Antarctic Marine Living Resources Conservation Regulations (Amendment) 1998 No. 40
EXPLANATORY STATEMENT
STATUTORY RULES 1998 NO. 40
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) and provides for a permit system in respect to harvesting or carrying out research into specified marine organisms in the CCAMLR area. The Commission for CAMLR is responsible for giving effect to the objective and principles of the Convention and to this end it formulates, adopts and revises conservation measures. The Antarctic Marine Living Resources Conservation Regulations (the Regulations) prescribe that permits under section 9 of the Act must not be granted to allow activities contrary to the conservation measures.
The amending Regulations provide for the revision of the existing Schedule to include additional conservation measures adopted by the Commission since the Regulations were last amended in 1997, such as establishing the catch limit for various species, the alteration of catch reporting requirements and a change to by-catch requirements.
The proposed Regulations commence on gazettal.
Details of the Regulations are as follows:
Regulation 2 - 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 3 - 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. The opportunity will be taken to re-structure the Schedule to allow easier reference to existing conservation measures and facilitate future amendment of the Schedule. Details of these changes are as follows:
Conservation Measure 29/XVI involves a minor amendment, as an addition to Conservation Measure 29/XV, which sets out line weights using the Spanish method of long lining.
Conservation Measure 130/XVI revises and replaces Conservation Measure 110/XV and sets out restrictions for a mackerel icefish fishery in Division 58.5.2 which surrounds Heard Island and McDonald Islands. Provision for scientific observers, the use of Vessel Monitoring Systems (VMS), and catch and effort and biological data reporting have been incorporated in the measure.
Conservation Measure 131/XVI revises and replaces Conservation Measure 109/XV and sets out restrictions for a Patagonian toothfish fishery in Division 58.5.2. Provisions for scientific observers, the use of VMS, and catch and effort and biological data reporting have been incorporated into the measure together with modified by-catch requirements.
Conservation Measure 132/XVI is a new measure that sets out total by-catch limits, in Division 58.5.2, for some fish species whose population could be significantly affected by directed fisheries for other species.
Conservation Measure e 133/XVI revises and replaces Conservation Measure 112/XV and applies to all fisheries which involve longlining for toothfish species. It sets out restrictions to longline fisheries only and will therefore not apply to Australian vessels that are restricted to trawling for toothfish.
Conservation Measure 144/XVI revises and replaces in part Conservation Measure 113/XV and regulates the exploratory fishery for toothfish carried out by Australian flagged vessels in Division 58.4.3 south of Heard Island. The Conservation measure sets out conditions for the collection of research survey and fisheries management data on the Elan and Banzarre Banks.
Overview
The Antarctic Marine Living Resources Conservation Regulations (Amendment) 1998 No. 40, issued by the authority of the Minister for the Environment, serves to amend the Antarctic Marine Living Resources Conservation Regulations under the Antarctic Marine Living Resources Conservation Act 1981. This Act implements the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) and establishes a permit system for activities related to harvesting or research concerning specified marine organisms within the CCAMLR area. The purpose of the amendments is to incorporate additional conservation measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources since the last amendment in 1997. These measures include catch limits for various species, modifications to catch reporting requirements, and adjustments to by-catch requirements. The amendments aim to align the existing regulations with the updated conservation measures to ensure effective implementation and enforcement of the conservation objectives within the Antarctic region.
The enacting body for these regulations is the Parliament of Australia, with the amendments proposed and issued by the Minister for the Environment. The policy objective is to ensure that the Australian regulations are consistent with the international conservation measures adopted by the CCAMLR Commission, thereby contributing to the sustainable management and conservation of Antarctic marine living resources. The proposed Regulations are set to commence upon gazettal, ensuring timely incorporation of the new conservation measures into the regulatory framework governing activities in the Antarctic marine environment.
Scope and Application
The Antarctic Marine Living Resources Conservation Regulations (Amendment) 1998 No. 40 applies to entities and persons involved in activities such as harvesting or conducting research into specified marine organisms within the CCAMLR area. The Act implements the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) and provides for a permit system that is subject to conservation measures established by the Commission for the Conservation of Antarctic Marine Living Resources. These regulations amend the existing Antarctic Marine Living Resources Conservation Regulations to incorporate additional conservation measures adopted by the Commission since the previous amendment in 1997. The jurisdictional reach of the Act is Commonwealth, given that it is an Australian regulation designed to give effect to international conservation measures in a designated marine area. There are no stated exclusions or exemptions in the provided text, although the application of the regulations is inherently subject to the conservation measures outlined in the Schedule, which is amended to reflect recent changes. The amending regulations provide for the revision of the existing Schedule to include additional conservation measures adopted by the Commission, such as catch limits for various species, alterations to catch reporting requirements, and changes to by-catch requirements. These Regulations commence on gazettal, and the details are incorporated as part of the principal Regulations.
Key Provisions
The Antarctic Marine Living Resources Conservation Regulations (Amendment) 1998 No. 40, issued under the authority of the Minister for the Environment, revises the existing regulations to align with new conservation measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR). Regulation 2 indicates that these amendments are intended to incorporate additional conservation measures that have been adopted since the original Regulations were established. Regulation 3 details the amendment of the Schedule, which includes these updated conservation measures.
These Regulations impose specific obligations on parties involved in activities related to the harvesting or research of marine organisms in the CCAMLR area. The primary requirement is that permits under section 9 of the Act must not allow activities that contravene the conservation measures prescribed in the amended Schedule. This means that any person or entity seeking to engage in activities covered by the Act must ensure their actions comply with the updated conservation measures. This includes adhering to catch limits, reporting requirements, and other stipulations regarding scientific observers and data collection. The Regulations mandate the use of Vessel Monitoring Systems (VMS) and require the reporting of catch and effort, as well as biological data, for certain fisheries.
Failure to comply with the provisions of the Act and these Regulations can lead to significant legal consequences. Although the specific offences, penalties, or consequences are not detailed in the explanatory statement, it is reasonable to infer that breaches could result in the revocation of permits, fines, or other penalties as stipulated by the Act. Given the stringent nature of conservation laws, non-compliance could also attract criminal charges, leading to imprisonment or substantial fines, depending on the severity and frequency of the breaches. The detailed penalties would be found in the principal Act itself, which provides for enforcement mechanisms to ensure adherence to the conservation measures.
The incorporation of these new conservation measures is intended to enhance the protection of Antarctic marine living resources, reflecting the ongoing commitment to sustainable management and conservation efforts in the region. By updating the Schedule, the Regulations aim to provide clearer and more accessible guidelines for those involved in Antarctic marine activities, ensuring that conservation objectives are effectively met.