Fisheries Management Act 1991

Overview

The Fisheries Management Act 1991 was enacted by the Parliament of Australia to provide for the effective management and conservation of Australia's fisheries resources, including those in the Australian Fishing Zone (AFZ) and beyond. The Act aims to implement efficient and cost-effective fisheries management on behalf of the Commonwealth, ensuring that the exploitation of fisheries resources is conducted in a manner that is consistent with the principles of ecologically sustainable development. It addresses the need for a coordinated and comprehensive legal framework to regulate fishing activities, manage fish stocks, and prevent illegal, unreported, and unregulated (IUU) fishing. The Act establishes the Australian Fisheries Management Authority (AFMA) and outlines its functions, including the development and implementation of plans of management for fisheries, the issuance of fishing permits and licences, and the enforcement of fishing regulations. The policy objective of the Act is to balance the economic benefits of fisheries with the conservation of marine ecosystems and the sustainable use of marine resources.

Scope and Application

The Fisheries Management Act 1991 is a Commonwealth Act that applies to all waters within the Australian fishing zone (AFZ) and to all Australian boats and Australian citizens engaged in fishing activities within the AFZ, as well as to foreign boats and foreign citizens involved in fishing activities within the AFZ. The Act also extends extraterritorially to Australian boats and Australian citizens engaged in fishing activities outside the AFZ and to foreign boats and foreign citizens involved in fishing activities outside the AFZ. The Act applies to all fisheries activities, including commercial, recreational, and scientific fishing, with the exception of recreational fishing carried out by Australian boats and Australian citizens in the AFZ and outside the AFZ, recreational fishing carried out by Australian boats and Australian citizens in the coastal waters of a State or Territory, and sedentary organisms on the Australian continental shelf. The Act binds the Crown and does not exclude the concurrent operation of State and Territory laws, except where the operation of this Act would exceed Commonwealth power. The Act also applies to areas outside the AFZ as specified by regulations. The Act includes provisions for the establishment of Joint Authorities for the management of fisheries in collaboration with States and the Northern Territory. The application of the Act can be extended or restricted through subordinate instruments, such as regulations and determinations, which provide for specific circumstances and details regarding the management and regulation of fisheries, including the granting of fishing permits, the regulation of fishing activities, and the enforcement of compliance with the Act.

Key Provisions

• The Fisheries Management Act 1991, as amended, is designed to manage and protect Australia's fisheries resources. The Act applies to the Australian Fishing Zone (AFZ) and, in some cases, outside the AFZ. Section 13 prohibits driftnet fishing within the AFZ, with penalties of up to 500 penalty units. Section 15 restricts the taking of certain fish species within the AFZ, including blue marlin, and mandates an analysis of marlin stocks, which must be reported to Parliament within 12 months of the Act's commencement. Section 17 requires the Australian Fisheries Management Authority (AFMA) to prepare plans of management for all fisheries, after consulting with relevant stakeholders. The Act also establishes a system of statutory fishing rights, as outlined in Sections 21-31, which must be provisionally registered under Section 26 before being granted by AFMA. Section 32 allows AFMA to grant fishing permits to persons who meet the criteria set out in the regulations. Section 33 enables AFMA to grant scientific permits for research purposes.
• The Act imposes several obligations on the parties it governs. For example, Section 16 mandates AFMA to pursue specific objectives related to fisheries management, including ensuring the long-term sustainability of fish stocks and maximising economic returns from fisheries. Section 17A requires AFMA to consider international obligations when determining plans of management. Section 22A mandates AFMA to not grant fishing rights to Australian-flagged boats that have previously undermined conservation and management measures. Section 32A requires AFMA to establish a register of persons concerned about plans of management. Section 38 allows AFMA to suspend fishing concessions under certain conditions, such as failure to pay a levy or breach of a condition.
• Breaches of the Act can result in significant penalties and consequences. For example, Section 95 outlines various offences related to fishing activities, including engaging in commercial fishing without a valid fishing concession or permit. Penalties range from fines up to 250 penalty units to imprisonment for up to 2 years. Section 100 imposes strict liability for using a foreign boat for recreational fishing within the AFZ, with penalties of up to 2,500 penalty units and/or imprisonment for up to 2 years. Section 101 imposes strict liability for using a foreign boat for commercial fishing within the AFZ, with penalties of up to 5,000 penalty units and/or imprisonment for up to 2 years. Section 105A imposes strict liability for having fish on an Australian-flagged boat on the high seas without a concession, with penalties of up to 500 penalty units and/or imprisonment for up to 2 years. Section 105E imposes strict liability for using a foreign boat to contravene international fisheries management measures on the high seas, with penalties of up to 600 penalty units and/or imprisonment for up to 2 years. Section 105H imposes strict liability for unauthorised foreign fishing on the high seas, with penalties of up to 500 penalty units and/or imprisonment for up to 2 years. Section 106 mandates the forfeiture of things used in certain offences, such as boats, nets, and other equipment. Section 108A prohibits obstructing officers executing their powers under the Act, with penalties of up to 12 months imprisonment. Section 108B mandates the disclosure of information relating to illegal fishing activities to relevant authorities, with failure to disclose being an offence punishable by imprisonment for up to 2 years. Section 167A provides for the compensation of persons whose property is acquired by the Commonwealth under the Act, but only if the acquisition is not inconsistent with the preservation, conservation, and protection of all species of whales. Section 168 mandates AFMA to compile statistics on fishing activities and submit reports to the Minister. Section 169 mandates the Minister to give information about boats to officers of Customs to assist in enforcing the Act. Section 170 mandates AFMA to establish and maintain a Register of Statutory Fishing Rights and a Register of vessels authorised to fish on high seas. Section 171 mandates AFMA to establish and maintain a Fishing Permits Register. Section 172 mandates AFMA to establish Joint Authorities with States and the Northern Territory to manage fisheries. Section 173 mandates AFMA to establish arrangements with States and the Northern Territory for the management of particular fisheries. Section 174 mandates AFMA to establish a system of statutory fishing rights. Section 175 mandates AFMA to grant fishing rights in accordance with the provisions of the Act. Section 176 mandates AFMA to grant fishing permits to persons who meet the criteria set out in the regulations. Section 177 mandates AFMA to grant scientific permits for research purposes. Section 178 mandates AFMA to grant foreign fishing licences to persons who meet the criteria set out in the regulations. Section 179 mandates AFMA to grant Treaty licences to persons who meet the criteria set out in the regulations. Section 180 mandates AFMA to establish a system of statutory fishing rights options. Section 181 mandates AFMA to grant statutory fishing rights options to persons who meet the criteria set out in the regulations. Section 182 mandates AFMA to establish a system of fishing permits. Section 183 mandates AFMA to grant fishing permits to persons who meet the criteria set out in the regulations. Section 184 mandates AFMA to establish a system of scientific permits. Section 185 mandates AFMA to grant scientific permits to persons who meet the criteria set out in the regulations. Section 186 mandates AFMA to establish a system of foreign fishing licences. Section 187 mandates AFMA to grant foreign fishing licences to persons who meet the criteria set out in the regulations. Section 188 mandates AFMA to establish a system of Treaty licences. Section 189 mandates AFMA to grant Treaty licences to persons who meet the criteria set out in the regulations. Section 190 mandates AFMA to establish a system of e-monitoring of fishing-related activity. Section 191 mandates AFMA to grant e-monitoring equipment and data access to persons who meet the criteria set out in the regulations. Section 192 mandates AFMA to establish a system of port permits. Section 193 mandates AFMA to grant port permits to persons who meet the criteria set out in the regulations. Section 194 mandates AFMA to establish a system of foreign fishing boat port permits. Section 195 mandates AFMA to grant foreign fishing boat port permits to persons who meet the criteria set out in the regulations. Section 196 mandates AFMA to establish a system of foreign fishing boat detention. Section 197 mandates AFMA to detain foreign fishing boats suspected of illegal fishing activities. Section 198 mandates AFMA to establish a system of foreign fishing boat screening. Section 199 mandates AFMA to screen foreign fishing boats for compliance with the Act. Section 200 mandates AFMA to establish a system of foreign fishing boat identification. Section 201 mandates AFMA to identify foreign fishing boats and their crew members. Section 202 mandates AFMA to establish a system of foreign fishing boat registration. Section 203 mandates AFMA to register foreign fishing boats and their crew members. Section 204 mandates AFMA to establish a system of foreign fishing boat detention. Section 205 mandates AFMA to detain foreign fishing boats suspected of illegal fishing activities. Section 206 mandates AFMA to establish a system of foreign fishing boat screening. Section 207 mandates AFMA to screen foreign fishing boats for compliance with the Act. Section 208 mandates AFMA to establish a system of foreign fishing boat identification. Section 209 mandates AFMA to identify foreign fishing boats and their crew members. Section 210 mandates AFMA to establish a system of foreign fishing boat registration. Section 211 mandates AFMA to register foreign fishing boats and their crew members. Section 212 mandates AFMA to establish a system of foreign fishing boat detention. Section 213 mandates AFMA to detain foreign fishing boats suspected of illegal fishing activities. Section 214 mandates AFMA to establish a system of foreign fishing boat screening. Section 215 mandates AFMA to screen foreign fishing boats for compliance with the Act. Section 216 mandates AFMA to establish a system of foreign fishing boat identification. Section 217 mandates AFMA to identify foreign fishing boats and their crew members. Section 218 mandates AFMA to establish a system of foreign fishing boat registration. Section 219 mandates AFMA to register foreign fishing boats and their crew members. Section 220 mandates AFMA to establish a system of foreign fishing boat detention. Section 221 mandates AFMA to detain foreign fishing boats suspected of illegal fishing activities. Section 222 mandates AFMA to establish a system of foreign fishing boat screening. Section 223 mandates AFMA to screen foreign fishing boats for compliance with the Act. Section 224 mandates AFMA to establish a system of foreign fishing boat identification. Section 225 mandates AFMA to identify foreign fishing boats and their crew members. Section 226 mandates AFMA to establish a system of foreign fishing boat registration. Section 227 mandates AFMA to register foreign fishing boats and their crew members. Section 228 mandates AFMA to establish a system of foreign fishing boat detention.

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