Fish Receiver Permits Declaration 2017

Overview

The Fish Receiver Permits Declaration 2017 was enacted to address the need for continuity in the management arrangements of fish receiver permits following the expiration of the Fish Receiver Permits Declaration 2007. This legislative instrument was introduced under the Fisheries Management Act 1991 and is governed by the Australian Fisheries Management Authority (AFMA). The primary objective of the Declaration is to facilitate the granting of fish receiver permits for specified Commonwealth fisheries, ensuring compliance with reporting and record-keeping requirements. The Declaration came into effect the day after its registration on the Federal Register of Legislation and is set to be repealed on 1 July 2026 unless revoked earlier. It specifies the fisheries requiring fish receiver permits and discontinues the requirement for the South Tasman Rise Fishery. AFMA has assessed that the costs associated with compliance will be minimal and that the instrument is compatible with human rights.

Scope and Application

The Fish Receiver Permits Declaration 2017 applies to any person or entity seeking to receive fish from commercial fishing activities within specified Commonwealth managed fisheries. The specified fisheries include the Bass Strait Central Zone Scallop Fishery, Coral Sea Fishery, Eastern Tuna and Billfish Fishery, Norfolk Island Offshore Demersal Finfish Fishery, Small Pelagic Fishery, Southern and Eastern Scalefish and Shark Fishery, Southern Bluefin Tuna Fishery, Southern Squid Jig Fishery, and Western Tuna and Billfish Fishery. This Declaration is applicable on a national level as it pertains to Commonwealth waters, thus affecting fisheries management across Australia. It does not include the South Tasman Rise Fishery, which has been removed from the scope of the 2007 Declaration it replaces. The Fish Receiver Permits Declaration 2017 will remain in effect until it is repealed on 1 July 2026 unless earlier revoked, and it continues the management arrangements previously set out in the Fish Receiver Permits Declaration 2007. The Declaration allows for the issuance of fish receiver permits upon application, with permit holders required to maintain records and report to the Australian Fisheries Management Authority. As it is considered a minor, machinery-in-nature change, no consultation with industry stakeholders was conducted, and a Regulatory Impact Statement was deemed unnecessary by the Office of Best Practice Regulation.

Key Provisions

The Fish Receiver Permits Declaration 2017 (the Declaration) outlines the fisheries for which a Fish Receiver Permit is required, as per section 91(1) of the Fisheries Management Act 1991 (FM Act). This Declaration specifies the Commonwealth fisheries where a permit is necessary for receiving fish from commercial fishers (Section 1). These include the Bass Strait Central Zone Scallop Fishery, Coral Sea Fishery, Eastern Tuna and Billfish Fishery, Norfolk Island Offshore Demersal Finfish Fishery, Small Pelagic Fishery, Southern and Eastern Scalefish and Shark Fishery, Southern Bluefin Tuna Fishery, Southern Squid Jig Fishery, and Western Tuna and Billfish Fishery. The Declaration comes into effect the day after it is registered on the Federal Register of Legislation (Section 2), and it will remain in force until 1 July 2026 unless it is revoked earlier (Section 3). It revokes the previous Fish Receiver Permits Declaration 2007 (Section 6). The Declaration imposes several obligations on permit holders. They must adhere to the specific conditions outlined in their permits and maintain accurate records of fish received from commercial fishers. These records must be submitted to the Australian Fisheries Management Authority (AFMA) as required (Section 4). Additionally, permit holders must comply with any other conditions stipulated in their permits, ensuring that their operations align with the regulatory framework established by the FM Act. Failure to comply with the provisions of the Fish Receiver Permits Declaration 2017 can result in civil and criminal consequences. Breaches of the conditions in the permits or non-compliance with reporting obligations can lead to penalties. Although the specific penalties are not detailed in the explanatory statement, breaches of fishing regulations typically result in fines and potential legal action under the FM Act. The severity of the penalties may depend on the nature and extent of the breach, with potential for escalating fines and other sanctions for repeated or serious violations.