Southern Squid Jig Fishery Total Allowable Effort Determination 2015

Administered by Department of Agriculture

Legislation au F2015L01945 Not in force Legislative Instrument

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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 2015

The Southern Squid Jig Fishery Total Allowable Effort Determination 2015 (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 2015 and recommended a TAE of 550 standard squid jigging machines.

The Authority consulted with SEMAC in early November who considered the TAE for the 2016 fishing year. 

The Authority determined the TAE for the fishery for the 2016 fishing year as 550 standard squid jigging machines, 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 2015.

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 is repealed on 31 December 2016 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 2016 fishing year is 550 standard squid jigging machines.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Southern Squid Jig Fishery Total Allowable Effort Determination 2015 is a legislative instrument made under the Fisheries Management Act 1991 by the Australian Fisheries Management Authority. The legislation was introduced to address the need for managing the total allowable effort (TAE) for the Southern Squid Jig Fishery, ensuring sustainable fishing practices for the target species, Arrow Squid (Nototodarus gouldi). This method of managing the fishery is suitable for a highly productive and short-lived species, using input controls based on the number of squid jigging machines. The Determination sets the TAE for the 2016 fishing year at 550 standard squid jigging machines, following recommendations from the Southern Squid Jig Fishery Resource Assessment Group and the South East Management Advisory Committee, as well as consultation with other interested parties. The Authority has determined that this Determination aligns with the objectives of the Fisheries Management Act 1991 and is compatible with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Southern Squid Jig Fishery Total Allowable Effort Determination 2015 applies to operators in the Southern Squid Jig Fishery, which includes both the Commonwealth and state waters of Victoria and South Australia. This legislation sets out the total allowable effort (TAE) for the fishery for the 2016 fishing year, which is defined as the number of squid jigging machines that may be used. The Australian Fisheries Management Authority (the Authority) is responsible for determining the TAE in accordance with the Fisheries Management Act 1991, and the determination is made after considering the views of the Southern Squid Jig Fishery Resource Assessment Group and the South East Management Advisory Committee, as well as any other interested persons. The Determination provides for the TAE for the fishery for the 2016 fishing year to be 550 standard squid jigging machines. The Authority is satisfied that the Determination pursues the legislative objectives of the Management Act. The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is subject to the provisions of that Act.

Key Provisions

The Southern Squid Jig Fishery Total Allowable Effort Determination 2015 sets out the total allowable effort (TAE) for the fishery for the 2016 fishing year. This determination was made pursuant to subsection 11(1) of the Southern Squid Jig Fishery Management Plan 2005 (subsection (11)(1)) and requires the Australian Fisheries Management Authority (the Authority) to set the TAE for the fishery prior to the start of the fishing year, defined as the calendar year (subsection (11)(1)). The Determination specifies that the TAE for the 2016 fishing year is 550 standard squid jigging machines (clause (5)). Before determining the TAE, the Authority must consult with the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG) and the South East Management Advisory Committee (SEMAC) and consider their views (subsection (11)(2)). The Authority may also consult with other interested parties. The Authority took into account the recommendations from SquidRAG, which recommended a TAE of 550 standard squid jigging machines, and SEMAC, which considered the TAE for the 2016 fishing year. The Southern Squid Jig Fishery Total Allowable Effort Determination 2015 imposes obligations on the Authority to determine the TAE for the fishery prior to the start of the fishing year and to consult with specified groups and consider their views. The Authority is also required to ensure that the Determination pursues the legislative objectives of the Fisheries Management Act 1991. This includes setting a TAE that is compatible with human rights, as evidenced by the Statement of Compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Determination also requires that a Regulation Impact Statement was not necessary for this regulatory change, as it was deemed to be of a minor or machinery nature. Breaches of the provisions in the Southern Squid Jig Fishery Total Allowable Effort Determination 2015 could lead to civil or criminal consequences, although the specific penalties are not detailed in the Determination itself. Given the legislative nature of the Determination, non-compliance could potentially result in enforcement actions by the Authority, including fines or other penalties as prescribed by the Fisheries Management Act 1991. The maximum penalties for offences under this Act can vary, but generally include substantial fines and, in some cases, imprisonment, depending on the severity and intent behind the breach. It is essential for operators within the Fishery to adhere to the determined TAE to avoid any legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.