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 2007.
The Southern Squid Jig Fishery Total Allowable Effort Determination 2007 (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 Best Practice Regulation (OBPR) have advised that a Regulation Impact Statement is not required for the Determination (OBPR ID 9342).
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 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 11 October 2007 to consider the TAE for the fishery and are in agreement with AFMA that a TAE of 640 standard squid jigging machines for the 2008 fishing year is appropriate.
AFMA has determined the TAE for the fishery of 640 standard squid jigging machines for the 2008 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 2007. |
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 2008 fishing year is 640 standard squid jigging machines. |
Overview
The Southern Squid Jig Fishery Total Allowable Effort Determination 2007 was enacted to establish the total allowable effort (TAE) for the Southern Squid Jig Fishery (SSJF) for the 2008 fishing year, in accordance with the Fisheries Management Act 1991 (FM Act). This legislation was introduced to address the need for precise and sustainable management of the fishery, ensuring that the fishing capacity aligns with the objectives of the Australian Fisheries Management Authority (AFMA). Enacted by AFMA, the Determination aims to achieve a balance between the sustainable use of fishery resources and the economic needs of the industry, following consultation with relevant stakeholders through the Southern Squid Jig Fishery Management Advisory Committee and the Southern Squid Jig Fishery Resource Assessment Group. The TAE for the SSJF for the 2008 fishing year was determined to be 640 standard squid jigging machines, reflecting the consensus reached through these consultations and in line with AFMA’s corporate and operational plans.
Scope and Application
The Southern Squid Jig Fishery Total Allowable Effort Determination 2007 applies to the Southern Squid Jig Fishery (SSJF), which targets squid species using the squid jigging method and is primarily based off the coast of Victoria with some activity in South Australian waters. The Determination is made under the Fisheries Management Act 1991 and serves to set the total allowable effort (TAE) for the fishery, which in this case is set at 640 standard squid jigging machines for the 2008 fishing year. The Australian Fisheries Management Authority (AFMA) is responsible for making this determination in accordance with the Southern Squid Jig Fishery Management Plan 2005 and must consult with relevant stakeholders such as the Southern Squid Jig Fishery Management Advisory Committee and the Southern Squid Jig Fishery Resource Assessment Group before setting the TAE. This Determination is a legislative instrument under the Legislative Instruments Act 2003 and once registered, it will commence the day after registration, aligning with the terms defined in the associated Management Plan. There are no stated exclusions or thresholds in the Determination itself, though the broader Fisheries Management Act 1991 may contain provisions that apply more generally to fishing activities within Australia’s jurisdiction.
Key Provisions
The Southern Squid Jig Fishery Total Allowable Effort Determination 2007 (Clause 4) sets the total allowable effort (TAE) for the Southern Squid Jig Fishery (SSJF) at 640 standard squid jigging machines for the 2008 fishing year. This clause specifies the number of machines that can be used in the fishery during the designated period to manage the sustainable use of resources and maintain the health of the squid population. Clause 1 names the Determination as the Southern Squid Jig Fishery Total Allowable Effort Determination 2007, while Clause 2 stipulates that it comes into effect the day after registration, ensuring timely application and clarity regarding its commencement. Clause 3 ensures consistency in terminology by stating that any term used in the Determination will have the same meaning as in the Southern Squid Jig Fishery Management Plan 2005.
The Australian Fisheries Management Authority (AFMA) has several obligations under this Determination. Firstly, AFMA must ensure that the TAE is set in accordance with the provisions of the Fisheries Management Act 1991 (FM Act) and the Southern Squid Jig Fishery Management Plan 2005. This includes considering the advice and recommendations of the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG). AFMA must consult these groups and may consult other interested parties before determining the TAE. Furthermore, AFMA must act in line with its corporate plan and its current annual operational plan, ensuring that the TAE aligns with broader management objectives and strategies. AFMA must also ensure that the fishery is managed sustainably and that the squid population is maintained at a level that allows for long-term viability.
Breaching the provisions of this Determination could lead to various consequences. Under the Fisheries Management Act 1991, AFMA has the authority to impose penalties for non-compliance. Offences may include exceeding the TAE, operating without the required authorisation, or failing to comply with other specified requirements. The penalties for such breaches can vary, but they may include fines, confiscation of equipment, or other administrative actions. In more severe cases, criminal charges may be pursued, leading to potential imprisonment. The exact penalties are determined by the relevant legislation and the specific nature of the breach. It is essential for all parties involved in the SSJF to adhere to the TAE and other provisions to avoid these consequences.