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 2009.
The Southern Squid Jig Fishery Total Allowable Effort Determination 2009 (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 both held meetings on 2 December 2009 to consider the TAE for the 2010 fishing season. Based on these considerations SquidMAC and SquidRAG both recommended a TAE of 580 standard squid jigging machines for the 2010 fishing year. SquidRAG and SquidMAC considered the following key issues before recommending a TAE of 580 machines for 2010:
- Sustainability of the target species is unlikely to be affected by a TAE of 580 machines in 2010 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 580 machines will allow for maximum utilisation of the squid resource without unnecessarily constraining the jig fishery effort (and catch) in 2010.
AFMA has determined the TAE for the fishery of 580 standard squid jigging machines for the 2010 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 10983).
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 2009. |
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 2010 fishing year is 580 standard squid jigging machines. |
Overview
The Southern Squid Jig Fishery Total Allowable Effort Determination 2009 was enacted to provide a legislative framework for the management of the Southern Squid Jig Fishery (SSJF) under the Fisheries Management Act 1991. This legislation was introduced to address the need for a structured approach to managing the fishing capacity and sustainability of the squid resources targeted by the SSJF. The Australian Fisheries Management Authority (AFMA) is the enacting body responsible for implementing this Determination in alignment with its corporate objectives and operational plans. The primary policy objective of this Determination is to ensure the sustainable management of the fishery by setting a Total Allowable Effort (TAE) for the 2010 fishing year, taking into consideration the recommendations of the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG). The TAE was set at 580 standard squid jigging machines to balance the need for economic viability with the ecological sustainability of the targeted species and bycatch.
Scope and Application
The Southern Squid Jig Fishery Total Allowable Effort Determination 2009 applies to the Southern Squid Jig Fishery, specifically regulating the total allowable effort (TAE) for the 2010 fishing year, as outlined under the Fisheries Management Act 1991. This legislation is applicable to all entities engaged in the fishery, including fishing vessels and their operators, and those involved in the management and regulation of the fishery, such as the Australian Fisheries Management Authority (AFMA) and advisory committees like the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG). The geographical scope of the Act covers fishing activities primarily off the coasts of Victoria and South Australia. The Determination sets the TAE at 580 standard squid jigging machines for the 2010 fishing year, a figure arrived at after consultations with relevant advisory bodies and based on sustainability considerations for target and byproduct species. The Act does not specify exclusions or thresholds beyond those determined by the TAE, and it operates under the framework set by the Southern Squid Jig Fishery Management Plan 2005. The Determination can be further refined through subordinate instruments as required by the FM Act.
Key Provisions
The main operative sections of the Southern Squid Jig Fishery Total Allowable Effort Determination 2009 (the Determination) include Clause 4, which sets the total allowable effort (TAE) for the 2010 fishing year at 580 standard squid jigging machines. Clause 1 provides for the citation of the Determination, while Clause 2 stipulates that it commences the day after registration. Clause 3 ensures consistency in terminology between the Determination and the Southern Squid Jig Fishery Management Plan 2005. These provisions collectively establish the regulatory framework for managing the fishing capacity of the Southern Squid Jig Fishery.
The Act imposes specific obligations and requirements on the Australian Fisheries Management Authority (AFMA) and related parties. Pursuant to subsection 11(1) of the Southern Squid Jig Fishery Management Plan 2005, AFMA must determine the TAE for the fishing year before its commencement. In performing this function, AFMA must consult with the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC) and the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG), as outlined in subsection 11(2) of the Plan. AFMA must also consider the views of these groups, and any other interested parties, in making its determination. Additionally, AFMA's determination must align with its objectives, corporate plan, and current annual operational plan, as required by the Fisheries Management Act 1991.
Failure to comply with the provisions of the Determination may result in various legal consequences. Under the Fisheries Management Act 1991, breaches of the TAE provisions may be considered offences. Such offences could lead to civil or criminal penalties, depending on the nature and severity of the breach. While the Determination does not specify maximum penalties, the overarching Act and related regulations typically outline a range of penalties for non-compliance, which may include fines and potential prosecution. The precise penalties would be determined based on the specific breach and relevant legislative provisions.