Southern Squid Jig Fishery Total Allowable Effort Determination 2017

Overview

The Southern Squid Jig Fishery Total Allowable Effort Determination 2017 is a legislative instrument introduced under the Fisheries Management Act 1991 to address the need for managing the total allowable effort for the Southern Squid Jig Fishery (SSJF). Enacted by the Australian Fisheries Management Authority (AFMA), this Determination aims to regulate the fishing capacity permitted for the SSJF in line with the objectives set out in the Southern Squid Jig Fishery Management Plan 2005. The SSJF targets squid species using the squid jigging method, which is highly selective with minimal bycatch. The Determination sets the Total Allowable Effort (TAE) for the 2018 fishing year at 550 standard squid jigging machines, following consultations with relevant advisory groups and committees, ensuring that the fishing activities remain sustainable and aligned with the management objectives.

Scope and Application

The Southern Squid Jig Fishery Total Allowable Effort Determination 2017 applies to the operators engaged in the Southern Squid Jig Fishery (SSJF), targeting species such as Arrow Squid (Nototodarus gouldi) by the squid jigging method. This determination, established under the Fisheries Management Act 1991 and the Southern Squid Jig Fishery Management Plan 2005, is designed to regulate the fishing capacity permitted for the fishery by setting the Total Allowable Effort (TAE) for a specified period. The TAE, which is defined by the number of squid jigging machines that may be used, was determined to be 550 standard squid jigging machines for the 2018 fishing year. This decision was made by the Australian Fisheries Management Authority after consulting with relevant advisory groups and considering their recommendations. The Determination operates within the jurisdiction of the Commonwealth of Australia and is applicable to the areas where the SSJF is conducted, which primarily include fishing grounds off Portland, Queenscliff and Lakes Entrance in Victoria, with some operations off South Australia and Tasmania. The Determination is effective from the day after its registration on the Federal Register of Legislation and will be repealed on 1 January 2019 unless earlier revoked. The terms used in the Determination have the same meaning as those defined in the Southern Squid Jig Fishery Management Plan 2005.

Key Provisions

The Southern Squid Jig Fishery Total Allowable Effort Determination 2017 (Clause 5) sets out the Total Allowable Effort (TAE) for the 2018 fishing year of the Southern Squid Jig Fishery (SSJF) at 550 standard squid jigging machines. This Determination is made under the authority of the Fisheries Management Act 1991 (the Management Act) and is intended to manage the fishing capacity of the SSJF through the regulation of the number of squid jigging machines that can be used in the fishery during the specified period (Subsections 17(5) and 17(6)(aa) of the Management Act). The TAE is a key measure used to control the fishing effort in the SSJF and is determined prior to the start of each fishing year (Subsection 11(1) of the Southern Squid Jig Fishery Management Plan 2005). The Authority is required to consult with the Southern Squid Jig Fishery Resource Assessment Group (SquidRAG) and the South East Management Advisory Committee (SEMAC) before determining the TAE for a fishing year (Subsection 11(2) of the Plan). The Authority must consider the views of these groups and may also consult with other interested persons. Following consultations with SquidRAG and SEMAC, both of which recommended a TAE of 550 standard squid jigging machines for the 2018 fishing season, the Authority determined that the TAE for the 2018 SSJF fishing year would be 550 standard squid jigging machines. The Determination reflects the views of SquidRAG and SEMAC, and the Authority is satisfied that it aligns with the legislative objectives of the Management Act. Breach of the provisions set out in the Determination could result in a range of legal consequences. While the Determination itself does not explicitly outline specific offences or penalties, violations of the TAE limit or other provisions of the Southern Squid Jig Jig Fishery Management Plan 2005 could potentially lead to enforcement actions under the Management Act or other related legislation. Penalties for breaches of the Management Act can include fines and, in some cases, imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any relevant regulations or guidelines established under the Management Act. In addition to potential criminal penalties, breaches of the TAE provisions or other fishery management regulations could also lead to civil consequences, such as compensation claims for damages caused by illegal fishing activities, or administrative penalties imposed by the Authority. The precise nature and extent of these consequences would be determined on a case-by-case basis, taking into account the circumstances of the breach and any relevant legal provisions.