Federal Register of Legislation - Australian Government

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Determinations/Fisheries as made
This determination sets the gross quota tonnage for Patagonian Toothfish and other species in the Macquarie Island area.
Administered by: Agriculture and Water Resources
Registered 20 Mar 2015
Tabling HistoryDate
Tabled HR23-Mar-2015
Tabled Senate24-Mar-2015
Date of repeal 15 Apr 2016
Repealed by Self Repealing

EXPLANATORY STATEMENT

Australian Fisheries Management Authority

Fisheries Management Act 1991

Macquarie Island Toothfish Fishery Management Plan 2006

Macquarie Island Toothfish Fishery Total Allowable Catch Determination 2015

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 subsection17(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 of the Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan) provides that AFMA must, before the beginning of each fishing year, determine the total allowable catch (TAC) for Patagonian toothfish and catch limits for other species for the fishing year. ‘Fishing year’ is defined in the Plan as the period determined by AFMA.  The period has been determined to be the period of 12 months beginning on 15 April in any year and ending on 14 April of the following year. 

The instrument determines the TAC for Patagonian toothfish and catch limits for other species in the Macquarie Island Toothfish Fishery (the Fishery) for the 2015/2016 fishing year. The instrument ceases on 15 April 2016.

Background

The Fishery lies in waters adjacent to Macquarie Island. Macquarie Island falls under Tasmanian jurisdiction and is located outside the Antarctic convergence, approximately 1500 kilometres south east of Hobart. The waters surrounding the Island out to 200 nautical miles are part of the Australian Fishing Zone which is managed by AFMA.

The Plan provides that access to the Fishery is limited to those operators holding statutory fishing rights (SFRs) granted under the Plan.

SFRs granted under the Plan allow a quantity of Patagonian toothfish to be taken in the Fishery. Under the Plan, a person must hold at least 25.5% of the total SFRs to fish in the Fishery. The weight allocated to an SFR for Patagonian toothfish for the fishing year is worked out by dividing the TAC by the total number of SFRs in force at the start of the fishing year.

In determining the TAC and catch limits AFMA must take into account the reference points determined under section 10 of the Plan. Under section 11 of the Plan AFMA must consult, and consider the views of, the Management Advisory Committee and the Resource Assessment Group.

The Macquarie Island Toothfish Fishery Patagonian Toothfish TAC and bycatch catch limits are determined on an annual basis. CSIRO prepared a stock assessment for the 2015/16 fishing year for Patagonian Toothfish in the Macquarie Island Toothfish Fishery. AFMA provided the stock assessment to the Sub-Antarctic Fisheries Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) for consideration. SouthMAC recommended a TAC for Patagonian Toothfish and catch limits for byproduct species for consideration by the AFMA Commission. SARAG and SouthMAC comprise scientific, industry, conservation group and management representatives as well as observers. The stock assessment provides the best scientific advice on total mortality for Patagonian Toothfish, taking into account fishing and natural mortality. A 460 tonne TAC for the Fishery was the most precautionary of a range of sustainable options presented in the CSIRO stock assessment. The 50 tonne catch limits for other species taken in the fishery is consistent with catch limits set for these species in previous years and is considered by SARAG, SouthMAC and the AFMA Commission to be precautionary.

The AFMA Commission was satisfied that the TAC and catch limits it determined were consistent with AFMA’s obligation to pursue its statutory objectives, specified in section 3 of the FM Act and section 6 of the FA Act. The Commission considered that significant weight should be given to the objective of ensuring that the exploitation of fisheries resources are conducted in a manner consistent with the principles of ecologically sustainable development, which includes the exercise of the precautionary principle (paragraph 3(1)(b) of the FM Act and 6(b) of the FA Act).

Consultation

In determining the TAC AFMA must have regard to reference points for the species determined under section 10 of the Plan and consider the views of the Management Advisory Committee (MAC) and the Resource Assessment Group (RAG).

The TAC and catch limits were reviewed by the RAG and the MAC. The RAG and the MAC both provided TAC recommendations which were accepted by the AFMA Commission and are reflected in the Determination.

Regulation Impact Statement

The Office of Best Practice Regulation has advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement updated on 30th June 2014 to cover specific routine regulatory changes deemed to be of a minor or machinery nature, which specifically includes the setting of TACs for a fishery.

Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

AFMA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached as a supporting document. 

Details of the Determination are set out below:

Clause 1

provides for the Determination to be cited as the Macquarie Island Toothfish Fishery Total Allowable Catch Determination 2015.

Clause 2

provides that the Determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

Clause 3

Clause 4

provides the Determination ceases as if it was revoked on 15 April 2016.

revokes the Macquarie Island Toothfish Fishery Total Allowable Catch Determination 2014 in order to remove the reference in it, to the separately altered previous season continuing until 1st May 2015.The revoked Determination would otherwise apparently conflict with this Determination.

Clause 5

defines the particular terms used in the Determination.

Clause 6

specifies the total allowable catch for Patagonian toothfish and the catch limits for other species in the Fishery for the 2015/2016 fishing year.

 


 

 

Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Macquarie Island Toothfish Fishery Total Allowable Catch Determination 2015

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
	Section 11 of the Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan) provides that AFMA must, before the beginning of each fishing year, determine the total allowable catch (TAC) for Patagonian toothfish and catch limits for other species for the fishing year. ‘Fishing year’ is defined in the Plan as the period determined by AFMA.  The period has been determined to be the period of 12 months beginning on 15 April in any year and ending on 14 April of the following year.  
The instrument determines the TAC for Patagonian toothfish and catch limits for other species in the Macquarie Island Toothfish Fishery (the Fishery) for the 2015/2016 fishing year. The instrument ceases on 15 April 2016.

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.  The AFMA Commission is satisfied that the instrument is consistent with AFMA’s obligation to pursue its statutory objectives.  The instrument is machinery in nature and sets the total allowable catch for Patagonian toothfish in the fishery and catch limits for other species thereby allowing statutory fishing right holders the ability to take a proportion of that total allowable catch for the 2015/16 fishing year.