Southern and Eastern Scalefish and Shark Fishery Total Allowable Catch Determination - 2006 Season

Administered by Department of Agriculture

Legislation au F2005L03894 Not in force Legislative Instrument

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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

 

2006 SESSF TAC Determination No. 01

 

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.

 

The Fishery

The Southern and Eastern Scalefish and Shark Fishery (SESSF) covers the area of waters from around 80nm off the coast near 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 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. 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 quota species into categories (tiers) according to the level of understanding 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.

SESSF Determination No. 01 determines the total allowable catch 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.

 

Regulation Impact Statement

The Office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement was not required for the Determination of quota species TACs for the 2006 season. (ORR ID 7761)

 

Details of the Determination are set out below:

Clause 1 provides for the Determination to be cited as 2006 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 this Determination and the determined amounts.

 

2006 SESSF TAC D1

 

Overview

The Fisheries Management Act 1991 was enacted to provide for the management of fisheries within Australia's fishing zone, ensuring sustainable use of fishery resources. The Act addresses the need for a comprehensive and integrated approach to fisheries management, balancing ecological, social, and economic considerations. The Fisheries Management Act 1991 was enacted by the Australian Parliament to provide for the sustainable management of fisheries resources within Australia's fishing zone. The Act empowers the Australian Fisheries Management Authority (AFMA) to make plans of management and determinations to achieve the objectives of those plans. The policy objective of the Act is to ensure that fisheries are managed in a manner that conserves aquatic biological resources and maintains ecological processes, while also providing for equitable access to fishery resources and supporting the social and economic well-being of fishing communities. The Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 was developed under the Fisheries Management Act 1991 to provide for the sustainable management of the Southern and Eastern Scalefish and Shark Fishery (SESSF). The Plan outlines the management measures, including total allowable catches (TACs), to be applied to the fishery. The 2006 SESSF TAC Determination No. 01 was made under the authority of the Fisheries Management Act 1991 and the Southern and Eastern Scalefish and Shark Management Plan 2003. The Determination sets the TACs for quota species in the SESSF for the period 1 January 2006 to 31 December 2006. The Determination was made after extensive consultation with relevant stakeholders, including management advisory committees, industry representatives, and observers. The Harvest Strategy Framework, which categorises species according to the level of understanding about their biology, abundance, and stock structure, was applied to the decision-making process for setting the TACs. The Determination also includes provisions for scientific research permits that allow for catches above the determined TACs for some species, subject to the approval of a structured research plan.

Scope and Application

The Fisheries Management Act 1991, together with the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the Plan), empowers the Australian Fisheries Management Authority (AFMA) to make determinations, including the setting of Total Allowable Catches (TAC) for various quota species within the Southern and Eastern Scalefish and Shark Fishery (SESSF). This legislation applies to all individuals, entities, and vessels involved in fishing activities within the SESSF, which encompasses the waters extending from approximately 80 nautical miles off the coast near Fraser Island in Queensland to Cape Leeuwin in Western Australia. AFMA’s authority under the Act extends to determining fishing capacity, which includes setting TACs for each quota species before the fifth of December each year, taking into account a range of factors such as stock assessments, ecological implications, and advice from management advisory committees and other interested parties. The application of the Plan and the specific TAC determinations are subject to consultation with relevant stakeholders and are made in accordance with a Harvest Strategy Framework that categorises species based on the level of understanding of their biology, abundance, and stock structure. This structured approach ensures that the TACs are set in a precautionary manner, reflecting the varying degrees of scientific knowledge about the species involved.

Key Provisions

The Southern and Eastern Scalefish and Shark Fishery Management Plan 2003, under the Fisheries Management Act 1991, mandates the Australian Fisheries Management Authority (AFMA) to determine a total allowable catch (TAC) for each quota species before the 5th of December in the year preceding the fishing year (Section 11). This determination must specify the TAC in terms of whole weight or a specified other weight, and identify the parts of the fishery to which it applies (Section 11). AFMA must consult with relevant management advisory committees and consider their views before determining the TAC (Section 12). This process also involves taking into account advice from fishery assessment groups about the stock status, ecological implications, and other factors such as fishing mortality and population distribution (Section 12). The Act imposes several obligations on AFMA and other parties involved in the fishery. AFMA must ensure that the determination of the TAC is based on reference points for the species, as determined under section 9 of the Plan, and must consider the views of relevant management advisory committees and other interested parties (Section 12). The determination must also reflect the precautionary principle, taking into account ecological implications and the distribution and population structure of the species (Section 12). Additionally, the AFMA Board may grant scientific permits for research purposes, which may allow catches above the determined TACs for some species, subject to approval by a Research Advisory Committee (Section 33). Failure to comply with the provisions of the Act and the determinations made under it may result in various penalties and consequences. While the specific offences and penalties are not detailed in the text, it is clear that breaches of the Act or the management plan could lead to enforcement actions, fines, or other sanctions. The precise nature and severity of these penalties would be determined according to the specific circumstances of the breach and the applicable laws.

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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.