Southern and Eastern Scalefish and Shark Fishery Total Allowable Catch Determination - 2005 Season

Overview

The Fisheries Management Act 1991 was enacted to provide a comprehensive framework for the management of Australia's fisheries, ensuring sustainable use of fishery resources. The Act was introduced to address the need for better regulation and management of Australia's fisheries, which were facing overfishing and other sustainability challenges. This legislation empowers the Australian Fisheries Management Authority (AFMA) to create management plans and make determinations, such as setting Total Allowable Catch (TAC) limits, to achieve the objectives outlined in these plans. The Act is administered by the Parliament of Australia and its primary policy objective is to ensure the long-term sustainability of Australia's fisheries through effective management and conservation measures. In line with the Fisheries Management Act 1991, the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 was developed by AFMA to provide a unified approach for managing the Southern and Eastern Scalefish and Shark Fishery (SESSF). This fishery, which covers a significant portion of the Australian Fishing Zone, was historically managed as four separate fisheries but was consolidated under the new plan to streamline management and address jurisdictional complexities arising from different Offshore Constitutional Settlements with Australian States. The Management Plan aims to achieve sustainable management of the fishery through a combination of input and output controls, including limits on the number of boats, mesh size, and fishing gear, as well as the introduction of Individual Transferable Quotas (ITQs) for various species. SESSF Determination No. 01, made under the authority delegated by AFMA to its Managing Director, sets the TAC for quota species in the SESSF for the 2005 fishing year, following consultations with relevant management advisory committees.

Scope and Application

The Fisheries Management Act 1991, as supplemented by the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003, applies to the management of the Southern and Eastern Scalefish and Shark Fishery (SESSF) within the Australian Fishing Zone (AFZ) from around 80 nautical miles off the coast near Fraser Island in Queensland to Cape Leeuwin in Western Australia. This legislation governs the activities of various sectors within the SESSF, including the South East Trawl Sector, Great Australian Bight Trawl Sector, Scalefish Hook Sector, Shark Hook Sector, and Gillnet Sector. The Australian Fisheries Management Authority (AFMA) is vested with the responsibility for implementing this management plan and making determinations, such as setting Total Allowable Catches (TAC) for quota species, as per the provisions outlined in the Management Plan. AFMA must consult with relevant management advisory committees before making any determinations and has delegated its power to make such determinations to the Managing Director of AFMA. This Act extends to the various states with which Australia has Offshore Constitutional Settlements, thereby encompassing the complex jurisdictional arrangements pertinent to the fishery.

Key Provisions

The primary operative sections of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 Determinations No. 01 (SESSF Determination No. 01) under the Fisheries Management Act 1991 (section 17(6)) and Fisheries Administration Act 1991 (section 92) are significant in establishing the framework for managing the Total Allowable Catch (TAC) for quota species within the fishery. The SESSF Determination No. 01 (Clause 1) specifies the total allowable catch for the 2005 fishing year, and this determination is cited as the 2005 SESSF TAC D1. The commencement of this Determination is outlined in Clause 2, while Clause 3 provides definitions of key terms used throughout the document. Clause 4 delineates the period of application for the Determination and specifies the determined amounts for each quota species. The SESSF Determination No. 01 imposes specific obligations and requirements on the Australian Fisheries Management Authority (AFMA) and relevant stakeholders. Under section 11 of the Plan, AFMA must consult with and consider the views of each relevant management advisory committee before determining a TAC for a quota species for a fishing year. This requirement ensures that the determination process is inclusive and considers the input from experts and stakeholders in the fishery. Furthermore, under section 92 of the Fisheries Administration Act 1991, AFMA has the authority to delegate its powers and functions, which includes the power to make determinations, to the Managing Director of AFMA. AFMA has delegated this power to the Managing Director, who is responsible for making the determinations as outlined in SESSF Determination No. 01. Breaching the provisions of the SESSF Determination No. 01 or failing to comply with the obligations and requirements outlined in the Fisheries Management Act 1991 and Fisheries Administration Act 1991 can lead to various civil and criminal consequences. Under Australian law, non-compliance with fishery management regulations can result in significant penalties. For instance, exceeding the determined TAC can be considered an offence under the Fisheries Management Act 1991, potentially leading to substantial fines or imprisonment. The exact penalties depend on the severity of the breach, but they can include fines up to several thousand Australian dollars and imprisonment for a period that may extend up to several years, as stipulated in relevant sections of the Act. Additionally, repeated or severe breaches may result in more stringent penalties, including the revocation of fishing licenses and long-term bans from participating in the fishery.