Overview

The Western Tuna and Billfish Fishery Overcatch and Undercatch Determination 2011 was enacted to address the need for clear guidelines on managing overcatch and undercatch within the Western Tuna and Billfish Fishery (WTBF). This Determination was introduced under Section 17 of the Fisheries Management Act 1991, which empowers the Australian Fisheries Management Authority (AFMA) to determine management plans for fisheries, including the setting of total allowable commercial catches (TACC) and the mechanisms for overcatch and undercatch. The objective of this Determination is to provide a structured approach to managing quota flexibility by allowing fishers to carry over or credit a small amount of unused quota to the next fishing season, thereby accommodating minor deviations from their assigned quotas. The Determination was developed following consultation with relevant advisory groups, including the Tropical Tuna Resource Assessment Group (TTRAG) and the Tropical Tuna Management Advisory Committee (TTMAC), and it aligns with the broader management objectives outlined in the Western Tuna and Billfish Fishery Management Plan 2005. The Determination sets the specific percentages and weights for managing overcatch and undercatch for the fishing season from 1 February 2011 to 31 January 2012, ensuring that the fishery is managed in a sustainable and equitable manner.

Scope and Application

The Western Tuna and Billfish Fishery Overcatch and Undercatch Determination 2011 applies to the management of the Western Tuna and Billfish Fishery, which encompasses the Australian Exclusive Economic Zone (EEZ) waters on the west coast of Australia, extending from Cape York Peninsula off Queensland to 34°S off the west coast of Western Australia, and eastward across the Great Australian Bight to 141°E at the South Australian/Victorian border. It also includes Australian waters beyond 12 nautical miles off Christmas Island and Cocos Keeling Islands, as well as waters on the high seas within the Indian Ocean Tuna Commission’s Area of Competence. This Determination applies to all individuals, entities, and vessels engaged in fishing activities within this specified fishery. The Determination is instrumental in setting the parameters for managing the fishing capacity, total allowable commercial catch (TACC), and quota allocations for each statutory fishing right (SFR) for quota species, ensuring compliance with the Fisheries Management Act 1991 and the Western Tuna and Billfish Fishery Management Plan 2005. This Determination is effective from 1 February 2011 to 30 June 2012, providing a framework for the application of overcatch and undercatch provisions, which allow for flexibility in quota carry-over between fishing seasons.

Key Provisions

The main sections of the Western Tuna and Billfish Fishery Overcatch and Undercatch Determination 2011 (the Determination) establish the parameters for managing overcatch and undercatch within the Western Tuna and Billfish Fishery (WTBF) for the fishing season from 1 February 2011 to 31 January 2012. Section 17(6)(aa) of the Fisheries Management Act 1991 (the Act) allows the Australian Fisheries Management Authority (AFMA) to set the fishing capacity for the fishery, while Section 11(1) of the Western Tuna and Billfish Fishery Management Plan 2005 (the Plan) mandates AFMA to determine the total allowable commercial catch (TACC) for each quota species before the fishing season begins. The Determination further specifies the percentage and weight, referred to as the 'determined percentage' and 'determined weight,' for applying overcatch and undercatch provisions during the fishing season. AFMA is required to determine a total allowable commercial catch (TACC) for each quota species under Section 11(1) of the Plan, which must be specified in whole weight or another specified weight. The quota for each statutory fishing right (SFR) is calculated by dividing the TACC for the species by the number of SFRs in force at the start of the season. The Determination also mandates that AFMA must set a determined percentage and weight for the season to apply overcatch provisions to individual SFR holders who exceed their quota, and a determined percentage for applying undercatch provisions to those whose catch is less than their quota. These provisions allow for a small amount of quota to be carried over or under from one fishing season to the next, giving fishers flexibility in their catch within these limits. The Determination imposes several obligations on AFMA and other parties involved in the WTBF. AFMA must determine the TACC for each quota species, the quota for each SFR, and the determined percentages and weights for overcatch and undercatch. These determinations must be made before the fishing season begins and be based on advice from the Tropical Tuna Resource Assessment Group (TTRAG) and the Tropical Tuna Management Advisory Committee (TTMAC). The Determination also mandates that AFMA consult with TTMAC and TTRAG and that their advice be considered by the AFMA Commission before making final determinations. Breaches of the provisions in the Determination can lead to civil and criminal consequences. While the Determination does not explicitly outline specific offences or penalties, violations of the Fisheries Management Act 1991 or the Western Tuna and Billfish Fishery Management Plan 2005 could result in penalties. Under the Act, penalties for breaches can include fines and imprisonment. For instance, Section 248 of the Act prescribes a maximum penalty of up to $1,650,000 for corporations and up to $330,000 for individuals for serious offences, alongside imprisonment terms that can extend up to several years. Compliance with the Determination is crucial to avoid these potential penalties and ensure sustainable management of the WTBF.