EXPLANATORY STATEMENT

Select Legislative Instrument 2006 No. 91

Issued by the authority of the Australian Fisheries Management Authority

Fisheries Management Act 1991
Southern Squid Jig Fishery Management Plan 2005

Fisheries Management (Southern Squid Jig Fishery) Regulations 2006

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Section 45 of the Fisheries Management Act 1991 (the FMA) provides that a AFMA must enter certain information in the Register for each statutory fishing right (SFR) that it grants, including such particulars as are prescribed.  The Fisheries Management (Southern Squid Jig Fishery) Regulations 2006 prescribe details that must be entered in the Register in relation to a nominated boat.

Section 23 of the Southern Squid Jig Fishery Management Plan 2005 (the Plan) states that the holder of an SFR may apply to have an Australian boat nominated against the SFR on the Register. Section 23(3) of the Plan provides that where AFMA approves a boat nomination, it must enter in the Register the details required by the regulations to be entered in the Register.

The Regulations prescribe that, for the purposes of paragraph 45(1)(f) of the Act, where a boat has been granted a statutory fishing right under the Plan to engage in squid jigging in the Southern Squid Jig Fishery, AFMA must enter the name of the boat in the Register. If AFMA or a State or Territory Authority issues a distinguishing symbol for the boat, a description or representation of the symbol must also be entered in the Register.

The holder of an SFR must comply with their obligations under the Plan, must comply with any Directions made under the Plan, and must provide biological, economic or technical information and/or samples as requested by AFMA and carry a copy of the extract from the Register on board the nominated boat.

 

The fishery

The Southern Squid Jig Fishery (SSJF) targets squid species by the squid jigging method. Jigging is a particularly successful method for targeting squid and has a high level of specificity for the target species.

The majority of squid taken from the fishery is sold on the domestic market, with some of the byproduct (mainly tentacles) being exported to Mediterranean countries.

Most squid caught by the jigging method are taken from fishing grounds off Portland, Queenscliff and Lakes Entrance in Victoria, with a small number of operators fishing in South Australian waters.  

Regulation Impact Statement

The Office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement was not required for the proposed Regulations (ORR ID 7568).

Consultation with Industry

The preparation of the Plan included full consultation with the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC). AFMA received no comments concerning the issue of what types of details would be included in the Public Register for the fishery.

The regulations implement the Plan. As full consultation was undertaken for the Plan, consultation on the regulations was not required.

 

Other Consultation

The preparation of the Plan included a full public consultation process in which AFMA received no comments concerning the issue of what types of details would be included in the Public Register for the fishery.

The regulations implement the Plan. As full consultation was undertaken for the Plan, consultation on the regulations was not required.

 

Details of the Regulation are set out below:

Clause 1	Provides for the Regulation to be named as Fisheries Management (Southern Squid Jig Fishery) Regulations 2006.
Clause 2	Provides for the commencement date of the Regulation.
Clause 3	Provides for the interpretation of the Regulation. In particular, the clause states that terms defined in the Plan and FMA have the same meaning in the Regulation.
Clause 4	Provides that the details of a nominated boat are to be entered in the Register, specifically the name of the boat and the distinguishing symbol.