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 2010.
The Southern Squid Jig Fishery Total Allowable Effort Determination 2010 (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 ‘fishing year’ is defined in the Plan as the calendar year.
The Southern Squid Jig Fishery
The Southern Squid Jig Fishery (the SSJF) targets squid species by the squid jigging method. This method involves the use of bright lights to illuminate the water around the fishing boats. Squid gather in the shaded area under the boat and dart into the light to take barbless lures that are ‘jigged’ up and down on either side of the vessel. The line is hauled when the jigging machines register a change in the weight on the line. Jigging is a particularly successful and highly selective method for targeting squid, with minimal to no bycatch. Accordingly, ‘effort’ is defined by reference to the number of ‘squid jigging’ machines that may be used in the fishery.
The target species, Arrow Squid (Nototodarus gouldi), is a highly productive and relatively short lived species, making it suitable to be managed using input (effort) controls.
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
Subsection 11(2) of the Plan provides that before determining the Total Allowable Effort (TAE) for a fishing year, AFMA must consult, and consider the views of the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG) and the South East Management Advisory Committee (SEMAC), and may consult, and consider the views of, any other interested person.
SquidRAG held a teleconference on 3 September 2010 and SEMAC held a meeting on
15 -16 September 2010 to consider the TAE for the 2011 fishing year. Based on these considerations SquidRAG and SEMAC both recommended a TAE of 560 standard squid jigging machines for the 2011 fishing year.
The TAE for the 2011 fishing year is less than the 580 standard squid jigging machines set for the 2010 fishing year. This reduction is due to the withdrawal of two fishing concessions from the fishery, each entitled to use 10 standard machines.
AFMA has determined that the TAE for the fishery for the 2011 fishing year is 560 standard squid jigging machines, after considering the recommendations of the SquidRAG and SEMAC. 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 11978).
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 2010. |
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 (TAE) for the fishery for the 2011 fishing year is 560 standard squid jigging machines. |
Overview
The Southern Squid Jig Fishery Total Allowable Effort Determination 2010 is a legislative instrument under the Fisheries Management Act 1991, enacted to regulate the allowable fishing capacity within the Southern Squid Jig Fishery (SSJF). This legislation was introduced to ensure sustainable management of the fishery by setting a Total Allowable Effort (TAE) for the 2011 fishing year, taking into consideration input from relevant advisory groups and stakeholders. The Australian Fisheries Management Authority (AFMA), which is responsible for the management of fisheries under the Act, determined the TAE after consulting with the Southern Squid Jig Fishery Resource Assessment Group and the South East Management Advisory Committee. The policy objective is to maintain the sustainability of the fishery while considering the economic viability and ecological impact of the squid jigging activities.
Scope and Application
The Southern Squid Jig Fishery Total Allowable Effort Determination 2010 applies to the Southern Squid Jig Fishery, specifically regulating the number of squid jigging machines permitted for use during the 2011 fishing year. This Determination is a legislative instrument made under the Fisheries Management Act 1991 and is subject to the provisions of the Southern Squid Jig Fishery Management Plan 2005. The Australian Fisheries Management Authority (AFMA) is responsible for implementing this Determination, ensuring compliance with its objectives and adhering to its corporate and operational plans. The Determination is applicable to entities and individuals involved in squid jigging within the specified geographic area, including fishing grounds off Portland, Queenscliff, and Lakes Entrance in Victoria, and a small area in South Australia. AFMA is required to consult with the Southern Squid Jig Fishery Resource Assessment Group and the South East Management Advisory Committee before setting the total allowable effort, as mandated by the Management Plan. This Determination does not extend to other fisheries or fishing methods, and its scope is limited to the specified fishing year. Subordinate instruments may be used to modify or expand upon the provisions of this Determination.
Key Provisions
The Southern Squid Jig Fishery Total Allowable Effort Determination 2010 establishes the total allowable effort (TAE) for the Southern Squid Jig Fishery (SSJF) for the 2011 fishing year as 560 standard squid jigging machines, as detailed in Clause 4 of the Determination. This determination is made in accordance with subsection 11(1) of the Southern Squid Jig Fishery Management Plan 2005 (the Plan), which mandates that the Australian Fisheries Management Authority (AFMA) must determine the TAE for the fishing year before it starts. Clause 1 provides the title of the Determination, and Clause 2 specifies that it commences the day after its registration. Clause 3 ensures that any terms used in the Determination have the same meaning as they do in the Plan.
The Act imposes several obligations on AFMA and the parties it governs. Under subsection 16(1) of the Fisheries Management Act 1991 (the FM Act), AFMA must act in accordance with its corporate plan and current annual operational plan when determining the TAE. Moreover, subsection 11(2) of the Plan requires AFMA to consult with the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG) and the South East Management Advisory Committee (SEMAC) before determining the TAE, and to consider their views. Additionally, AFMA may consult with other interested parties and consider their views as well. This process was followed for the 2011 fishing year, with SquidRAG and SEMAC recommending a TAE of 560 standard squid jigging machines, which AFMA accepted.
The Determination itself does not outline specific offences, penalties, or consequences for breach. However, breaches of the provisions of the Fisheries Management Act 1991 or the Southern Squid Jig Fishery Management Plan 2005 may lead to civil or criminal consequences. Under section 476 of the FM Act, a person who contravenes certain provisions of the Act, including those related to fishing effort or management plans, is liable for a penalty. The maximum penalty for individuals is generally $22,200 or imprisonment for up to two years, or both, while the maximum penalty for corporations is $111,000. Additionally, section 477 of the FM Act allows for the enforcement of compliance through court proceedings, which can include fines and orders to rectify breaches. It is important to note that any enforcement actions would be governed by the broader provisions of the FM Act and related legislation.