Eastern Tuna and Billfish Fishery Management Plan 2005 - Revocation

Overview

The Eastern Tuna and Billfish Fishery Management Plan 2005 Revocation Instrument (F2011L00118) was enacted in 2011 to address the need for transitioning from an input controlled system to an output controlled system in the management of the Eastern Tuna and Billfish Fishery. The Australian Fisheries Management Authority (AFMA), under the authority conferred by the Fisheries Management Act 1991, revoked the existing management plan to implement the new Eastern Tuna and Billfish Fishery Management Plan 2010. This change aligns with the government's policy of using output controls, specifically individual transferable quotas, to manage Commonwealth fisheries by 2010. The enactment of this legislation followed consultations with stakeholders and considered representations made to AFMA, as required by the Fisheries Management Act 1991. The Minister for Agriculture, Fisheries and Forestry accepted the revocation on 10 January 2011, finalising the transition to the new management plan.

Scope and Application

The revocation of the Eastern Tuna and Billfish Fishery Management Plan 2005, as outlined in F2011L00118, applies to the Eastern Tuna and Billfish Fishery, which encompasses the Australian Fishing Zone (AFZ) east of Cape York in Queensland to the South Australia/Victoria border, including the waters adjacent to Norfolk Island and high seas areas governed by the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean. This area extends to 200 nautical miles from the coastlines, aligning with the Exclusive Economic Zone. The Act directly impacts entities and individuals engaged in fishing activities within this region, particularly those who held statutory fishing rights (SFRs) under the revoked plan. The Australian Fisheries Management Authority (AFMA) is responsible for determining the management plans for fisheries, and in this instance, has transitioned from an input-controlled system to an output-controlled system through the revocation of the 2005 Plan and the implementation of the 2010 Plan. This change aligns with the Ministerial Direction of December 2005, which mandated the use of output controls like individual transferable quotas by 2010. The revocation process involved consultations with relevant fishing stakeholders and consideration of public representations, as stipulated by the Fisheries Management Act 1991. The revoked Plan is superseded by the new Plan, which will dictate the allocation of quota-based SFRs, translating the previous hook-based rights to a quota system in line with government policy.

Key Provisions

The primary sections of the legislation, F2011L00118, pertain to the revocation of the Eastern Tuna and Billfish Fishery Management Plan 2005 (ETBF Plan 2005) and the determination of the Eastern Tuna and Billfish Fishery Management Plan 2010 (ETBF Plan 2010). Section 20(3) of the Fisheries Management Act 1991 (the Act) allows the Australian Fisheries Management Authority (AFMA) to revoke a plan of management, which is exactly what has occurred here. Section 17 of the Act mandates that any new management plan can only be determined after appropriate consultation with relevant stakeholders and consideration of any representations received. This process was followed in the case of the ETBF Plan 2010, which was determined on 20 December 2010 and subsequently accepted by the Minister on 10 January 2011. Under the Act, AFMA has specific obligations to consult with stakeholders engaged in fishing and consider any representations made on the new management plan. AFMA was required to consult on the revocation of the previous Plan in conjunction with its consultation on the new Plan, as stipulated by section 17. The Office of Best Practice Regulation (OBPR) advised that no further analysis in the form of a Regulation Impact Statement was necessary. Following this consultation, AFMA submitted the revocation of the ETBF Plan 2005 to the Minister, who accepted the revocation on 10 January 2011, as required by section 18. Notification of this determination and acceptance was published in the Gazette in accordance with section 19. Additionally, the legislation outlines the statutory fishing rights (SFR) options for those who held SFRs under the ETBF Plan 2005. After the revocation of the previous Plan and the determination of the new Plan come into force, AFMA will determine the SFRs each option holder is entitled to under the new Plan, as specified in section 31C of the Act. The two classes of SFRs are longline SFRs and minor line SFRs, and each person who held SFRs of a particular class under the previous Plan will hold an SFR option in respect of fishing rights of that class. In terms of penalties and consequences, the legislation does not explicitly outline any specific offences or penalties for breach of the provisions contained within it. However, it is important to note that failure to comply with the requirements of the Fisheries Management Act 1991, including the revocation of the ETBF Plan 2005 and the determination of the ETBF Plan 2010, could potentially lead to civil or criminal consequences. These may include fines, imprisonment, or other penalties as determined by the relevant courts or authorities. The maximum penalties for offences under the Fisheries Management Act 1991 can vary depending on the specific offence and jurisdiction, but can include substantial fines and/or imprisonment for serious or repeated offences.