17Plans of management

#### 17 Plans of management (1) Subject to subsection (1A), AFMA must, in writing, after consultation with such persons engaged in fishing as appear to AFMA to be appropriate and after giving due consideration to any representations mentioned in subsection (3), determine plans of management for all fisheries. (1A) If, in all the circumstances, AFMA is of the view that a plan of management is not warranted for a particular fishery, AFMA may make a determination accordingly, including in the determination its reasons for making the determination. While a determination under this subsection is in force, AFMA is not required to determine a plan of management for a fishery. (1AB) If, at any time after making a determination under subsection (1A) that a plan of management is not warranted for a particular fishery, AFMA ceases to be of the view, AFMA may make a further determination revoking the determination under subsection (1A). (1B) A determination under subsection (1A) must be notified: (a) in the Gazette; and (b) to all persons and organisations listed in the register established under section 17A, at their addresses as shown on the register. (2) Before determining a plan of management for a fishery, AFMA must prepare a draft of the plan and, by public notice: (a) state that it intends to determine a plan of management in respect of the fishery; and (b) invite interested persons to make representations in connection with the draft plan by a date specified in the notice, not being less than one month after the date of publication of the notice in the Gazette; and (c) specify: (i) an address from which copies of the draft plan may be obtained; and (ii) an address to which representations may be forwarded. (2A) In addition to issuing a public notice under subsection (2) and before determining a plan of management for a fishery, AFMA must notify the persons and organisations listed in the register established under section 17A, at their addresses as shown on the register, of the terms of the public notice. (3) A person may, not later than the date specified in the notice, make representations to AFMA in connection with the draft plan. (4) In this section, a reference to public notice is a reference to notice published: (a) in the Gazette; and (b) in each State and Territory, in a newspaper circulating throughout that State or Territory; and (c) in such other newspaper or publication (if any) that appears to AFMA to be appropriate in the circumstances. (5) A plan of management for a fishery may set out: (a) the objectives of the plan of management; and (b) measures by which the objectives are to be attained; and (c) performance criteria against which, and time frames within which, the measures taken under the plan of management may be assessed. (5AA) The objectives to be set out under paragraph (5)(a) must be consistent with, but are not limited to, the objectives set out in section 3. (5C) A plan of management for a fishery affecting straddling fish stocks, highly migratory fish stocks or ecologically related fish stocks (within the meaning of the Fish Stocks Agreement) must set out stock‑specific reference points (within the meaning of that Agreement) for the stocks. (6) Without limiting the operation of subsection (5), a plan of management for a fishery may: (a) determine the method or methods by which the fishing capacity of the fishery or a part of the fishery is to be measured, which may be or include, but are not limited to, a method based on a particular area, a particular species or type or a particular quantity of fish, a particular kind, size or quantity of fishing equipment, a particular number of boats, a particular period of fishing, or any combination of the above; and (aa) determine, or provide for AFMA to determine, the fishing capacity, 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; and (b) provide for the management of the fishery by means of a system of statutory fishing rights, and other fishing concessions; and (c) contain a description of the fishery by reference to area, fish species, fishing methods to be employed or any other matter; and (d) subject to section 28, formulate procedures to be followed for selecting persons to whom fishing concessions are to be granted including, in the case of fishing rights: (i) the holding of an auction; or (ii) the calling of tenders; and (e) specify the kind and quantity of equipment that may be used in the fishery; and (f) specify the circumstances in which a statutory fishing right may authorise fishing by or from a foreign boat; and (g) impose obligations on the holders of fishing concessions; and (h) prohibit or regulate recreational fishing in the fishery; and (i) prohibit or regulate fishing for scientific research purposes in the fishery. (6A) Paragraph (6)(aa) authorises the making of a determination in respect of the fishing capacity of a fishery or a part of a fishery that has the effect that no fishing capacity is permitted for the fishery or that part of the fishery in respect of a particular period or periods. (6B) A determination made by AFMA under paragraph (6)(aa) is a legislative instrument. (6C) If a plan of management for a fishery provides for the management of the fishery by means of a system that consists of or includes statutory fishing rights, the plan: (a) may oblige a person who holds, in respect of the fishery, a fishing concession of a particular kind or fishing concessions of particular kinds also to hold, in respect of the fishery, a fishing concession of another kind or fishing concessions of other kinds, as stated in the plan; and (b) without limiting the generality of paragraph (a), may oblige a person who holds, in respect of the fishery, a fishing right of a particular kind or fishing rights of particular kinds also to hold, in respect of the fishery, a fishing right of another kind or fishing rights of other kinds, as stated in the plan; and (c) in respect of each kind of fishing right that a person holds in respect of the fishery—may do either or both of the following: (i) oblige the person to hold not fewer than such number of fishing rights of that kind as is stated in the plan or worked out using a formula so stated; (ii) oblige the person not to hold more than such number of fishing rights of that kind as is stated in the plan or worked out using a formula so stated. (6D) A plan of management for a fishery must contain measures directed at reducing to a minimum: (a) the incidental catch of fish not taken under and in accordance with that plan; and (b) the incidental catch of other species. (7) A plan of management for a fishery must: (a) if the plan makes provision in relation to the management of the fishery by means of a system of statutory fishing rights—provide for registration of persons who are to be eligible for the grant of fishing rights and specify the conditions relevant to such registration; and (b) contain a statement of any right of review that a person has in relation to such registration or the grant, or refusal to make a grant, of a fishing concession. (8) A plan of management may make provision in relation to a matter by applying, adopting or incorporating, with or without modification: (a) a provision of any Act or any regulation made under an Act, or of any other determination, as in force at a particular time or as in force from time to time; or (b) any matter contained in any other instrument or writing as in force or existing at the time when the determination takes effect. (9) A plan of management has no effect to the extent that it is inconsistent with a provision of this Act. (10) While a plan of management is in force for a fishery, AFMA must perform its functions, and exercise its powers, under this Act in relation to the fishery in accordance with the plan of management. (11) AFMA may, by writing under its common seal, delegate any powers conferred on it under a plan of management for a fishery in accordance with paragraph (6)(aa) to: (a) the CEO; or (b) a primary stakeholder who is to assist AFMA to manage the fishery under a co‑management arrangement (within the meaning of the Fisheries Administration Act 1991).