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 2019
The Southern Squid Jig Fishery (Total Allowable Effort) Determination 2019 is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 17(5) of the Fisheries Management Act 1991 (the Act) provides that a plan of management made under the 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 Act provides that a plan of management made under the 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 Management 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 Management Plan as the calendar year.
The Southern Squid Jig Fishery
Operators in the Southern Squid Jig Fishery (SSJF) target squid species using the squid jigging method. This method involves the use of bright lights to illuminate the water around the fishing vessel. Squid gather in the darkness underneath the vessel and dart into the light to take barbless lures that are ‘jigged’ up and down on either side. The line is hauled when the jigging machines register a change in weight on the line. Jigging is a particularly successful and highly selective method for targeting squid; with minimal to no bycatch. The number of ‘squid jigging’ machines that may be used in the fishery is defined as ‘Total Allowable Effort.’
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 SSJF is sold on the domestic market. 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 and Tasmanian waters.
Consultation
Subsection 11(2) of the Management 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 on 2 October 2019 and recommended a TAE of 550 standard squid jigging machines for the 2020 SSJF fishing season.
The Authority consulted with SEMAC on 6 November 2019, which also recommended a TAE of 550 standard jigging machines for the 2020 SSJF fishing season.
The Authority determined the TAE for the fishery for the 2020 fishing year is 550 standard squid jigging machines. The Authority is satisfied that the instrument pursues the legislative objectives of the Act.
Regulation Impact Statement
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this instrument consistent with the carve out arrangement with AFMA (OBPR reference 14421) 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 instrument are set out in Attachment A.
ATTACHMENT A
Details on provisions
Southern Squid Jig Fishery (Total Allowable Effort) Determination 2019
Clause 1 Provides for the instrument to be cited as the Southern Squid Jig Fishery (Total Allowable Effort) Determination 2019.
Clause 2 Provides that the instrument commences on 1 January 2020.
Clause 3 Provides that the instrument is repealed on 1 January 2021 unless earlier revoked.
Clause 4 Provides that the instrument is made under pursuant to paragraph 17(6)(aa) of the Act and section 11 of the Management Plan.
Clause 5 Provides that a term used in the instrument and in the Management Plan has the same meaning in the instrument as in the Plan.
Clause 6 Determines the Total Allowable Effort (TAE) for the fishery for the 2020 fishing year is 550 standard squid jigging machines.