Western Tuna and Billfish Fishery Management Plan 2005 - 2010 WTBF TACC D1

Overview

The Fisheries Management Act 1991 was enacted by the Parliament of Australia to establish a framework for the management of fisheries in Australian waters, including the regulation of fishing activities and the conservation of fish stocks. One of the key mechanisms under this Act is the setting of Total Allowable Commercial Catches (TACC) for fisheries, which is intended to ensure sustainable fishing practices and the conservation of marine resources. The Western Tuna and Billfish Fishery Management Plan 2005, which is part of the broader legislative framework under the Fisheries Management Act, further specifies the management measures for the Western Tuna and Billfish Fishery (WTBF), including the setting of TACCs for quota species. The Western Tuna and Billfish Fishery Total Allowable Commercial Catches (2010/11 Fishing Year) Determination, issued by the Australian Fisheries Management Authority (AFMA), sets the TACCs for the 2010/11 fishing season for four quota species: Bigeye Tuna, Broadbill Swordfish, Striped Marlin, and Yellowfin Tuna. The determination was made in accordance with the requirements of the Western Tuna and Billfish Fishery Management Plan 2005, which mandates that AFMA must consider various factors, including sustainability information, catch estimates, and advisory committee recommendations, before setting the TACCs. The policy objective behind these measures is to ensure that the fishery is managed sustainably, taking into account both ecological and economic considerations.

Scope and Application

The Western Tuna and Billfish Fishery Management Plan 2005 Determination sets the Total Allowable Commercial Catch (TACC) for each quota species for the 2010/2011 fishing season under the Fisheries Management Act 1991. This legislation applies to the Western Tuna and Billfish Fishery (WTBF) which spans from Cape York Peninsula off Queensland to the South Australian/Victorian border. The Act governs the fishing capacity and output controls for the fishery, including TACCs for quota species such as Bigeye Tuna, Broadbill Swordfish, Striped Marlin, and Yellowfin Tuna. The Australian Fisheries Management Authority (AFMA) is responsible for determining the TACCs before the start of each fishing season, considering various factors such as sustainability, reference points, and precautionary principles. The management plan also includes input controls, such as limiting the number of boats and specifying gear requirements to manage incidental catches of non-target species. The Determination is subject to consultation with the Tropical Tuna Management Advisory Committee and the AFMA Commission, and while a Regulation Impact Statement was deemed unnecessary for this specific determination, the Act allows for further extension or restriction of application through subordinate instruments.

Key Provisions

The Western Tuna and Billfish Fishery Total Allowable Commercial Catches (2010/11 Fishing Year) Determination (Clause 4) sets specific Total Allowable Commercial Catch (TACC) limits for four quota species for the fishing year running from 1 July 2010 to 31 January 2012. These quota species include Bigeye Tuna, Broadbill Swordfish, Striped Marlin, and Yellowfin Tuna. The TACCs are determined under the Western Tuna and Billfish Fishery Management Plan 2005 (the Plan) in accordance with section 17 of the Fisheries Management Act 1991 (the Act), which empowers the Australian Fisheries Management Authority (AFMA) to establish management plans for fisheries. The Plan, specifically section 11, mandates that AFMA must determine the TACC for each quota species before the commencement of each fishing season. This determination process must consider various factors such as advice from the Tropical Tuna Advisory Committee, the total estimated catch from all users of the fishery, sustainability information about the marine species in the fishery area, reference points for the quota species stocks, the precautionary principle, and any relevant decisions made by the Minister or intergovernmental Ministerial Councils. The obligations imposed by the Determination on the parties involved, particularly AFMA, include a comprehensive evaluation of multiple factors before setting the TACCs. AFMA must ensure that it consults the Tropical Tuna Management Advisory Committee (MAC), which played a role in recommending the TACCs for the 2010/11 season. The AFMA Commission, in turn, must consider the MAC's recommendations and all relevant matters specified in section 11 of the Plan. Additionally, AFMA is required to implement input controls such as limiting the number of boats and enforcing specific gear requirements to manage the incidental catch of non-target species within the Western Tuna and Billfish Fishery (WTBF). These obligations ensure that the fishery is managed sustainably and that the interests of all stakeholders are taken into account. In terms of compliance and enforcement, breaches of the provisions set out in the Determination can result in significant consequences. Although the specific offences and penalties are not detailed in the Determination, violations of the Fisheries Management Act 1991 can lead to both civil and criminal penalties. Under the Act, unauthorised fishing activities, exceeding the specified TACCs, or non-compliance with the management plans and regulations can result in fines, imprisonment, or both. The exact penalties may vary depending on the nature and severity of the offence, but they are intended to deter non-compliance and ensure the sustainable management of fishery resources.