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 were enacted to address the need for updating the conservation measures governing the harvesting and research activities of marine organisms in the Antarctic region. This amendment to the existing regulations was issued under the authority of the Minister for the Environment and aligns with the objectives set forth in the Antarctic Marine Living Resources Conservation Act 1981. This Act implements the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) and mandates a permit system for activities related to the harvesting or research of specified marine organisms within the CCAMLR area. The Commission for CCAMLR plays a pivotal role in formulating and revising conservation measures to ensure the effective implementation of the Convention's objectives and principles. The Regulations (Amendment) specifically update the Schedule to incorporate additional conservation measures adopted by the Commission since the last amendment in 1997, ensuring the permit system reflects current conservation standards and practices.
Scope and Application
The Antarctic Marine Living Resources Conservation Regulations (Amendment) 1998 No. 40 pertains to the amendment of the existing regulations under the Antarctic Marine Living Resources Conservation Act 1981. This Act is designed to implement the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR), facilitating a permit system for the harvesting or research of specified marine organisms within the CCAMLR area. The Commission for CCAMLR plays a pivotal role in formulating and revising conservation measures to align with the Convention's objectives. The amending Regulations specifically incorporate additional conservation measures adopted by the Commission since the previous amendment in 1997, including the establishment of catch limits for various species, modifications to catch reporting requirements, and alterations to by-catch provisions. These Regulations are applicable to any person or entity involved in activities that require a permit under the Act, particularly those conducting harvesting or research on marine organisms in the CCAMLR area. The jurisdictional reach of these Regulations extends nationally, as the Act is a Commonwealth legislation. However, the Regulations do not explicitly state exclusions or thresholds, but they are subject to the broader provisions of the CCAMLR Convention and the Act itself. The application and enforcement of these Regulations may be further defined through subordinate instruments issued under the authority of the Minister for the Environment.
Key Provisions
The Antarctic Marine Living Resources Conservation Regulations (Amendment) 1998 No. 40 primarily serves to incorporate recent conservation measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) into the existing regulatory framework. These amendments are designed to align the regulations with updated conservation strategies and requirements, ensuring that activities within the CCAMLR area adhere to the most current standards and objectives (Regulation 2). Specifically, the Schedule of the Regulations is amended to include new and revised conservation measures, such as those relating to catch limits, reporting requirements, and by-catch regulations (Regulation 3).
These amendments impose obligations on parties involved in activities regulated by the Antarctic Marine Living Resources Conservation Act 1981. Those seeking to harvest or conduct research on marine organisms in the CCAMLR area must comply with the updated conservation measures, which include detailed specifications on fishing practices, reporting procedures, and data collection. For instance, the new measures require the presence of scientific observers, the use of Vessel Monitoring Systems (VMS), and detailed reporting of catch and effort data (Conservation Measures 130/XVI, 131/XVI, and 144/XVI). These measures are intended to ensure that activities do not adversely impact the marine ecosystem and support sustainable management practices.
Failure to comply with the conservation measures outlined in the amended regulations can result in significant consequences. The Act stipulates that permits cannot be granted for activities that contravene the conservation measures. Therefore, any person or entity found to be in breach of these provisions may face legal repercussions. While the exact penalties are not detailed within the amending regulations themselves, violations of the Act could lead to substantial fines or other penalties as prescribed by the primary legislation. The precise penalties would depend on the severity and nature of the breach, but they could include fines up to a significant monetary amount, reflecting the seriousness of non-compliance with conservation objectives in the Antarctic region.