Fisheries Legislation (Management Plans) Amendment 2013 (No. 1)

Administered by Department of Agriculture

Legislation au F2014L00457 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Fisheries Legislation (Management Plans) Amendment 2013 (No. 1)

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry

Fisheries Management Act 1991

 

Subsection 17(1) of the Fisheries Management Act 1991 (the Act) provides that the Australian Fisheries Management Authority (AFMA) is to determine plans of management for all fisheries.

Subsection 20(1) of the Act provides that AFMA may at any time amend a plan of management.

 

AFMA has determined the Fisheries Legislation (Management Plans) Amendment 2013 (No. 1) (the Plan Amendment) to amend the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the BSCZSF Plan) and the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (the SESSF Plan).

The Plan Amendment is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Need for Amendments

 

The BSCZSF Plan and the SESSF Plan provides for ‘take home’ packs for concession holders and/or their crew.  Provisions allow for the retention of up to 10 kilograms of quota species per trip which is not decremented from the concession holder’s quota holdings. 

 

Allowing for the take of quota species for private or domestic use in addition to the take which is decremented from quota holdings creates a compliance problem as it allows for an unverified amount of fish to leave ports and is often poorly documented in fishing records.

 

Removing these allowances from management plans will enable a higher level of traceability for all catches in Commonwealth fisheries. This will in turn increase the effectiveness of AFMA compliance by removing the ambiguities surrounding the declaration of retained quota species on-board a fishing boat.

 

In early 2012, AFMA publically consulted on a draft Quota Administration Policy which proposed the removal of allowances for personal or domestic use together with a number of other quota arrangements.

 

The Plan Amendment will give effect to the Quota Administration Policy by removing provisions from the BSCZSF Plan and SESSF Plan authorising the retention of quota species for private or domestic use.

 

 

Consultation

Section 17 of the Act requires that before determining a plan of management for a fishery (or an amendment) AFMA must prepare a draft of the plan and publish it by public notice.  The notice must invite interested persons to make representations in connection to the draft plan. 

The draft amendments were released for public comment in April 2013. To inform the community, AFMA placed notices in The Australian newspaper, in the Commonwealth of Australia Gazette and in AFMA’s fortnightly newsletter, AFMA Update. AFMA also wrote to all those on a register of persons interested in the development of management plans.

Two submissions were received which were replied to by AFMA and forwarded to the AFMA Commission before determination of the Plan Amendment.

 

Regulation Impact Statement

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this legislative instrument (ID: 14816).

Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

AFMA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached as a supporting document. 

 

Details of the Plan Amendment are set out below:

Part 1 provides for the Plan Amendment to be known as the Fisheries Legislation (Management Plans) Amendment 2013 (No. 1).

Part 2 provides that the Plan Amendment commences on the day after it is registered.

Part 3 provides that the Bass Strait Central Zone Scallop Fishery Management Plan 2002 is to be amended in accordance with Schedule 1.

Part 4 provides that the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 is to be amended in accordance with Schedule 2.

Schedule 1 Item 1 substitutes subsection 12(4) in the BSCZSF Plan which relates to scallops taken under a scientific permit.

 

Schedule 1 Item omits subsection 12(5) from the BSCZSF Plan which provides for the retention of an amount of scallops for private or domestic use.

 

Schedule 2 Item 1 omits subsection 20(4) from the SESSF Plan which provides that fish of a quota species taken for a person’s private or domestic use are not included as part of the amount of fish taken under subsection 20(3).

 

Schedule 2 Item 2 omits subsection 20(5) from the SESSF Plan which provides for the retention of an amount of quota species for the person’s private or domestic use. 

 

Schedule 2 Item 3 omits the words ‘and (4),’ from subsection 21(3) of the SESSF Plan as a result of Item 1.

 

  

 

 

 

Overview

The Fisheries Legislation (Management Plans) Amendment 2013 (No. 1) was enacted to address compliance issues arising from the retention of quota species for private or domestic use by concession holders in the Bass Strait Central Zone Scallop Fishery and the Southern and Eastern Scalefish and Shark Fishery. This legislative amendment was introduced by the Australian Fisheries Management Authority (AFMA) under the authority of the Fisheries Management Act 1991. The primary policy objective of the amendment was to increase traceability and improve compliance by removing allowances for the personal retention of quota species, thereby addressing the ambiguity and unverified documentation associated with such practices. AFMA consulted the public on this issue in early 2012, releasing draft amendments for public comment in April 2013, and subsequently made minor adjustments based on feedback received. The amendment was determined to not require a Regulation Impact Statement and was deemed compatible with human rights.

Scope and Application

The Fisheries Legislation (Management Plans) Amendment 2013 (No. 1) pertains to the amendment of the Bass Strait Central Zone Scallop Fishery Management Plan 2002 and the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. This legislative instrument applies to concession holders and their crew who operate within the Commonwealth fisheries covered by these management plans. The primary aim of the amendments is to remove the allowances for the retention of quota species for private or domestic use, enhancing the traceability and compliance within these fisheries. The amendment ensures that all catches are accounted for and documented, thereby increasing the effectiveness of the Australian Fisheries Management Authority’s compliance measures. The legislative changes commence on the day following registration and are part of a broader Quota Administration Policy proposed by AFMA in 2012. The amendment does not specify any exclusions, exemptions, or thresholds, and its application is confined to the Commonwealth jurisdiction, ensuring a uniform approach to fisheries management across relevant areas.

Key Provisions

The Fisheries Legislation (Management Plans) Amendment 2013 (No. 1) (Plan Amendment) is a legislative instrument that amends two existing fishery management plans. Specifically, the Plan Amendment removes certain allowances from the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (BSCZSF Plan) and the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (SESSF Plan) that allowed concession holders and their crew to retain quota species for private or domestic use. These allowances were not decremented from the concession holder's quota holdings, leading to compliance issues and reduced traceability of catches in Commonwealth fisheries (subsections 12(5) of the BSCZSF Plan and subsections 20(4) and 20(5) of the SESSF Plan). By removing these allowances, the Plan Amendment aims to increase compliance and traceability, thereby improving the effectiveness of the Australian Fisheries Management Authority's (AFMA) compliance efforts. The Plan Amendment imposes obligations on AFMA to ensure the amendment of the specified management plans in accordance with the changes outlined in Schedules 1 and 2. This includes the formal process of drafting, public consultation, and final determination of the Plan Amendment, as mandated by subsection 17(1) of the Fisheries Management Act 1991 (the Act). AFMA must prepare a draft of the Plan Amendment, publish it by public notice, and invite interested persons to make representations in connection to the draft. The draft amendments were released for public comment in April 2013, with notices placed in The Australian newspaper, the Commonwealth of Australia Gazette, and AFMA's fortnightly newsletter, AFMA Update. Two submissions were received, responded to by AFMA, and forwarded to the AFMA Commission before final determination. The Plan Amendment includes provisions that carry legal consequences for non-compliance. Specifically, failure to adhere to the amended management plans could lead to civil or criminal penalties, although the exact penalties are not specified within the text of the Plan Amendment. The removal of the allowances for private or domestic retention of quota species is intended to streamline compliance and traceability processes, ensuring that all catches are properly accounted for and reducing the potential for unverified fish to leave ports. By enforcing these changes, AFMA aims to uphold the integrity of the fisheries management system and promote sustainable fishing practices. In summary, the Fisheries Legislation (Management Plans) Amendment 2013 (No. 1) seeks to enhance compliance and traceability within the Bass Strait Central Zone Scallop Fishery and the Southern and Eastern Scalefish and Shark Fishery by removing allowances for private or domestic retention of quota species. AFMA is responsible for implementing these changes in accordance with the Act, and while the specific penalties for non-compliance are not detailed in the Plan Amendment, the intent is to ensure stricter adherence to quota regulations and promote sustainable fisheries management.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.