Management Processes Affecting Commonwealth Fisheries - Fact Sheet

Management Processes Affecting Commonwealth Fisheries

This fact sheet aims to explain the difference between

(1) resource sharing in Commonwealth fisheries

(2) fisheries management; and

(3) Offshore Constitutional Settlement (OCS) fisheries arrangements. 

Although there is potential for overlap, each of these has a different effect on individual fisheries and serves a different purpose. 

Resource Sharing

What is it? Resource sharing describes arrangements that give different users, such as commercial, recreational and Indigenous fishers, shared access to the fish resources in a particular fishery. Resource sharing arrangements formalise access for all relevant user groups.
Who is primarily responsible? The Australian Government Department of Agriculture, Fisheries and Forestry (the Department) has the lead role in developing resource sharing arrangements. State and the Northern Territory (NT) Governments are also important players as they manage the recreational fishing sector.

Why? In 2003, through the Commonwealth Fisheries Policy Review: Looking to the Future, stakeholders identified a need for the Government to formally address the ongoing issue of resource sharing between users of Commonwealth fisheries resources. As a result of the policy review, the Australian Government committed to developing a framework for resource sharing in Commonwealth fisheries. Through resource sharing the Government aims to reduce conflict between user groups and to ensure long-term sustainability of fish resources. Resource sharing negotiations were held in the Western Tuna and Billfish Fishery and the Eastern Tuna and Billfish Fishery in 2005 and 2007, respectively, however neither of these resource sharing agreements has persisted.

The process The Government’s aim is for user groups to reach agreement on resource sharing arrangements where possible. The Government has developed a framework to guide the development of resource sharing arrangements for individual fisheries. The framework includes guiding principles, a consultative process and arrangements between the Commonwealth and states/NT for the states/NT to manage the non-commercial component of resource sharing arrangements.

Resource sharing can be contentious because there is often strong competition between users for access to a fishery.  Because of this, the Government may use an independent facilitator to help develop options for resource sharing with stakeholders.

The Minister for Agriculture, Fisheries and Forestry will be responsibile for making a final decision on appropriate resource sharing arrangements for a fishery.

More information For more information on resource sharing, including copies of the resource sharing framework documents or OCS fisheries arrangements, please see DAFF’s website.

Commonwealth Fisheries Management

What does it involve? Commonwealth fisheries are managed on behalf of the Australian community by the Australian Fisheries Management Authority (AFMA). AFMA develops and assesses management arrangements for commercial fisheries and provides licensing, compliance, data collection and observer services. It is guided by the Fisheries Management Act 1991 (FMA).

Who is primarily responsible? AFMA is responsible for the day-to-day management of Commonwealth fisheries.  The Department of Agriculture, Fisheries and Forestry is responsible for broader fisheries policy, and coordination on national and international fisheries issues.

Why? Commonwealth fisheries are managed to ensure that fishing is conducted in a sustainable way. This will ensure that the benefits we get today from fishing, such as healthy seafood and employment, will be available for future generations to enjoy.

Differences between fisheries management and resource sharing Management arrangements aim to control catch or fishing effort in individual fisheries as well as the impact of fishing activities on marine ecosystems. Commonwealth fisheries management only applies to the commercial fishing sector.

Management tools such as Total Allowable Catches (TACs) and Individual Transferable Quotas (ITQs) for Commonwealth fisheries are not determined through the resource sharing process.  Resource sharing arrangements may or may not impact on the management arrangements of a fishery.

Similarities to resource sharing Resource sharing management tools can be the same, or similar, to those used to manage commercial fisheries. The resource sharing process is unlikely to introduce any tools that are not already used to manage Commonwealth fisheries. The most likely tools that would be used in resource sharing are allocating a portion of the TAC to other sectors, temporal or spatial separation. The tools that are used, however, will be determined in the context of specific resource sharing arrangements for each fishery.

More information For more information on Commonwealth fisheries management processes, please refer to AFMA’s website. 

Offshore Constitutional Settlement (OCS) Fisheries Arrangements

What are they? The OCS is the jurisdictional arrangement between the Commonwealth and States/NT which sets out responsibilities for offshore fisheries, mining, shipping and navigation and crimes at sea. The OCS provides for State/NT laws to apply inside three nautical miles (nm), and for Commonwealth laws to apply from three to 200 nm.

The Fisheries Management Act 1991 (sections 71 and 72) and reciprocal State/NT legislation provide the legal and administrative basis for the Australian Government and States/NT to make an arrangement for a fishery to override the existing jurisdictional lines set out under the OCS.
The Fisheries Management Act refers to these overriding agreements as ‘arrangements with States’.  However, they are known colloquially as OCS fisheries arrangements.

Who is primarily responsible? The Department and AFMF both have responsibilities in relation to the development and review of OCS fisheries arrangements.

Why? Fish do not recognise legal boundaries, so based on common sense and efficiency, the Australian Government and State/NT Governments have negotiated OCS fisheries arrangements for some commercially fished species. OCS fisheries arrangements allow the existing jurisdictional boundaries described above to be overridden by agreement between the Commonwealth and relevant States/NT. OCS arrangements are developed when those default boundaries do not allow sensible fisheries management. This allows management of fisheries on a species basis.

Under the terms of these arrangements, the States/NT generally manage coastal, slow moving or inshore species (such as rock lobster and abalone), while the Australian Government manages deepwater or migratory species and species subject to international agreements (such as orange roughy, tuna and billfish) throughout their range.

OCS arrangements with the States/NT are structured so that jurisdiction for a fishery is set out in the OCS arrangement itself, while technical details such as bycatch limits are set out in a supporting Memorandum of Understanding. OCS fisheries arrangements are best suited, and have a clear mandate, to deal with cross-jurisdictional fishery issues like bycatch.

More information For more information on OCS fisheries arrangements please refer to the Department’s website.
 
The Department plans to have electronic copies of all OCS fisheries arrangements with the States/NT available on its website in the near future.