Final (Small Pelagic Fishery) Declaration (No. 2) 2013

Overview

The Final (Small Pelagic Fishery) Declaration (No.2) 2013 was enacted to address specific issues within the small pelagic fishery, particularly focusing on mid-water trawl fishing methods and processing activities. The declaration was made under the authority of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and signed by Tony Burke, the Minister for Sustainability, Environment, Water, Population and Communities. The policy objective behind this declaration is to regulate and monitor the commercial fishing activities within the specified fishery to ensure sustainable practices and protect biodiversity. This measure aims to balance the economic interests of the fishing industry with the need for environmental conservation, ensuring that the activities do not adversely affect the ecosystem. The declaration remains in force until the earliest of the specified conditions are met, including the publication of a relevant expert panel report or until April 24, 2015.

Scope and Application

The Final (Small Pelagic Fishery) Declaration (No.2) 2013 applies to commercial fishing activities within the Small Pelagic Fishery, specifically those utilising the mid-water trawl method and specified vessels with a storage capacity for fish or fish products of 1,600 tonnes or greater. This declaration, made under section 390SF of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), is in force from the date of registration in the Federal Register of Legislative Instruments until the earlier of the publication of the expert panel's report on the Department's website, midnight on 24 April 2015, or the revocation of the declaration. The geographical scope of the Act is national, extending across Australia as a Commonwealth legislation. Any exclusions, exemptions, or thresholds are not specified in the declaration itself but would typically be detailed in related management plans and subordinate instruments.

Key Provisions

The main operative sections of the Final (Small Pelagic Fishery) Declaration (No.2) 2013 outline the specific commercial fishing activities that are subject to the declaration under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Section 4(a) declares that mid-water trawl activities within the Small Pelagic Fishery using a specified vessel are considered declared commercial fishing activities. Section 4(b) similarly declares that any commercial fishing activity within the Small Pelagic Fishery involving the processing of quota species using a specified vessel is also a declared commercial fishing activity. These sections impose obligations on the parties involved in these declared commercial fishing activities. Specifically, they must comply with the terms of the declaration and any relevant regulations or guidelines set out under the EPBC Act and the Small Pelagic Fishery Management Plan 2009. This includes adhering to the methods, vessels, and species specified in the declaration, as well as ensuring that any processing of quota species is done in accordance with the declared parameters. The Act provides for potential consequences in the event of a breach of its provisions. While the specific offences, penalties, or civil/criminal consequences are not detailed within the text of the declaration itself, breaches of the EPBC Act generally can lead to substantial penalties. Under section 528 of the Act, for instance, a person can be fined up to AUD 66,000 for an individual offence and AUD 330,000 for a corporate offence. Additionally, breaches of fishing regulations can result in the suspension or cancellation of fishing licences and other enforcement actions as deemed necessary by the relevant authorities.