EXPLANATORY STATEMENT
Issued by 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 2020
Subsection 17(5) of the Fisheries Management Act 1991 (the Management 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 Management Act provides that a plan of management may 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. The Southern Squid Jig Fishery (Total Allowable Effort) Determination 2020 (the Determination) is a legislative instrument for the purposes of the Legislation Act 2003 (see subsection 17(6B) of the Management Act).
Subsection 11(1) of the Southern Squid Jig Fishery Management Plan 2005 (the Plan) provides that, before the start of each fishing year, AFMA must determine the total allowable effort (TAE) for the fishery for the fishing year.
Purpose
The Determination determines the TAE for the 2021 fishing year in the Southern Squid Jig Fishery (the Fishery). The TAE is determined to be 550 standard squid jigging machines.
The TAE determined in section 6 of the Determination is considered to be consistent with the objectives of the Plan to ensure ecological sustainability of the target stocks and bycatch, and to maximise economic efficiency in the exploitation of the fishery resources.
Background
The Fishery is a low impact, single method, single species fishery that covers almost half of the Australian Fishing Zone. The major landing ports are located in Portland (Victoria), Queensland (Victoria) and Triabunna (Tasmania). Gould’s squid (Nototodarus gouldi, also known as arrow squid) is the key commercial species targeted in the SSJF.
Management arrangements in the Fishery are primarily implemented to manage effort; including restricting the number of boats and regulating gear type. The permitted fishing gear in the SSJF is a ‘standard squid jigging machine,’ which is defined in section 3 of the Plan as: “… a squid jigging machine that has two elliptical spools with one jig line on each spool.” There are no restrictions on the amount of line, number or type of squid jigs that can be used with each standard jig machine.
Consultation
Subsection 11(2) of the Plan provides that before determining the 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.
AFMA consulted on the proposed TAE for the 2021 fishing year with SquidRAG on 14 October 2020 and with SEMAC on 10 November 2020. The TAE is consistent with the advice provided by both SquidRAG and SEMAC.
Regulation Impact Statement
The Office of Best Practice Regulation does not require a Regulatory Impact Statement for this determination consistent with carve-out arrangements with AFMA for instruments of a minor or machinery nature such as the setting of a total allowable effort for a fishery (OBPR reference 14421).
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
This legislative instrument does not infringe any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Accordingly, in AFMA’s assessment, this legislative instrument is compatible with human rights. A statement of compatibility is included at Attachment A.
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 2020.
Clause 2 Provides that the Determination commences on 1 January 2021.
Clause 3 Provides that the Determination ceases on 1 January 2022.
Clause 4 Provides that the Determination is made under paragraph 17(6)(aa) of the Act for the purposes of section 11 of the Plan.
Clause 5 Provides that any term that is defined in the Plan has the same meaning in the Determination.
Clause 6 Determines the Total Allowable Effort (TAE) for the fishery for the 2021 fishing year is 550 standard squid jigging machines. This TAE is consistent with the Plan and the advice received from the SquidRAG and SEMAC.
Attachment A
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 2020
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
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 (AFMA) 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, before the start of each fishing year, AFMA must determine the total allowable effort (TAE) for the fishery for the fishing year.
The Determination determines the TAE for the 2021 fishing year in the Southern Squid Jig Fishery (the Fishery). The TAE is determined to be 550 standard squid jigging machines.
The TAE determined in section 6 of the Determination is considered to be consistent with the objectives of the Plan to ensure ecological sustainability of the target stocks and bycatch, and to maximise economic efficiency in the exploitation of the fishery resources.
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.