Southern and Eastern Scalefish and Shark Fishery (Total Allowable Catch for Non-Quota Species) Determination 2025

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2025L00434 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority 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 (Total Allowable Catch for Non-Quota Species) Determination 2025

The Southern and Eastern Scalefish and Shark Fishery (Total Allowable Catch for Non-Quota Species) Determination 2025 (the Instrument) is a legislative instrument for the purposes of the Legislation Act 2003.

Subsection 17(5) of the Fisheries Management Act 1991 (the Act) provides that a plan of management made under the Act is to set out, amongst other things, the objectives of the plan of management and measures by which the objectives are to be attained.

Paragraph 17(6)(aa) of the Act provides that a plan of management made under the Act may provide for the Australian Fisheries Management Authority (AFMA) to determine the fishing capacity permitted for the fishery or a part of the fishery in respect of a particular period or periods.

Subsection 15(1) of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the Management Plan) provides that AFMA may determine a Total Allowable Catch (TAC) for a non-quota species for a period specified in the Instrument.

Prior to making this Instrument, AFMA met the requirements of paragraphs 16(a) to (d) of the Management Plan. Further detail as to how these requirements were met is outlined in detail below.

Purpose

The Instrument determines the TAC for non-quota species for the 2025-26 fishing year in the Southern and Eastern Scalefish and Shark Fishery (the Fishery).

In determining a TAC for a non-quota species (subsection 15(1) of the Management Plan) or a specific TAC for a non-quota species fished with a particular method or in a particular area of the fishery (subsection 15(3)), AFMA must have regard to reference points for the species determined under section 9 of the Management Plan (subsection 15(2)). Under subsection 15(4) of the Management Plan, the determination of a non-quota TAC under subsection 15(1) or subsection 15(3) must specify the TAC expressed in whole weight or a specified other weight and must specify the particular parts of the fishery area to which the TAC applies and fishing methods to which the TAC applies.

Background

The Fishery 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 the Fishery encompasses almost half of the waters within the Australian Fishing Zone. The Fishery operates in both Commonwealth and State waters under jurisdictional arrangements made under Part 5 of the Act. Those arrangements vary the application of the Offshore Constitutional Settlement with respect to fisheries jurisdiction. 

Management in the Fishery is mainly through output controls in the form of TAC limits set under the Act, pursuant to the Management Plan, and in accordance with the Commonwealth Fisheries Harvest Strategy Policy[1] and the specific Southern and Eastern Scalefish and Shark Fishery Harvest Strategy Framework (SESSF HSF)[2]. Input controls are also used, which include a limit on the number of boats that operate in each sector of the Fishery, as well as gear restrictions such as limits on mesh size and the amount of fishing gear that may be used. Boarfish and orange roughy in the East Coast Deepwater Trawl (ECDWT) sector are two of the remaining species for which non-quota TACs are set (orange roughy in the eastern, southern and western zones, as defined in Part 3 of Schedule 1 of the Management Plan, are quota species and subject to the Southern and Eastern Scalefish and Shark Fishery (Total Allowable Catch for Quota Species) Determination 2025). The non-quota TACs for these two species act as catch limits with the main management strategy being to limit targeting of boarfish and orange roughy in this sector. If catches exceed the non-quota TACs for the fishing year, the ECDWT sector will be closed to fishing.

Consultation

Section 16 of the Management Plan provides that, in determining a TAC for a non-quota species, AFMA must consult with any relevant management advisory committee (MAC) and have regard to any view expressed in that consultation (paragraph 16(a)); and take into account advice from the relevant resource assessment group (RAG) about the stock status of a non-quota species (paragraph 16(b)). AFMA 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 (paragraph 16(c)). AFMA may also consider the views of any other interested person (paragraph 16(d)).

AFMA has established RAGs and MACs to assist AFMA in the performance of its functions. Notably, the functions of MACs established by AFMA include the function of being a liaison body between AFMA and persons engaged in a fishery (pursuant to paragraph 57(2)(a) of the Fisheries Administration Act 1991).

RAGs provide advice and recommendations to management advisory committees, AFMA management, the AFMA Commission and the AFMA Research Committee, on the status of fish stocks, substocks, species (target and non-target), fishery economics and on the impact of fishing on the marine environment.

Prior to making this Instrument, AFMA consulted with the South East Resource Assessment Group (SERAG) on 22-23 October and 26-28 November 2024 and the South East Management Advisory Committee (SEMAC) on 5-6 February 2025 which supported the non-quota TACs outlined in the Instrument. Recommendations from the relevant meetings of the RAG and MAC, and species summaries were provided to the AFMA Commission in making the Instrument.

SERAG is the research and scientific committee which contributes to the management of the ECDWT sector and provides advice to SEMAC and the AFMA Commission. Industry, fisheries scientists and economists are represented on SERAG.

SEMAC is an overarching committee that provides management advice to AFMA for the Fishery, the Small Pelagic Fishery and the Southern Squid Jig Fishery. SEMAC receives advice from SERAG and uses such advice to inform its recommendations. Similar to SERAG, industry, state government, research, recreational, environment and other interested groups are represented on SEMAC.

Impact Analysis

The Office of Impact Analysis (OIA) does not require an Impact Analysis for this instrument consistent with the carve out arrangement with AFMA for instruments of a minor or machinery nature and which specifically refers to the setting of a TAC in a fishery (OIA reference 2306107).

Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

The Authority assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights.

Details of the Instrument are set out below:

Section 1 Provides for the Instrument to be cited as the Southern and Eastern Scalefish and Shark Fishery (Total Allowable Catch for Non-Quota Species) Determination 2025.

Section 2 Provides that the Instrument commences on the day after registration on the Federal Register of Legislation. 

Section 3 Provides that the Instrument ceases on 1 May 2026.

Section 4  Provides that the authority to make the Instrument is subsections 15(1) and 15(3) of the Management Plan for the purpose of paragraph 17(6)(aa) of the Act.

Section 5 Defines relevant terms for the purpose of the Instrument.

 Subsection (1) provides that the Act is the Fisheries Management Act 1991 and the Management Plan is the Southern and Eastern Scalefish and Shark fishery Management Plan 2003.

 Subsection (2) provides that terms that are defined in the Management Plan have the same meaning in the Instrument as they do in the Management Plan.

Terms defined in the Act have the same meanings in this Instrument.

Section 6 Determines the TAC for each non-quota species in the ECDWT sector of the Fishery for the 2025-26 fishing year.

Subsection (1) provides that section 6 applies for the 2025-26 fishing year commencing on 1 May 2025 and ending on 30 April 2026. This is consistent with the definition of ‘fishing year’ provided in section 3 of the Management Plan. 

Subsection (2) determines the TAC for the two species of non-quota fish listed in the table. The TAC for these species is determined on the basis of whole weight of fish.

 


Attachment A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Southern and Eastern Scalefish and Shark Fishery (Total Allowable Catch for Non-Quota Species) Determination 2025

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

Subsection 17(5) of the Fisheries Management Act 1991 (the Act) provides that a plan of management made under the Act is to set out, amongst other things, the objectives of the plan of management and measures by which the objectives are to be attained.

Paragraph 17(6)(aa) of the Act provides that a plan of management made under the Act may provide for the Australian Fisheries Management Authority (AFMA) to determine the fishing capacity permitted for the fishery or a part of the fishery in respect of a particular period or periods.

Section 15 of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the Management Plan) provides that AFMA may determine a Total Allowable Catch (TAC) for a non-quota species for a period specified in the Instrument. In determining a TAC for a non-quota species or a non-quota species fished with a particular method or in a particular area of the fishery, AFMA must have regard to reference points for the species determined under section 9 of the Management Plan. The determination of a non-quota TAC must specify the TAC expressed in whole weight or a specified other weight and must specify the particular parts of the fishery area to which the TAC applies and fishing methods to which the TAC applies.

Section 16 of the Management Plan provides that, in determining a TAC for a non-quota species, AFMA must consult with any relevant management advisory committee and have regard to any view expressed in that consultation (paragraph 16(a) of the Management Plan); and take into account advice from the relevant resource assessment group about the stock status of a non-quota species (paragraph 16(b) of the Management Plan). AFMA 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 (paragraph 16(c) of the Management Plan).

The Instrument determines the TAC for non-quota species for the 2025-26 fishing year.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

[1] Commonwealth Fisheries Harvest Strategy means the document titled “Commonwealth Fisheries Harvest Strategy Policy” published by then Department of Agriculture and Water Resources, now the Department of Agriculture, Fisheries, and Forestry in 2018. Note: the Commonwealth Fisheries Harvest Strategy could in 2025 be viewed on the Department’s website https://www.agriculture.gov.au/agriculture-land/fisheries/domestic/harvest_strategy_policy

 

[2] Southern and Eastern Scalefish and Shark Fishery Harvest Strategy Framework means the document titled “Harvest Strategy Framework for the Southern and Eastern Scalefish and Shark Fishery” published by the Authority in 2009 and last revised in 2024. Note: the Harvest Strategy Framework for the Southern and Eastern Scalefish and Shark Fishery could in 2025 be viewed on the Authority’s website https://www.afma.gov.au/sites/default/files/2024-03/SESSF-Harvest-Strategy-Amended-2024.pdf

Overview

The Fisheries Management Act 1991 was enacted to provide a framework for the management of fisheries resources within Australia's maritime zones. This Act was introduced to address the need for comprehensive and sustainable management of Australia's fishing resources, ensuring that fisheries are managed in a way that is ecologically sustainable, economically efficient, and socially equitable. The Australian Fisheries Management Authority (AFMA) was established under this Act to administer the management plans and regulations related to various fisheries. The policy objective of the Act is to ensure that fisheries resources are managed sustainably, balancing the needs of the fishing industry with environmental conservation and the broader public interest. In 2025, AFMA introduced the Southern and Eastern Scalefish and Shark Fishery (Total Allowable Catch for Non-Quota Species) Determination 2025, a legislative instrument that sets the Total Allowable Catch (TAC) for non-quota species within the Southern and Eastern Scalefish and Shark Fishery for the 2025-26 fishing year. This Determination is made under the authority provided by the Fisheries Management Act 1991 and the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. In setting these TACs, AFMA is required to consider several factors, including advice from resource assessment groups, consultation with management advisory committees, and the ecological implications of the catch limits. The Determination aims to ensure that the fishery is managed in a way that is sustainable and takes into account the latest scientific advice and stakeholder input.

Scope and Application

The Southern and Eastern Scalefish and Shark Fishery (Total Allowable Catch for Non-Quota Species) Determination 2025 applies to the management and regulation of the Southern and Eastern Scalefish and Shark Fishery, specifically within the Commonwealth and State waters of the Australian Fishing Zone, stretching from Fraser Island in Queensland, around Tasmania, and west to Cape Leeuwin in Western Australia. This legislation falls under the purview of the Fisheries Management Act 1991 and is administered by the Australian Fisheries Management Authority (AFMA). The Act is designed to set the Total Allowable Catch (TAC) for non-quota species for the 2025-26 fishing year, specifically targeting boarfish and orange roughy within the East Coast Deepwater Trawl (ECDWT) sector. The Act sets out the management objectives and measures, ensuring the sustainability of fish stocks and adherence to the Commonwealth Fisheries Harvest Strategy Policy and the Southern and Eastern Scalefish and Shark Fishery Harvest Strategy Framework. The determination of the TAC is influenced by consultations with relevant management advisory committees and resource assessment groups, taking into account factors such as stock status, fishing mortality, and ecological implications. The Instrument ceases to have effect on 1 May 2026.

Key Provisions

The Southern and Eastern Scalefish and Shark Fishery (Total Allowable Catch for Non-Quota Species) Determination 2025 (the Instrument) sets out the Total Allowable Catch (TAC) for non-quota species in the Southern and Eastern Scalefish and Shark Fishery for the 2025-26 fishing year. Under subsection 15(1) of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the Management Plan), the Australian Fisheries Management Authority (AFMA) is empowered to determine the TAC for non-quota species, and this determination must be specified in whole weight or a specified other weight, and must also detail the parts of the fishery area and fishing methods to which the TAC applies (section 6 of the Instrument). This determination is based on reference points for the species as determined under section 9 of the Management Plan (subsection 15(2) of the Management Plan). The Instrument commences on the day after its registration on the Federal Register of Legislation and ceases on 1 May 2026 (sections 2 and 3 of the Instrument). AFMA has several obligations under the Instrument. Firstly, AFMA must consult with relevant management advisory committees and have regard to any views expressed during these consultations (paragraph 16(a) of the Management Plan). Secondly, AFMA must consider advice from the relevant resource assessment group regarding the stock status of the non-quota species (paragraph 16(b) of the Management Plan). Additionally, AFMA must account for 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 (paragraph 16(c) of the Management Plan). AFMA has fulfilled these obligations by consulting with the South East Resource Assessment Group (SERAG) and the South East Management Advisory Committee (SEMAC), and by considering their advice and recommendations in making the Instrument. Breach of the provisions in the Instrument may result in civil or criminal consequences. Under section 28 of the Fisheries Management Act 1991 (the Act), any person who contravenes a determination made under the Act may be liable to a penalty. The maximum penalty for a corporation is 500 penalty units, and for an individual, it is 50 penalty units. Additionally, under section 316 of the Act, any person who engages in fishing activities in contravention of the Act may be liable to a penalty of up to 10,000 penalty units for an individual and 50,000 penalty units for a corporation. These penalties reflect the seriousness of non-compliance with the TAC determinations and the need to ensure sustainable fisheries management.

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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.