Federal Register of Legislation - Australian Government

Primary content

Plans/Management of Sites & Species as made
This Plan amends the Macquarie Island Toothfish Fishery Management Plan 2006.
Administered by: Agriculture, Fisheries and Forestry
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 20
Registered 30 Jan 2012
Tabling HistoryDate
Tabled HR07-Feb-2012
Tabled Senate07-Feb-2012
Date of repeal 19 Jul 2013
Repealed by Agriculture, Fisheries and Forestry (Spent and Redundant Instruments) Repeal Regulation 2013

Macquarie Island Toothfish Fishery Management Plan Amendment 2011

Fisheries Management Act 1991

The Australian Fisheries Management Authority determines this amendment of the Macquarie Island Toothfish Fishery Management Plan 2006 under section 20 of the Fisheries Management Act 1991.

Dated 8 September 2011


The Common Seal of the Australian

Fisheries Management Authority was

affixed in accordance with a resolution

of the Commission




Ryan Murphy
Executive Secretary
Australian Fisheries Management Authority


Accepted on                                        22nd September 2011

Mike Kelly

Parliamentary Secretary for Agriculture, Fisheries and Forestry



1              Name of Management Plan Amendment

                This Management Plan Amendment is the Macquarie Island Toothfish Fishery Management Plan Amendment 2011.

2              Commencement

                This Management Plan Amendment commences on the day after it is registered on the Federal Register of Legislative Instruments.

3              Amendment of Macquarie Island Toothfish Fishery Management  Plan 2006

                Schedule 1 amends the Macquarie Island Toothfish Fishery Management Plan 2006.

Schedule 1        Amendments

(section 3)


[1]       Section 3, definition of sector



[2]       Section 3, definition of statutory fishing right


            1 of the sectors of


[3]       Section 6, paragraph (c)


            ecologically sustainable stocks



            an ecologically sustainable stock


[4]       Section 6, paragraph (d)


            each sector of


[5]       Subsection 10(1)


            ecologically viable stocks of the species and


[6]       Subsection 10(2)


            ecologically viable stocks of Patagonian toothfish and


[7]       Section 11, subsection (1)


            each sector of


[8]       Section 11, subsection (3)


            a sector and


[9]       Section 11, paragraphs (4)(b) and (c)



(b)        the quota allocated to the right for the fishing year; and


[10]     Section 13, subsection (1)


for a sector of the fishery area must not take from that sector of


            for the fishery area must not take from


[11]     Section 13, subsection (2)


(2)        The quota allocated to a statutory fishing right for a fishing year is worked out by dividing the total allowable catch in the fishing year by the total number of statutory fishing rights in force at the start of the fishing year. 


[12]     Section 13, subsections (4) and (5)


(4)        For subsection (1), a person may not take fish from the fishery unless the person holds statutory fishing rights with uncaught quota at least equal to the amount of fish taken.

(5)        For subsection (4):

            uncaught quota, for a holder and at a time in a season, means the balance of quota, available on all the holder’s statutory fishing rights, that remains after deducting the weight of Patagonian toothfish taken by the holder up to that time.


[13]     Section 16, Note 5


            Note 5    When statutory fishing rights were first granted there were 2 sectors in the fishery.   AFMA granted 5,000 statutory fishing rights for each sector under section 17 and 5,000 statutory fishing rights for each sector by tender.  AFMA does not propose to grant further statutory fishing rights.

[14]     Section 20 paragraph (1)(c)



[15]     Subsection 34(3), paragraphs (3)(a), (b), (c) and (d)



(a)        delivered to the reception desk at:

                        Level 6, 73 Northbourne Avenue

                        Canberra City ACT 2600; or

(b)        posted to:

                        PO Box 7051

Canberra Business Centre

ACT 2610; or

(c)        sent by fax (from within Australia) to:

                        (02) 6225 5426; or

(d)       sent by fax (from outside Australia) to:

                        612 6225 5426; or


[16]     Schedule 1



SCHEDULE 1          Fishery area

                                    (section 3)


All areas of the AFZ adjacent to Macquarie Island excluding the waters of the State of Tasmania