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 2014
The Southern Squid Jig Fishery Total Allowable Effort Determination 2014 (the Determination) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 17(5) of the Fisheries Management Act 1991 (the Management Act) provides that a plan of management made under the Management Act is to set out, amongst other things, the objectives of the plan of management and measures by which the objectives are to be attained.
Paragraph 17(6)(aa) of the Management Act provides that a plan of management made under the Management Act may provide for the Australian Fisheries Management Authority (the Authority) to determine the fishing capacity permitted for the fishery or a part of the fishery in respect of a particular period or periods.
Subsection 11(1) of the Southern Squid Jig Fishery Management Plan 2005 (the Plan) provides that, prior to the start of the fishing year; the Authority 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
Operators in the Southern Squid Jig Fishery (the Fishery) target 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 boat. 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) 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 TAE for a fishing year, the Authority 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 met in late October and recommended a TAE of 550 standard squid jigging machines.
The Authority consulted with SEMAC who considered the TAE for the 2015 fishing year.
The Authority determined the TAE for the fishery for the 2015 fishing year as 550 standard squid jigging machines at their Commission meeting of 12 November 2014, after considering the recommendations of the SquidRAG and SEMAC. The Authority is satisfied that the Determination pursues the legislative objectives of the Management Act.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The Authority assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. The Authority’s Statement of Compatibility is attached as a supporting document.
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 2014.
Clause 2 Provides that the Determination commences on the day after registration on the Federal Register of Legislative Instruments.
Clause 3 Provides that the Determination ceases as if revoked on 31 December 215 unless earlier revoked.
Clause 4 Provides that a term used in the Determination and in the Plan has the same meaning in the Determination as in the Plan.
Clause 5 Determines the total allowable effort (TAE) for the fishery for the 2015 fishing year is 550 standard squid jigging machines.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Southern Squid Jig Fishery Total Allowable Effort Determination 2014
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The instrument determines the total allowable effort for the southern squid jig fishery for the 2015 year commencing on 1 January 2015 and concluding on 31 December 2015.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.