Exceptional circumstances process
An exceptional circumstances process was undertaken to provide an independent assessment of fishery licence holders’ individual circumstances and assess whether, and if so to what extent, those circumstances impacted the licence holder’s fishing activity during the reference periodthat quota unit entitlements were determined.
As a matter of policy, any additional quota allocated based on a licence holder’s exceptional circumstances were limited to a pro-rata (or proportional) share of the total eligible catch history of licence holders who participated in the Voluntary Licence Surrender Program after 2 November 2020.
On 29 June 2021, pursuant to section 55 of the Fisheries Management Act 2007, the former Minister imposed a condition fixing a quota unit entitlement on all licences in accordance with his determinations (incorporating any additional allocation that may have been made on the basis of exceptional circumstances).
Following this, a number of licence holders sought reviews of the decisions under the Fisheries Management Act 2007.
As noted in the Marine Scalefish Fishery reform Stage 3 Information document, released 1 July 2021, upon final allocation of quota entitlements, the Minister may determine exceptional circumstances apply and subsequently allocate additional quota units.
Allocation of quota entitlements
The South Australian Civil and Administrative Tribunal (SACAT) has recently made decisions to set aside some decisions made by the former Minister in relation to the pro-rata policy, and for the matter to be remitted for reconsideration.
The Minister will reconsider the decisions in relation to the pro-rata policy and recalculate the additional quota units for licence holders who were found to have exceptional circumstances that warranted additional quota, while preserving the quota units that were allocated on 1 July 2021 to all licence holders.
Once the allocations have been recalculated and reconsidered, the impacted licence holders and the broader industry will be notified of the revised allocations.
We aim to implement a way for licence holders, who are allocated additional quota as part of the reconsideration of exceptional circumstances, to carry unused additional quota into the 2022/23 quota period.
Sustainability of fish stocks under proposed changes
Sustainability risks were considered if the Total Allowable Commercial Catches (TACCs) are increased for the remainder of the current quota period (and expected next quota period) to accommodate the additional units to be allocated to the affected licence holders.
Advice sought and received from the South Australian Research and Development Institute (SARDI) shows there is a low risk to stock sustainability under these arrangements; see SARDI advice ().
Appeals
Appeals lodged in the Supreme Court will be withdrawn and the Minister will reconsider the relevant decisions consistent with the determinations of SACAT.
Non-exceptional circumstances licence holders
Those licence holders who did not apply for, or were not considered to have, exceptional circumstances will retain the quota units that were allocated to them on 1 July 2021.
Based on sustainable limits, the TACCs can be increased for the remainder of the current quota period (and expected next quota period) to accommodate the additional units to maintain the kilogram unit value for 2021/22.
Support
Family and Business Support Mentors are available for you to talk to and can refer you to support services available, such as Rural Financial Business Counselling. These mentors are experienced in discussing and addressing difficult issues.
This service is provided free of charge to licence holders.
FaBS contacts
Steve Whillas
Phone: 0458 852 268
Email: steve@epicbrokers.biz
Colleen White
Phone: 0409 388 649
Email: cwhitecounselling@gmail.com