EXPLANATORY STATEMENT
Issued by the authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Southern Squid Jig Fishery Management Plan 2005
Southern Squid Jig Fishery Total Allowable Effort Determination 2006.
The Southern Squid Jig Fishery Total Allowable Effort Determination 2006 (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 17(6)(aa) of the Fisheries Management Act 1991 (the FM Act) provides that a plan of management determined for a fishery under the FM Act may determine or 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.
In performing its functions under Part 3 of the FM Act, subsection 16(1) of the FM Act requires that AFMA must pursue its objectives and, in addition, act in accordance with its corporate plan and current annual operational plan.
Subsection 11(1) of the Southern Squid Jig Fishery Management Plan 2005 (the Plan) provides that, prior to the start of the fishing year, AFMA must determine the total allowable effort (TAE) for the fishing year.
The Southern Squid Jig Fishery
The Southern Squid Jig Fishery (the SSJF) targets squid species by the squid jigging method. Jigging is a particularly successful method for targeting squid and has a high level of specificity for the target species.
The majority of squid taken from the fishery is sold on the domestic market, with some of the byproduct (mainly tentacles) being exported to Mediterranean countries.
Most squid caught by the jigging method are taken from fishing grounds off Portland, Queenscliff and Lakes Entrance in Victoria, with a small number of operators fishing in South Australian waters.
Regulation Impact Statement
The Office of Regulation Review (ORR) have advised that a Regulation Impact Statement was not required for the Determination (ORR ID 8744).
Consultation
AFMA’s management philosophy (as foreshadowed in its governing legislation) involves a partnership approach to the management of marine resources under its jurisdiction. Cooperation with relevant stakeholders, such as the fishing industry, government agencies, the community and others with an interest in the sustainable management of the Commonwealth’s fisheries resources, is a vital part of this approach. This approach provides opportunities for stakeholders to have input into the management process through, in the case of the SSJF, the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG), formerly known as the Southern Squid Jig Fishery Assessment Group (SquidFAG).
Subsections 11(2) of the Plan provides that before making a determining the TAE for a fishing year, AFMA must consult, and consider the views of SquidMAC and SquidFAG (now SquidRAG) and may consult, and consider the views of, any other interested person. SquidMAC and SquidRAG met on 3 October 2006 to consider the TAE for the fishery and recommended a TAE of 800 standard squid jigging machines for the 2007 fishing year.
AFMA has determined the TAE for the fishery of 800 standard squid jigging machines for the 2007 fishing year following due consideration of the SquidMAC and SquidRAG representations. AFMA is satisfied that the Determination pursues its objectives and is consistent with its corporate plan and current annual operational plan.
Details of the Determination are set out below:
Clause 1 | Provides for the Determination to be cited as the Southern Squid Jig Fishery Total Allowable Effort Determination 2006. |
Clause 2 | Provides that the Determination commences the day after registration. |
Clause 3 | Provides that a term used in the Determination and in the Plan has the same meaning in the Determination as in the Plan. |
Clause 4 | Determines the total allowable effort for the fishery for the 2007 fishing year is 800 standard squid jigging machines. |
Overview
The Southern Squid Jig Fishery Total Allowable Effort Determination 2006 was enacted to provide a legislative framework for the management of the Southern Squid Jig Fishery (SSJF), which targets squid species using the squid jigging method. This legislation was introduced to address the need for a structured approach to determining the total allowable effort (TAE) for the fishery, ensuring sustainable management and allowing for stakeholder input. Enacted by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991, the policy objective of the Determination is to facilitate the sustainable management of the fishery through the establishment of a TAE for the 2007 fishing year. This was achieved by consulting with relevant stakeholders, including the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG), and considering their recommendations in setting the TAE at 800 standard squid jigging machines.
Scope and Application
The Southern Squid Jig Fishery Total Allowable Effort Determination 2006 applies to the Australian Fisheries Management Authority (AFMA) and to the entities involved in the Southern Squid Jig Fishery (SSJF), which primarily targets squid species using the squid jigging method. The SSJF operates in waters off the coast of Victoria and a small portion in South Australian waters. The Determination is issued under the Fisheries Management Act 1991 and sets out the total allowable effort (TAE) for the SSJF for the 2007 fishing year, capping it at 800 standard squid jigging machines. The scope of this Determination is to ensure that the fishery is managed sustainably and that the TAE is set in accordance with the SSJF Management Plan 2005, requiring AFMA to consult with relevant stakeholders, including the Southern Squid Jig Fishery Management Advisory Committee and the Southern Squid Jig Fishery Resource Assessment Group, before making the determination. The Determination does not specify exclusions, exemptions, or thresholds beyond those outlined in the SSJF Management Plan 2005 and the Fisheries Management Act 1991. It is a legislative instrument that extends the application of the primary Act by detailing specific management measures for the SSJF.
Key Provisions
The Southern Squid Jig Fishery Total Allowable Effort Determination 2006 sets out the total allowable effort (TAE) for the fishery in question. Clause 4 specifically determines that the TAE for the 2007 fishing year is 800 standard squid jigging machines (s.4). This determination is made under the authority provided by the Fisheries Management Act 1991 (FM Act) and the Southern Squid Jig Fishery Management Plan 2005 (Plan), which require the Australian Fisheries Management Authority (AFMA) to establish the TAE before the fishing year begins (s.11(1) of the Plan).
AFMA is obligated to consult with the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG), previously known as the Southern Squid Jig Fishery Assessment Group (SquidFAG), before making a TAE determination. They are also permitted to consult with any other interested parties (s.11(2) of the Plan). These groups provide essential input into the management process, ensuring that the determination aligns with the sustainable management of the fishery. AFMA is further mandated to act in accordance with its corporate plan and current annual operational plan when making such determinations (s.16(1) of the FM Act).
Failure to adhere to the provisions of the TAE Determination or the underlying plans could result in various consequences. While the legislation does not explicitly detail specific offences or penalties, breaches of the TAE could potentially lead to legal actions under the FM Act. Such actions could include fines or other penalties as prescribed by relevant laws, which could vary depending on the severity and impact of the breach. Additionally, non-compliance may also lead to reputational damage and loss of trust among stakeholders, further complicating management efforts and compliance.