total allowable catch (TAC) for each quota species for the fishing year by 31 March of the preceding year. This determination must consider various reference points, stock status, and ecological implications. Before determining a TAC, section 12 of the Plan requires AFMA to consult and consider the views of relevant management advisory committees and fishery assessment groups, as well as any other interested parties. The obligations and requirements imposed by the Act and the Plan on AFMA and other parties are quite comprehensive. AFMA must determine a TAC for each quota species before the start of each fishing year, taking into account a variety of factors such as stock assessments, ecological implications, and fishing mortality. This determination process involves extensive consultation with management advisory committees, fishery assessment groups, and other stakeholders. AFMA must also ensure that the TAC is specified in terms of weight and the particular parts of the fishery to which it applies. Additionally, the consultation process includes presentations of stock assessments at Resource Assessment Groups (RAGs) and subsequent consideration by Management Advisory Committees (MACs), ensuring a thorough review of all relevant data and recommendations. The legislation also outlines specific consequences for breaches, although the provided text does not detail specific offences, penalties, or civil/criminal consequences. Typically, breaches of fisheries management legislation can lead to significant penalties, including fines and potential imprisonment for serious violations. The enforcement of these penalties is usually overseen by AFMA and other relevant authorities, who ensure compliance with the management plans and determinations to protect the sustainability of fish stocks. In summary, the Act and the Plan establish a robust framework for managing the Southern and Eastern Scalefish and Shark Fishery through detailed TAC determinations and extensive consultation processes. These measures are designed to ensure sustainable fishing practices while considering ecological, economic, and social factors. Compliance with these provisions is critical to maintaining the health of fish stocks and the integrity of the fishery.

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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.