Antarctic Marine Living Resources Conservation Regulations (Amendment) 1997 No. 6
EXPLANATORY STATEMENT
STATUTORY RULES 1997 NO. 6
Issued by the Authority of the Minister for the Environment
Antarctic Marine Living Resources Conservation Act 1981
Antarctic Marine Living Resources Conservation Regulations (Amendment)
Subsection 24(1) of the Antarctic Marine Living Resources Conservation Act 1981 empowers the Governor-General to make regulations not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act, the Convention or the conservation measures.
The Act implements the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR). The Antarctic Marine Living Resources Conservation Regulations (the Regulations) implement the obligations arising from a number of Conservation Measures adopted by the Commission for CAMLR. The Commission is responsible for giving effect to the objective and principles of the Convention. The amending Regulations provide for the inclusion of additional conservation measures adopted by the Commission since the Regulations were made in 1994, such as establishing the catch limit for various species and regulating the use of plastic packaging bands to decrease the incidental mortality of seals caused by entanglement in these bands.
The proposed Regulations commence on gazettal.
Details of the Regulations are as follows:
Regulation 1 - Amendment
This regulation provides for the Antarctic Marine Living Resources Conservation Regulations, the principal Regulations, to be amended as provided for in these Regulations. The amendments are for the purpose of incorporating additional conservation measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources since the making of the original Regulations.
Regulation 2 - Schedule
This regulation amends the Schedule of the Principal Regulations.
SCHEDULE
The Schedule is a copy of certain conservation measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources. The Schedule has been amended to reflect recent changes to measures adopted by the Commission. Details of these changes are as follows.
Conservation Measure 29/XV outlines the methods to be used in longline fishing to reduce the incidental mortality of seabirds. It replaces previous measures on the same subject matter and was revised to define precisely the meaning of the terms nautical twilight and dawn.
Conservation Measure 63/XV regulates the use of plastic packaging bands to decrease the incidental mortality of seals caused by entanglement in these bands. It replaces a previous measure on the same subject matter and was revised to highlight the commencement of a prohibition on the use of such bands to secure bait boxes. Bands used for other purposes may be used if they can be burned in an on-board incinerator.
Conservation Measure 106/XV establishes a catch limit for the harvest of krill (Euphausia superba) in the CCAMLR Statistical Reporting Area, Division 58.4.1. This Division comprises a substantial area off the coast of the Australian Antarctic Territory.
Conservation Measures 109/XV, 110/XV and 111/XV establish catch limits and outline the conditions for harvesting Patagonian toothfish (Dissostichus eleginoides), Mackerel icefish (Champsocephalus gunnari) and other deep water species respectively in the CCAMLR Statistical Reporting Area, Division 58.5.2. The Territory of Heard Island and McDonald Islands is in this Division.
Conservation Measure 112/XV establishes general measures for new fisheries for toothfish species (Dissostichus) in the Convention area.
Conservation Measure 113/XV establishes a catch limit and outlines the conditions for harvesting Patagonian toothfish (Dissostichus eleginoides) and Antarctic toothfish (Dissostichus mawsont) in the CCAMLR Statistical Reporting Area, Division 58.4.3 of the CCAMLR area. The Division is south of the Territory of Heard Island and McDonald Islands.
Overview
The Antarctic Marine Living Resources Conservation Regulations (Amendment) 1997 No. 6 were enacted to address the need for updated conservation measures within the framework of the Antarctic Marine Living Resources Conservation Act 1981. This Act, established to implement the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR), was enacted to ensure the sustainable use of marine living resources in the Antarctic. The Regulations were introduced to incorporate additional conservation measures adopted by the Commission for CCAMLR since the original Regulations were made in 1994. The policy objective of these amendments is to incorporate new measures aimed at reducing incidental mortality of marine species, such as seabirds and seals, and to establish catch limits for various species to ensure the conservation and sustainable use of Antarctic marine living resources. The amendments were issued by the authority of the Minister for the Environment and came into effect upon gazettal.
Scope and Application
The Antarctic Marine Living Resources Conservation Regulations (Amendment) 1997 No. 6 applies to all persons and entities involved in activities related to Antarctic marine living resources within the CCAMLR Convention area, which includes the waters surrounding the Antarctic continent and the Southern Ocean. These regulations are designed to implement and enforce the conservation measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR). The scope of these measures includes the regulation of fishing activities, specifically setting catch limits for various species such as krill, Patagonian toothfish, and other deep-water species. The regulations also address the use of plastic packaging bands to prevent incidental mortality of seals caused by entanglement. The amendments to the original regulations incorporate new conservation measures adopted by the CCAMLR Commission since the initial regulations were made in 1994. The geographic reach of these regulations extends to the Antarctic Treaty area, including the Australian Antarctic Territory and the Territory of Heard Island and McDonald Islands, and are applicable to all activities conducted within the CCAMLR Statistical Reporting Areas, as specified in the amended Schedule. The regulations do not explicitly state any exclusions, exemptions, or thresholds, but they do allow for certain uses of plastic packaging bands if they can be burned on board an incinerator, indicating a regulatory exception under specific conditions.
Key Provisions
The Antarctic Marine Living Resources Conservation Regulations (Amendment) 1997 No. 6, under the Antarctic Marine Living Resources Conservation Act 1981, aims to update the regulations by incorporating new conservation measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR). Section 1 of the amending Regulations provides for the incorporation of these additional conservation measures into the existing Antarctic Marine Living Resources Conservation Regulations, which were originally made in 1994. The Schedule to these Regulations lists the new measures, including Conservation Measures 29/XV, 63/XV, 106/XV, 109/XV, 110/XV, 111/XV, 112/XV, and 113/XV, each addressing specific aspects of marine conservation, such as reducing seabird mortality during longline fishing, regulating plastic packaging bands to protect seals, and setting catch limits for various species.
The obligations imposed by these Regulations on parties involved in activities within the CCAMLR area are extensive. They require adherence to the newly incorporated conservation measures, which include specific fishing techniques to mitigate the incidental mortality of seabirds (Conservation Measure 29/XV), a prohibition on using plastic packaging bands to secure bait boxes, with an allowance for burning such bands in an on-board incinerator (Conservation Measure 63/XV), and adherence to established catch limits for krill and various fish species in specified areas (Conservation Measures 106/XV, 109/XV, 110/XV, 111/XV, 112/XV, and 113/XV). Compliance with these measures is essential to ensure sustainable fishing practices and protect the delicate Antarctic marine ecosystem.
Failure to comply with these Regulations can result in significant legal consequences. The Antarctic Marine Living Resources Conservation Act 1981 provides for both civil and criminal penalties for breaches. For civil penalties, the Act allows for fines that can be substantial, reflecting the seriousness of non-compliance with conservation measures. In criminal cases, individuals or entities found guilty of serious breaches can face penalties that may include imprisonment, depending on the severity and intent of the violation. The precise maximum penalties are not detailed in the explanatory statement, but they are intended to serve as a deterrent to non-compliance with the conservation measures aimed at protecting Antarctic marine life.