Fisheries Management Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 285 1

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Fisheries Management Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fisheries Management Act 1991.

Dated 3 October 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

D. BEDDALL

Minister for Resources

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1.   Amendment

1.1   The Fisheries Management Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 3 (Interpretation)

2.1   Insert the following definition:

“ ‘declared fishery’ means a fishery in respect of which AFMA has published a declaration under subsection 91 (1) of the Act;”.

2.2   Add at the end:

“(2)

The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).”.

3.   New regulation 8A

3.1   After regulation 8, insert:

Condition of fishing permit—incidental catch

“8A.

(1) For the purposes of subparagraph 32 (6) (a) (ii) of the Act (which deals with conditions that may be prescribed in relation to fishing permits), the condition set out in subregulation (2) is prescribed in relation to a fishing permit.

“(2)

Subject to subregulation (4), the holder of a fishing permit must not take a scheduled species unless:

• (a)

  the scheduled species is taken as an incidental part of the fishing activities authorised by the permit; and

• (b)

  on any one trip:

  • (i)

    the total number of fish that are scheduled species referred to in Part 1 of Schedule 3C does not exceed 2 fish; and

  • (ii)

    the total number of fish that are scheduled species referred to in Part 2 of Schedule 3C does not exceed 10 fish; and

  • (iii)

    the total number of fish that are scheduled species referred to in Part 3 of Schedule 3C does not exceed 20 fish.

“(3)

For the purposes of this regulation, a scheduled species that is on a boat at the end of a trip is taken to have been taken during that trip.

“(4)

The condition set out in subparagraph (2) (b) (i) does not apply to Black Kingfish (Rachycentron canadus) that are taken, as an incidental part of the fishing activities authorised by a fishing permit, in the part of the area specified in Schedule 3A that is west of the meridian of Longitude 129° East.

“(5)

In this regulation:

‘fishing permit’ means a fishing permit that:

• (a)

  authorises the use of a boat for fishing in the area specified in Schedule 3A; and

• (b)

  allows the taking of tuna;

‘scheduled species’ means a species of fish that is specified in Schedule 3B;

‘trip’ means a voyage by a boat that:

• (a)

  commences at a place on, or within, the coastline of Australia; and

• (b)

  proceeds to and from, or through, the area specified in Schedule 3A, for the purposes of fishing; and

• (c)

  ends, whether or not the boat calls, for any reason, at a place outside Australia, at a place on, or within, the coastline of Australia where fish taken, using the boat, are unloaded;

‘tuna’ means fish:

• (a)

  of the family Scombridae, commonly known as tuna and tuna-like fish, other than fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger, commonly known as mackerels; and

• (b)

  of the families Istiophoridae and Xiphiidae, commonly known as billfish; and

• (c)

  of the family Bramidae, commonly known as pomfrets or rays bream.”.

4.   New regulations 10A, 10B, 10C and 10D

4.1   After regulation 10, insert:

Records to be kept by holder of fish receiver permit

“10A.

(1) For the purposes of subsection 92 (2) of the Act, the holder of a fish receiver permit must make a record, in accordance with subregulation (3), in respect of fish received by the permit holder.

“(2)

The permit holder must keep the record, for at least 5 years:

• (a)

  if the permit specifies premises at which fish received under the permit by the holder are to be kept while in the possession of the holder—at those premises; and

• (b)

  in any other case—at the holder’s business or residential premises.

“(3)

The record must include:

• (a)

  in relation to fish received:

  • (i)

    the full name and address of the permit holder; and

  • (ii)

    the full name and address of the person from whom the fish were received; and

  • (iii)

    the name of the boat that was used to take the fish; and

  • (iv)

    the name and amount (by weight) of each species of fish received; and

  • (v)

    the type (if any) of processing to which the fish were subjected before being received; and

  • (vi)

    the date on which the fish were received; and

  • (vii)

    if the fish is Southern Bluefin Tuna:

    • (A)

      the number of Southern Bluefin Tuna received; and

    • (B)

      in respect of each Southern Bluefin Tuna received in processed form—whether the Southern Bluefin Tuna was in processed form A or processed form B; and

  • (viii)

    the full name, office (if any) and signature of the person making the record; and

• (b)

  in relation to fish disposed of (except for private or domestic use):

  • (i)

    the full name and address of the permit holder; and

  • (ii)

    the full name and address of the person to whom the fish were disposed of; and

  • (iii)

    the name and amount (by weight) of each species of fish disposed of; and

  • (iv)

    the type (if any) of processing to which the fish were subjected before being disposed of; and

  • (v)

    the date on which the fish were disposed of; and

  • (vi)

    if the fish is Southern Bluefin Tuna:

    • (A)

      the number of Southern Bluefin Tuna disposed of; and

    • (B)

      in respect of each Southern Bluefin Tuna disposed of in processed form—whether the Southern Bluefin Tuna was in processed form A or processed form B; and

  • (vii)

    the full name, office (if any) and signature of the person making the record; and

• (c)

  in relation to fish disposed of for private or domestic use:

  • (i)

    the full name and address of the permit holder; and

  • (ii)

    a declaration that the fish were disposed of for private or domestic use; and

  • (iii)

    the name and amount (by weight) of each species of fish disposed of; and

  • (iv)

    the type (if any) of processing to which the fish were subjected before being disposed of; and

  • (v)

    the month in which the fish were disposed of; and

  • (vi)

    the full name, office (if any) and signature of the person making the record.

“(4)

In subregulation (3):

‘processed form’, ‘processed form A’ and ‘processed form B’ have, respectively, the meaning given in subregulation 2 (1) of the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations;

‘Southern Bluefin Tuna’ has the meaning given in clause 3.1 of the Southern Bluefin Tuna Fishery Management Plan 1995.

Returns—South East Fishery and SBT Fishery

“10B.

(1) In this regulation:

‘area of the South East Fishery’ has the meaning given in subregulation 2 (1) of the Fishing Levy (South East Fishery) Regulations;

‘high seas fishing zone’ has the meaning given in clause 3.1 of the Southern Bluefin Tuna Fishery Management Plan 1995;

‘Southern Bluefin Tuna’ has the meaning given in clause 3.1 of the Southern Bluefin Tuna Fishery Management Plan 1995;

‘Southern Bluefin Tuna Fishery Management Plan 1995’ means the plan of management that is in force from time to time in respect of the Southern Bluefin Tuna Fishery;

‘trawling’, in respect of the South East Fishery, has the meaning given in subregulation 2 (1) of the Fishing Levy (South East Fishery) Regulations.

“(2)

The holder of a fish receiver permit who receives fish from a person engaged in:

• (a)

  trawling in the area of the South East Fishery; or

• (b)

  fishing for Southern Bluefin Tuna in the Australian fishing zone using an Australian or foreign boat; or

• (c)

  fishing for Southern Bluefin Tuna in the high seas fishing zone using an Australian boat;

must give AFMA a return in respect of those fish.

“(3)

The return must:

• (a)

  contain the information included in the record kept under regulation 10A; and

• (b)

  be in accordance with a form acceptable to AFMA; and

• (c)

  be signed by the permit holder; and

• (d)

  be posted to AFMA not later than the first Monday after the day on which the fish are received by the permit holder.

Fish receiver—person who receives his or her own catch

“10C.

A person who takes fish in a declared fishery is taken to receive fish within the meaning of subsection 97 (1) of the Act if the person:

• (a)

  after landing the fish, processes the fish (except for the person’s private or domestic use); or

• (b)

  uses the fish for the purpose of aquaculture or mariculture.

Fish receiver—not person who transports fish

“10D.

For the purposes of section 97 of the Act, a person who transports fish from a person engaged in fishing in a declared fishery to the holder of a fish receiver permit is taken to be the agent of the holder of the permit.”.

5.   Regulation 21 (Fees)

5.1   Subregulation 21 (1) (definition of “trip”):

Omit the definition, substitute:

“ ‘trip’ means a voyage by a boat that:

• (a)

  commences at a place on, or within, the coastline of Australia; and

• (b)

  proceeds to and from, or through, the area of the Southern Shark Fishery, for the purposes of fishing; and

• (c)

  ends, whether or not the boat calls, for any reason, at a place outside Australia, at a place on, or within, the coastline of Australia where fish taken, using the boat, are unloaded.”.

5.2   Subregulation 21 (1):

Insert the following definition:

“ ‘area of the Southern Shark Fishery’ has the meaning given in subregulation 2 (1) of the Fishing Levy (Southern Shark Fishery) Regulations;”.

5.3   Subregulation 21 (3):

Omit “subregulation (1),”, substitute “subregulation (1A),”.

6.   Schedule 2 (Fees)

6.1   Part 3—Fisheries Generally

Add at the end:

“14	Notice under paragraph 32 (1A) (b) of the Act in which another Australian boat is nominated in lieu of the boat specified in a fishing permit for the purposes of the permit	250
15	Notice under subsection 32 (1B) of the Act in which an Australian boat is nominated for the purposes of a fishing permit	250”.

7.   New Schedules 3A, 3B and 3C

7.1   After Schedule 3, insert:

“SCHEDULE 3A Subregulation 8A (5)

INCIDENTAL CATCH—AREA OF APPLICATION

The part of the AFZ that is within the area bounded by a line:

• (a)

  commencing at the point of intersection of the southern coastline of Australia and the meridian of Longitude 129° East;

• (b)

  then running south along that meridian to the outer limit of the AFZ;

• (c)

  then generally westerly, northerly, easterly and southerly along that outer limit to its second intersection with the parallel of Latitude 28° 10¢ South;

• (d)

  then west along that parallel to its intersection with the eastern coastline of Australia at the border of Queensland and New South Wales;

• (e)

  then generally northerly, westerly, southerly and easterly along that coastline to the point of commencement.

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“SCHEDULE 3B Subregulation 8A (5)

SPECIFIED SPECIES

Column 1

Common Name

Column 2

Scientific Name

Amberjack

Seriola dumerili

Australian Bonito

Sarda australis

Australian Spotted Mackerel

Scomberomorus munroi

Bar Cod

Polyprion moeone

Black Kingfish

Rachycentron canadus

Blue Eye Trevalla

Hyperoglyphe antarctica

Butterfly Mackerel

Gasterochisma melampus

Cod

Family Serranidae

Dog Toothed Tuna

Gymnosarda unicolor

Dolphinfish

Coryphaena hippurus

Emperor

Families Lethrinidae and Lutjanidae

Frigate Mackerel

Auxis thazard

Grouper

Family Serranidae

Hapuka

Polyprion oxygeneios

Leaping Bonito

Cybiosarda elegans

Mackerel Tuna

Euthynnus affinis

Oriental Bonito

Sarda orientalis

Rainbow Runner

Elagatis bipinnulata

Rake Gilled Mackerel

Rastrelliger kanagurta

Shark

Subclass Elasmobranchii and Family Serranidae

Shark Mackerel

Grammatorcynus bicarinatus

Slender Tuna

Allothunnus fallai

Snapper

Pagrus auratus

Spanish Mackerel

Scomberomorus commerson

Trevally

Family Carangidae (except genus Seriola)

Tropical Snapper

Families Lethrinidae and Lutjanidae

Tuskfish

Family Labridae

Wahoo

Acanthocybium solandri

Wrasse

Family Labridae

Yellowtail Kingfish

Seriola lalandi

“SCHEDULE 3C Subregulation 8A (2)

INCIDENTAL CATCH LIMITS

PART 1

Amberjack Yellowtail Kingfish

Black Kingfish

PART 2

Australian Bonito Mackerel Tuna

Australian Spotted Mackerel Oriental Bonito

Bar Cod Rainbow Runner

Blue Eye Trevalla Rake Gilled Mackerel

Cod Shark Mackerel

Dog Toothed Tuna Snapper

Dolphinfish Spanish Mackerel

Emperor Trevally

Frigate Mackerel Tropical Snapper

Grouper Tuskfish

Hapuka Wrasse

Leaping Bonito 

PART 3

Butterfly Mackerel Slender Tuna

Shark Wahoo”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 4 October 1995.

2. Statutory Rules 1992 No. 20 as amended by 1992 No. 455; 1993 Nos. 74, 118 and 296; 1994 Nos. 77, 125 and 419.