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 2008.
The Southern Squid Jig Fishery Total Allowable Effort Determination 2008 (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.
Consultation
Subsections 11(2) of the Plan provides that before determining the TAE for a fishing year, AFMA must consult, and consider the views of 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) and may consult, and consider the views of, any other interested person.
SquidMAC and SquidRAG met on 22 October 2008 to consider the TAE for the 2009 fishing season. Based on these considerations SquidMAC and SquidRAG unanimously recommended a TAE of 590 standard squid jigging machines for the 2009 fishing year. SquidRAG and SquidMAC considered the following key issues before recommending a TAE of 590 machines for 2009:
- Sustainability of the target species is unlikely to be affected by a TAE of 590 machines in 2009 and was considered appropriate by scientists, industry and AFMA Management;
- Sustainability of byproduct and bycatch species, including threatened, endangered and protected (TEP) species is unlikely to be affected regardless of the TAE because squid jig fishing is a highly targeted fishing method;
- A TAE of 590 machines will allow for maximum utilisation of the squid resource without unnecessarily constraining the jig fishery effort (and catch) in 2009.
AFMA has determined the TAE for the fishery of 590 standard squid jigging machines for the 2008 fishing year after considering the recommendation of the SquidMAC and SquidRAG. AFMA is satisfied that the Determination pursues its objectives and is consistent with its corporate plan and current annual operational plan.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) has advised that a Regulation Impact Statement is not required for the Determination (OBPR ID 9933).
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 2008. |
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 2009 fishing year is 590 standard squid jigging machines. |
Overview
The Southern Squid Jig Fishery Total Allowable Effort Determination 2008 (the Determination) was introduced under the Fisheries Management Act 1991 (FM Act) to regulate the total allowable effort (TAE) for the Southern Squid Jig Fishery (SSJF) for the 2009 fishing year. Enacted by the Australian Fisheries Management Authority (AFMA), the Determination sets the TAE at 590 standard squid jigging machines. This was determined following consultations with the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG), who recommended this number based on sustainability considerations for the target species and minimal impact on byproduct and bycatch species. The Determination aims to pursue AFMA’s objectives and align with its corporate and operational plans, ensuring the fishery's maximum utilisation without undue constraints on fishing effort.
Scope and Application
The Southern Squid Jig Fishery Total Allowable Effort Determination 2008 applies to the management of the Southern Squid Jig Fishery, a specific fishery targeting squid species through the squid jigging method, predominantly in waters off Portland, Queenscliff, and Lakes Entrance in Victoria, and to a lesser extent in South Australian waters. The Determination is a legislative instrument under the Fisheries Management Act 1991, administered by the Australian Fisheries Management Authority (AFMA). The act and the Determination together establish the framework within which AFMA must determine the total allowable effort (TAE) for the fishery before the start of each fishing year, in accordance with its corporate and operational plans. The Determination specifies the TAE for the 2009 fishing year as 590 standard squid jigging machines, following recommendations from the Southern Squid Jig Fishery Management Advisory Committee and the Southern Squid Jig Fishery Resource Assessment Group. This legislative instrument does not explicitly state exclusions or exemptions, but its application is confined to the specific parameters of the fishery as defined by the Southern Squid Jig Fishery Management Plan 2005. AFMA’s determination of the TAE is also subject to consultation with relevant advisory committees and interested parties, ensuring that the determination aligns with sustainability goals and regulatory objectives.
Key Provisions
The Southern Squid Jig Fishery Total Allowable Effort Determination 2008 sets out the total allowable effort (TAE) for the 2009 fishing year in the Southern Squid Jig Fishery (SSJF), which targets squid species using the squid jigging method (Clause 4). This determination is made under the Fisheries Management Act 1991 (FM Act) and follows consultation with the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG) as required by the Southern Squid Jig Fishery Management Plan 2005 (subsection 11(2) of the Plan). The TAE for the 2009 fishing year is set at 590 standard squid jigging machines, a figure recommended by SquidMAC and SquidRAG based on considerations of sustainability and resource utilisation.
The Australian Fisheries Management Authority (AFMA) is required to determine the TAE for the fishing year before it commences and must do so in accordance with its corporate and annual operational plans as stipulated by the FM Act (subsections 16(1) and 11(1) of the FM Act). AFMA must also consult with SquidMAC and SquidRAG, and may consult with other interested parties, before setting the TAE (subsection 11(2) of the Plan). These obligations ensure that the determination is informed by expert advice and stakeholder input, reflecting a balanced approach to fishery management.
Failure to comply with the requirements of the Determination may result in penalties under the Fisheries Management Act 1991. AFMA has the authority to enforce compliance and may take action against individuals or entities that breach the provisions of the Act or the Determination. Penalties for non-compliance can include fines and, in severe cases, imprisonment. The specific penalties are determined by the courts and are aligned with the severity of the breach.
The Determination also imposes civil and criminal consequences for non-compliance with fishery management measures. Civil penalties may include fines, and in some cases, the revocation of fishing licences. Criminal penalties can include imprisonment for offences such as illegal fishing activities, possession of undeclared catch, or fraudulent practices. The maximum penalties for these offences are prescribed by the FM Act and can vary depending on the nature and extent of the breach. The regulatory framework aims to deter non-compliance and ensure the sustainable management of the Southern Squid Jig Fishery.