Southern and Eastern Scalefish and Shark Fishery Total Allowable Catch for Determination for Non-Quota Species - 2005 Season

Overview

The Fisheries Management Act 1991, enacted by the Commonwealth Parliament, establishes a framework for the management of Australia’s fisheries, aiming to ensure sustainable use of marine resources. This Act empowers the Australian Fisheries Management Authority (AFMA) to develop management plans and make determinations to achieve the objectives of these plans. One such determination, the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003, was created to address the complex jurisdictional arrangements and the need for a unified approach to managing the fishery, which covers a significant portion of the Australian Fishing Zone. The policy objective is to pursue a sustainable future direction for this fishery by implementing a mix of input and output controls and introducing Individual Transferable Quotas (ITQs) for various species. The 2005 SESSF TAC D2 Determination specifically sets the total allowable catch for non-quota species in the East Coast Deepwater Trawl Sector for the 2005 fishing year, following consultation with relevant management advisory committees.

Scope and Application

The Fisheries Management Act 1991 applies to the Southern and Eastern Scalefish and Shark Fishery (SESSF) through the Southern and Eastern Scalefish and Shark Management Plan 2003, providing a structured framework for the management of this fishery. This legislation applies to entities and persons involved in fishing activities within the SESSF, which covers a significant area of the Australian Fishing Zone from around 80 nautical miles off the coast near Fraser Island, Queensland, to Cape Leeuwin, Western Australia. The application of the Act is influenced by complex jurisdictional arrangements due to Offshore Constitutional Settlements with Australian states. The Australian Fisheries Management Authority (AFMA) has consolidated management of this fishery into several sectors, including the South East Trawl Sector, Great Australian Bight Trawl Sector, Scalefish Hook Sector, Shark Hook Sector, and Gillnet Sector. The Act encompasses a combination of input and output controls, such as limits on boat numbers, mesh size, and fishing gear usage, as well as the introduction of Individual Transferable Quotas (ITQs) for various species. The SESSF Determinations No. 02 specifies the total allowable catch for non-quota species in the East Coast Deepwater Trawl Sector for the 2005 fishing year, following consultations with relevant management advisory committees and with their support.

Key Provisions

The main operative sections of the Fisheries Management Act 1991, as applied to the Southern and Eastern Scalefish and Shark Fishery (SESSF), allow the Australian Fisheries Management Authority (AFMA) to set Total Allowable Catch (TAC) levels for both quota and non-quota species. Section 15(1) empowers AFMA to determine a TAC for non-quota species for a specified period, while Section 16 mandates that AFMA must consult with relevant management advisory committees before determining a TAC for quota species. Furthermore, Section 92 of the Fisheries Administration Act 1991 permits AFMA to delegate its powers to the Managing Director of AFMA, which has been exercised under Subsection 17(11) of the Fisheries Management Act 1991. This delegation allows the Managing Director to make determinations concerning the fishery. The obligations imposed on AFMA and the Managing Director under this legislation include the requirement to consult with relevant management advisory committees before setting a TAC for quota species, as stipulated in Section 16 of the Plan. AFMA must also consider the views of these committees in the decision-making process. For non-quota species, while consultation is not explicitly required, the authority must still adhere to the legislative framework provided by Sections 15 and 17 of the Fisheries Management Act 1991. The Managing Director, having been delegated the power to make determinations, must act within the bounds of the law and ensure that all decisions align with the objectives of the Southern and Eastern Scalefish and Shark Management Plan 2003. Breaches of the provisions set out in the Fisheries Management Act 1991 and the Southern and Eastern Scalefish and Shark Management Plan 2003 can lead to various consequences. Offences and penalties are generally not explicitly detailed within the determinations themselves but are typically outlined in the overarching Fisheries Management Act 1991. For instance, unauthorised fishing activities, non-compliance with TACs, or failure to adhere to input and output controls could result in civil or criminal penalties. Civil penalties may include fines, while criminal penalties could lead to imprisonment, depending on the severity and frequency of the breach. The exact penalties are not specified within the determinations but are subject to the broader legislative framework under which AFMA operates.