EXPLANATORY STATEMENT
Australian Fisheries Management Authority
Fisheries Management Act 1991
Western Tuna and Billfish Fishery Management Plan 2005
WESTERN TUNA AND BILLFISH FISHERY TOTAL ALLOWABLE COMMERCIAL CATCH DETERMINATION 2012
Section 17 of the Fisheries Management Act 1991 (the Act) provides for the Australian Fisheries Management Authority (AFMA) to determine plans of management for a fishery.
Paragraph (aa) of subsection 17(6) of the Act provides that a plan of management may determine, or provide for AFMA to determine, the fishing capacity, for a fishery measured by that method or those methods, permitted for the fishery or a part of the fishery in respect of a particular period or periods.
Section 11(1) of the Western Tuna and Billfish Fishery Management Plan 2005 (the Plan) provides that AFMA must determine a total allowable commercial catch (TACC) for each quota species for the fishing year before the fishing season commences. A determination of a TACC must specify the TACC expressed in whole weight or a specified other weight.
Section 11(2) of the Plan provides that, before AFMA determines a TACC for a quota species for a fishing year, it must consider information given by the advisory committee, other interested Australian and international bodies and other interested persons; the total estimated catch by the commercial, recreational, indigenous and any other users of the fishery; information about the sustainability of marine species in the area of the fishery; the reference points set for the stocks of quota species; the precautionary principle; any decision made by the Minister or an intergovernmental Ministerial Council about resource sharing in the fishery; any decision rule used for setting the TACC; and the likely effect, for the fishing season, of any overcatch permitted.
The Fishery
The Western Tuna and Billfish Fishery (WTBF) covers the area of waters in the Australian Exclusive Economic Zone (EEZ) included on the west coast of Australia, westward from Cape York Peninsula (142°30’E) off Queensland to 34°S off the west coast of Western Australia. It also extends eastward from 34°S off the west coast of WA, across the Great Australian Bight to 141°E at the South Australian/Victorian border. The fishery also includes Australian waters outside of 12 nm off Christmas Island and Cocos Keeling Islands. The Plan also applies to Australian boats fishing on the high seas within the Indian Ocean Tuna Commission’s (IOTC) Area of Competence.
Management in the WTBF has been through output controls in the form of individually transferable quotas since the Plan was determined in 2005.
Consultation
Extensive consultation to establish the TACCs. Advice from the Tropical Tuna Resource Assessment Group (TTRAG) was considered by the Tropical Tuna Management Advisory Committee (TTMAC). TTMAC discussed the TACC recommendations. When considering the TACC recommendations, TTMAC took into account broader considerations in order to recommend a TACC. These include the Commonwealth Harvest Strategy Policy, stock levels assessed by Indian Ocean Tuna Commission, any whole of government position on catches, total catches from other commercial, recreational and indigenous sectors and any decisions or considerations on resource sharing.
The recommended TACCs for all species in the WTBF were then sent to the AFMA Commission for determination along with all advice from TTMAC and TTRAG.
Statement of Compatibility
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.
Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature.
Details of the Determination are set out below:
Clause 1 Provides for the Determination to be cited as Western Tuna and Billfish Fishery Total Allowable Commercial Catch Determination 2012.
Clause 2 Provides for the commencement of the Determination.
Clause 3 Provides that the Determination ceases on 1 February 2013.
Clause 4 Defines terms used in the Determination.
Clause 5 Sets out the period of application of the Determination and the determined total allowable commercial catch for quota species.
Overview
The Western Tuna and Billfish Fishery Total Allowable Commercial Catch Determination 2012, enacted under the Fisheries Management Act 1991, was introduced to address the need for a structured and sustainable approach to managing the commercial catch of tuna and billfish in Australian waters. The Australian Fisheries Management Authority (AFMA), responsible for determining management plans under the Act, was tasked with establishing total allowable commercial catches (TACC) for each quota species in the Western Tuna and Billfish Fishery (WTBF) before the commencement of the fishing season. This determination aimed to ensure that the catch levels were set in accordance with sustainability principles, taking into account various factors such as stock assessments, reference points, and broader policy considerations. The legislation was enacted by the Australian Parliament to provide a legal framework for the sustainable management of fishery resources, ensuring that fishing activities do not adversely impact marine ecosystems and that they are conducted in a manner that is economically viable and environmentally responsible.
Scope and Application
The Western Tuna and Billfish Fishery Total Allowable Commercial Catch Determination 2012 applies to the Western Tuna and Billfish Fishery, which encompasses the Australian Exclusive Economic Zone (EEZ) waters off the west coast of Australia, extending from Cape York Peninsula in Queensland to the South Australian/Victorian border. This determination specifically regulates the fishing capacity and total allowable commercial catch (TACC) for quota species within this fishery, including Australian waters outside 12 nautical miles off Christmas Island and Cocos Keeling Islands, as well as Australian boats fishing on the high seas within the Indian Ocean Tuna Commission’s Area of Competence. The Act applies to all entities and persons involved in commercial fishing activities within this specified fishery, requiring them to adhere to the determined TACCs and other management measures stipulated by the Australian Fisheries Management Authority (AFMA). The geographic reach of this legislation is confined to the Commonwealth jurisdiction, ensuring consistent management and sustainability of the fishery resources across the designated area. The determination does not explicitly state any exclusions or exemptions, but it does operate under the broader framework of the Fisheries Management Act 1991, which may include provisions for specific exclusions or exemptions through subordinate instruments.
Key Provisions
The Western Tuna and Billfish Fishery Total Allowable Commercial Catch Determination 2012 (Clauses 1-5) provides a legal framework for the management of the Western Tuna and Billfish Fishery (WTBF) in Australian waters. According to section 17(6)(aa) of the Fisheries Management Act 1991, the Australian Fisheries Management Authority (AFMA) is authorised to determine plans of management for fisheries, which may include setting fishing capacity for specified periods. Pursuant to section 11(1) of the Western Tuna and Billfish Fishery Management Plan 2005, AFMA is required to determine a total allowable commercial catch (TACC) for each quota species before the fishing season begins. The TACC must be specified in whole weight or another specified weight.
AFMA must consider several factors when determining the TACC, as outlined in section 11(2) of the Plan. These include advice from the Tropical Tuna Management Advisory Committee (TTMAC), information from the Tropical Tuna Resource Assessment Group (TTRAG), total estimated catches by various sectors, sustainability of marine species, reference points for quota species stocks, the precautionary principle, decisions by the Minister or intergovernmental Ministerial Councils, decision rules for setting the TACC, and the impact of any permitted overcatch. This comprehensive approach ensures that the determination of the TACC is based on robust scientific and policy advice.
AFMA is responsible for implementing the provisions of the Determination in accordance with the Fisheries Management Act 1991 and the Western Tuna and Billfish Fishery Management Plan 2005. This includes determining the TACC for quota species, consulting with relevant stakeholders, and considering the factors specified in the Plan. AFMA must also ensure that the TACC is communicated effectively to all relevant parties and that the fishery is managed sustainably.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Determination itself. However, breaches of the Fisheries Management Act 1991 or the Western Tuna and Billfish Fishery Management Plan 2005 may result in penalties under those Acts. For instance, unauthorised fishing or exceeding catch limits can lead to fines or other sanctions as prescribed in the Fisheries Management Act 1991. The Determination ensures that the management of the WTBF is conducted in compliance with the broader legislative framework governing Australian fisheries.