13Determination of TAE and value of effort unit (Act s 17 (6))

13 Determination of TAE and value of effort unit (Act s 17 (6))

(1) AFMA must, before the start of each fishing season, and after considering the reference point for each primary species and secondary species, determine the longline TAE and minor line TAE for the fishery for that fishing season and any later period specified in the determination.

(2) AFMA may also, in the determination, do any or all of the following:

(a) divide the area of the fishery into specified sub‑areas;

(b) specify a sub‑area factor for each sub‑area;

(c) set:

(i) the determined number or the determined percentage (or both) for section 21; and

(ii) the determined percentage for section 22.

(3) If a determination of a TAE for a fishing season is revoked or disallowed, the TAE for the immediately preceding fishing season is taken to be the TAE for the fishing season.

(4) Before making a determination under this section, AFMA must consider matters including the following:

(a) information given by the advisory committee and other interested bodies;

(b) the total estimated catch by the commercial, recreational, indigenous and any other users of the fishery;

(c) information about the sustainability of marine species in the area of the fishery;

(d) any decision made by the Minister or an intergovernmental Ministerial Council about resource sharing in the fishery;

(e) any decision rule used for the setting of the longline TAE and minor line TAE;

(f) the likely effect, for the fishing season, of any over‑expenditure of effort units permitted under section 21.

Note 1 AFMA may determine the fishing capacity permitted for the fishery — see paragraph 17 (6) (aa) of the Act.

Note 2 Subsection 17 (6B) of the Act provides that a determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Although section 46A of the Acts Interpretation Act 1901 has been repealed, section 6 of the Legislative Instruments Act 2003 provides that such an instrument is a disallowable instrument.