Southern and Eastern Scalefish and Shark Fishery (Quota Species) Total Allowable Catch (Fishing Year 2006) Determination 2005

Administered by Department of Agriculture

Legislation au F2005L04205 Not in force Legislative Instrument

Legislation content

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

 

Southern and Eastern Scalefish and Shark Fishery (Quota Species) Total Allowable Catch (Fishing Year 2006) Determination 2005

Subsection 17(5) of the Fisheries Management Act 1991 (the 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. 

Subsection 17(6aa) of the Act provides that a plan of management may determine or provide for AFMA to determine the fishing capacity 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, before 5 December 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.

AFMA determined TACs for the SESS species (2006 SESSF TAC Determination No. 01), however the instrument used to make six deepwater species (or species groups) quota species for the purposes of the Plan was a Temporary Order.  The Temporary Order has now expired and because an amendment to the Plan was not finalised in time, the deepwater species can no longer be considered quota species for the purposes of Schedule 2 of the Plan.  This has required that AFMA now seek to revoke 2006 SESSF TAC Determination No. 01 and make a new Determination that does not include these deepwater species. 

There are also two other errors in 2006 SESSF TAC Determination No. 01 that will be amended in the new Determination.  These include a typographical error in the 2006 TAC for Eastern Orange Roughy that was recorded as 700 tonnes when it should have been recorded as 720 tonnes and a naming error for Spotted Warehou that was listed as Spotted (silver) Warehou.

The Fishery

The Southern and Eastern Scalefish and Shark Fishery (SESSF) extends over an area of waters from 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.  

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 Quotas (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 the 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 were introduced into the SESSF for the deepwater species, 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.  The instrument used to make the deepwater species quota species for the purposes of the Plan was a Temporary Order, which has now expired.  Because an amendment to the Plan was not finalised in time, the deepwater species can no longer be considered quota species for the purposes of Schedule 2 of the Plan.  Arrangements will be made for the future management of these species during 2006.

For 2006 ITQs have been introduced into the SESSF for Alfonsino, Deepwater Flathead, Bight Redfish and Orange Roughy GAB Esperance and Albany. Blue Warehou has also been split into east and west sectors which are implemented through management controls rather than separate ITQs for the 2006 fishing season. 

In accordance with Part 1, Section 6 of the Plan, a Harvest Strategy Framework (HSF) was developed in 2005 and applied to the decision making process for setting all SESSF species TACs for the 2006 season. The HSF places all species into categories (tiers) according to the level of knowledge about biology, abundance and stock structure of the species. Tier 1 species are the most well understood and tier 4 species are the least well understood. This framework establishes clear catch limits, target and limit reference points and decision rules that guide the TAC recommendations to become more precautionary as they move down through the tiers.

The Southern and Eastern Scalefish and Shark Fishery (Quota Species) Total Allowable Catch (Fishing Year 2006) Determination 2005 determines the total allowable catches in accordance with the HSF for quota species in the SESSF for the period 1 January 2006 – 31 December 2006.

In accordance with section 33 of the Act the AFMA Board may grant a scientific permit in respect of a specific boat for scientific research purposes in a specified fishery. The Board may agree to enable catches above the determined TACs for some species for the purpose of research, subject to consideration and approval of a structured research plan prepared by the relevant Research Advisory Committee.

 

Consultation

The AFMA consultation process began with Resource Assessment Groups (RAGs), where scientific members presented industry and management members and observers with relevant species stock assessments for comment. This year, stock assessments within the HSF included a recommended biological catch (RBC) which takes into account all fishing and natural mortality for the species and the ecological implications of harvesting the TAC. Management Advisory Committee’s (MACs) of the South East Trawl (SETMAC), Great Australian Bight (GABMAC) and Gillnet, Hook and Trap (GHATMAC) considered the advice of their RAGs individually then presented their arguments for each species TAC at a combined JointMAC meeting. From this meeting AFMA management and MAC TAC recommendations were sent to the board along with all comments expressed at JointMAC.

 

There is no need for any further consultation with respect to the new Determination.  This is because there will be no change in relation to levels of total allowable catches, except for Eastern Orange Roughy, and no additional requirements placed on operators as a result of the new determination.  In the case of Eastern Orange Roughy, the new Determination will implement the correct TAC as per the consultation already undertaken.

 

Regulation Impact Statement

The Office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement is not required for the new Determination of quota species TACs for the 2006 season. (ORR ID 7879)

 

Details of the Determination are set out below:

Clause 1 provides for the Determination to be cited as the Southern and Eastern Scalefish and Shark Fishery (Quota Species) Total Allowable Catch (Fishing Year 2006) Determination 2005

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 and the determined amounts.

 

Clause 5 revokes 2006 SESSF TAC determination No. 01.

Overview

The Fisheries Management Act 1991, enacted by the Commonwealth Parliament, established a framework for the management of fisheries within Australia’s maritime zones. The legislation aimed to address the need for sustainable and efficient management of Australia’s fisheries resources, ensuring their conservation and equitable utilisation. The Act allows for the creation of management plans and the determination of Total Allowable Catches (TACs) by the Australian Fisheries Management Authority (AFMA), aligning with the policy objective of achieving sustainable fishery practices. The Southern and Eastern Scalefish and Shark Fishery (Quota Species) Total Allowable Catch (Fishing Year 2006) Determination 2005 is one such determination made under the authority of the Fisheries Management Act 1991. This Determination specifies the TACs for various quota species within the Southern and Eastern Scalefish and Shark Fishery for the 2006 fishing year, taking into account the biological, ecological, and jurisdictional complexities of the fishery. It also rectifies errors in the previous TAC determination and addresses the expiration of a temporary order that previously classified certain deepwater species as quota species.

Scope and Application

The Fisheries Management Act 1991, along with the Southern and Eastern Scalefish and Shark Management Plan 2003, establishes a comprehensive framework for managing the Southern and Eastern Scalefish and Shark Fishery (SESSF), which spans from Fraser Island, Queensland, to Cape Leeuwin, Western Australia. This Act applies to the Australian Fisheries Management Authority (AFMA) which is responsible for determining the Total Allowable Catch (TAC) for each quota species annually. The legislation mandates AFMA to consult with relevant management advisory committees and consider advice from fishery assessment groups and other stakeholders before setting the TAC. This process involves taking into account various factors such as stock status, fishing mortality, ecological implications, and population distribution, ensuring adherence to the precautionary principle. The Act allows for the introduction of Individual Transferable Quotas (ITQs) for various species, subject to the Harvest Strategy Framework (HSF) developed to manage species based on their biological understanding. The Act also includes provisions for scientific permits that allow for research catches above the determined TACs, subject to specific conditions and approvals. The scope of the Act extends nationally across the Australian Fishing Zone, with specific application to the SESSF, covering nearly half of the waters within the AFZ of mainland Australia and Tasmania. The Act permits AFMA to make determinations through subordinate instruments, such as the Southern and Eastern Scalefish and Shark Fishery (Quota Species) Total Allowable Catch (Fishing Year 2006) Determination 2005, which corrects and updates previous determinations. This particular Determination addresses errors in the previously issued TACs and ensures that the deepwater species, which were previously designated as quota species under a now-expired Temporary Order, are no longer subject to the quota system for the 2006 fishing season. The Act also outlines the consultation process and regulatory impact assessments that guide the setting of TACs, ensuring that the process is transparent, inclusive, and based on the best available scientific advice.

Key Provisions

The main operative sections of the Southern and Eastern Scalefish and Shark Fishery (Quota Species) Total Allowable Catch (Fishing Year 2006) Determination 2005 (the Determination) provide for the setting of total allowable catches (TAC) for various quota species in the fishery for the period 1 January 2006 to 31 December 2006. Section 4 of the Determination sets out the period of application and specifies the determined amounts for each quota species, with these catches being expressed in whole weight or another specified weight. Section 5 revokes the previous 2006 SESSF TAC Determination No. 01, which had included errors and applied to deepwater species that can no longer be considered quota species. The Determination also corrects the typographical error in the 2006 TAC for Eastern Orange Roughy and the naming error for Spotted Warehou. These sections require the Australian Fisheries Management Authority (AFMA) to set the appropriate TACs for the quota species in the Southern and Eastern Scalefish and Shark Fishery (SESSF) for the 2006 fishing year. The Determination imposes several obligations on AFMA and the parties it governs. Under Section 11 of the Southern and Eastern Scalefish and Shark Management Plan 2003 (the Plan), AFMA must determine a TAC for each quota species before 5 December of the year preceding each fishing year. AFMA must have regard to the reference points for the species determined under section 9 of the Plan and consult with the relevant management advisory committees, take into account advice from the relevant fishery assessment group, and consider the views of other interested persons. AFMA must also consider the ecological implications of harvesting the TAC, the distribution and population structure of the species, and the precautionary principle. These obligations ensure that AFMA determines TACs in a manner that is precautionary, evidence-based, and considers the views of relevant stakeholders. Failure to comply with the Determination or the Plan may result in offences and penalties under the Fisheries Management Act 1991 (the Act). Under section 32 of the Act, a person who contravenes the Act, the Plan, or a Determination made under the Act is guilty of an offence and may be liable to a penalty of up to 500 penalty units (approximately AUD 50,000) for an individual and up to 2,500 penalty units (approximately AUD 250,000) for a body corporate. Under section 33 of the Act, AFMA may grant a scientific permit in respect of a specific boat for scientific research purposes in a specified fishery. The Board may agree to enable catches above the determined TACs for some species for the purpose of research, subject to consideration and approval of a structured research plan prepared by the relevant Research Advisory Committee. These provisions ensure that the Determination and the Plan are enforced and that any breaches are subject to appropriate penalties.

Legal classification tags

Area of Law
Environmental Law
Fisheries Law
Instrument
Determination
Concepts
Definitions & Interpretation
Regulatory Standards
Compliance Obligations
Consultation Requirements

Interactions

Authorises

All Versions

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.