PZJA Out of Session Decisions

7 June 2007

Please note a full version of the PZJA out of session decisions will be included in the record of the PZJA 21 meeting.

The following PZJA decisions are of relevance to the resource reallocation process.

1. Starting point for resource allocation

Today the PZJA AGREED

to accept the report provided by AFMA entitled “Report to stakeholders on the data used to establish the historical catch ratios of the Community and non-Community sectors” which has been compiled in accordance with PZJA 19.2B;
that based on the results in the report provided by AFMA, the starting point for the resource allocation process being conducted by the PZJA is as follows:

(i) Reef Line (coral trout) fishery - 16% TIB and 84% TVH;

(ii) Spanish Mackerel fishery - 7% TIB and 93% TVH; and

(iii) Tropical Rock Lobster fishery - 35% TIB and 65% TVH.

The report provided by AFMA entitled “Report to stakeholders on the data used to establish the historical catch ratios of the Community and non-Community sectors” can be downloaded here:

Report to stakeholders on the data used to establish the historical catch ratios of the Community and non-Community sectors (PDF 918kb)

2. Allocation formula for the TVH Sector of the Finfish Fishery

Today the PZJA NOTED the following recommendations provided by the Allocation Advisory Panel (AAP).

For the Spanish Mackerel Fishery

that the persons eligible to be granted ITE fishing concessions are those persons to whom a Spanish Mackerel licence has been granted and is current at the time of the PZJA decision to allocate ITE fishing concessions. Any such person ceases to be eligible upon the surrender of the licence prior to the decision to allocate the ITE concessions.
that the formula for determining the allocation of ITE fishing concessions between eligible persons is:

(i) an allocation of 10% of the TAE allocated equally to all fishing platforms (primary vessel and associated tenders) that are attached to primary licences (single and dual endorsed) in recognition of the market value, and

(ii) a catch history allocation of 90% of the TAE allocated to primary licences (single and dual endorsed) based on the best three years of verified catch history over the five year period 1997- 2001, in recognition of utilization of the licence.

that exceptional circumstances apply to licence holders Beverley Joy Hurst and LF & PE Hudson. Details of these exceptional circumstances are provided in section 8.3 of the revised final report.

For the Reef Line Fishery

that the persons eligible to be granted ITE fishing concessions are those persons to whom a Reef Line licence has been granted and is current at the time of the PZJA decision to allocate ITE fishing concessions. Any such person ceases to be eligible upon the surrender of the licence prior to the decision to allocate the ITE concessions.
that the formula for determining the allocation of ITE fishing concessions between eligible persons is:

(i)     an allocation of 10% of the TAE allocated equally to all fishing platforms (primary vessel and associated tenders) that are attached to primary licences (single and dual endorsed) in recognition of the market value;

(ii)    a catch history allocation of 90% of the TAE allocated to primary licences (single and dual endorsed) based on the best three years of verified catch history; and

(iii)   taking into account the AAP’s views on the application of the 2002 Investment Warning to catch history in the Reef Line fishery, the three years of verified catch history must include:

A. one year within the period 1999 – 2001 inclusive (prior to 2002 Investment Warning);

B. one year within the period 2002 – 2005 inclusive; and

C. an additional one year within the period 1999-2005 inclusive.

that exceptional circumstances apply to licence holders LF & PE Hudson. Details of these exceptional circumstances are provided in section 8.3 of the final revised report.

For both the Spanish Mackerel and Reef Line Fisheries

that AAP does not make any precise recommendations as to general criteria for exceptional circumstances but provides guidance on the application of general criteria for exceptional circumstances in sections 5.7 and 8.3 of the revised final report;
that additional exceptional circumstances may also apply according to sections 5.7and 8.3 of the revised final report; and
that broad based evidentiary standards be applied to support claims against general criteria for exception circumstances, as per the recommendations in sections 5.8 and 8.4 of the AAP final revised finfish report.

Today the PZJA AGREED

to accept the final revised report of the AAP;
that to provide clarity to the AAP recommendations, eligible persons are the “holders” of:

(i) TVH licences with a Spanish Mackerel and/or Reef Line entry;

(ii) no-boat letters issued in respect of such a TVH licence by a PZJA licensing delegate;

(iii) licences that at the point in time where the allocation is to occur, have been expired for no more than 3 months and are eligible for renewal in accordance with existing PZJA licence renewal policy;

that while the AAP recommendations have been made in respect of ITEs, the final formula adopted should be expressed in relation to ITQs;
that the method by which quota is held is a matter for the PZJA to decide in line with the quota monitoring and quota management systems currently being developed;
that subject to the above and based on the recommendations in the revised final AAP Torres Strait Finfish Fishery report, to adopt the AAP recommendations presented above as the PZJA allocation formula for the Torres Strait Spanish Mackerel and Reef Line Fisheries; and
in the context of the PZJA decision on a starting point, that the PZJA licensing delegate and AFMA should work together to conduct a provisional allocation to all eligible licence holders in the Spanish Mackerel and Reef Line fisheries and advise licence holders of their provisional allocation.

A copy of the final AAP report submitted to the PZJA for the Finfish Fisheries can be downloaded here:

Final AAP report - Finfish Fisheries (PDF, 1.22MB)

3. Allocation formula for the TVH Sector of the Tropical Rock Lobster Fishery

Today the PZJA NOTED the following recommendations provided by the Allocation Advisory Panel (AAP).

that the persons eligible to be granted ITQ fishing concessions are those persons to whom a TRL licence has been granted and is current at the time of the PZJA decision to allocate ITQ fishing concessions. Any such person ceases to be eligible upon the surrender of the licence prior to the decision to allocate the ITQ concessions;
that the formula for determining the allocation of ITQ fishing concessions between eligible persons is:

(i) an allocation of 20% of TAC allocated equally to all tenders in the fishery that are attached to a fully transferable primary TVH licence in recognition of the market value of fully transferable licences and their associated tenders, and

(ii) a catch history allocation of 80% of TAC allocated to transferable and non-transferable primary TVH licences based on the best three years of verified catch history over the five year period 1997- 2001, in recognition of utilization of the licence;

that because non-transferable licences have no tradeable value they should not be included in the 20% of TAC allocated in recognition of the market value of licences and their associated tenders;
that the AAP did not identify any circumstances or rules for the transfer, amalgamation or separation of fishing concessions in order to maintain the intent of the allocation process;
that the AAP is not aware of any exceptional circumstances applying in the TRL fishery;
that the AAP does not make any precise recommendations as to general criteria for exceptional circumstances but provides guidance on the application of general criteria for exceptional circumstances in sections 5.9 and 8.5 of the AAP final revised report;
that additional exceptional circumstances may apply according to sections 5.9 and 8.5 of the AAP final revised report; and
that broad based evidentiary standards be applied to support claims against general criteria for exception circumstances, as per the recommendations in sections 5.10 and 8.6 of the AAP final revised report.

Today the PZJA AGREED

to accept the final revised report of the AAP;
that to provide clarity to the AAP recommendations, eligible persons are the “holders” of:

(i)     TVH licences with a TRL entry;

(ii)    no-boat letters issued in respect of such a TVH licence by a PZJA licensing delegate;

(iii)   licences that at the point in time where the allocation is to occur, have been expired for no more than 3 months and are eligible for renewal in accordance with existing PZJA licence renewal policy;

that the method by which quota is held is a matter for the PZJA to decide in line with the quota monitoring and quota management systems currently being developed;
that subject to the above and based on the recommendations in the revised final AAP Torres Strait TRL Fishery report, adopts the AAP recommendations above as the PZJA allocation formula for the Torres Strait TRL Fishery;
in the context of a decision on a starting point, that the PZJA licensing delegate and AFMA should work together to conduct a provisional allocation to all eligible licence holders in the TRL fishery and advise licence holders of their provisional allocation.

A copy of the final AAP report submitted to the PZJA for the Tropical Rock Lobster Fishery can be downloaded here:

Final AAP report - Tropical Rock Lobster Fishery (PDF, 1MB)

4. Statement of Future Operating Environment

Today the PZJA AGREED:

to endorse the implementation of an Individual Transferable Quota (ITQ) system for the Torres Strait Finfish (Reef Line and Spanish Mackerel) fisheries;
the Reef Line fishery allocations will be based on coral trout quota alone;
the Total Allowable Commercial Catch for both Spanish Mackerel and Reef Line fisheries will be based on the average catch for the years 2001-2005;
to approve for release and publication the statements on the “Future Operating Environment” in the Torres Strait Finfish (including Reef Line and Spanish Mackerel), and the Tropical Rock Lobster fisheries which note the above and other relevant future operating environment conditions:

The statement of future operating environment for the Torres Strait Finfish Fisheries (including Reef Line and Spanish Mackerel Fisheries) can be downloaded here.

Statement of future operating environment for the Torres Strait Finfish Fisheries (PDF, 34kb)

The statement of future operating environment for the Torres Strait Tropical Rock Lobster Fishery can be downloaded here.

Statement of future operating environment for the Torres Strait Tropical Rock Lobster Fishery (PDF, 21kb)

Page last updated 14 May, 2008