EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Fish Receiver Permits Declaration 2007
The Fish Receiver Permits Declaration 2007 (the Declaration) is a legislative instrument for the purposes of the Legislative Instruments Act 2003. The Declaration replaces the Fish Receiver Permits Declaration 2006.
Subsection 91 (1) of the Fisheries Management Act 1991 (the FM Act) provides that AFMA may, by notice published in the Gazette, declare a specified fishery to be a fishery to which fish receiver permits apply.
A fish receiver permit authorises the holder to receive fish from a person engaged in commercial fishing in fisheries specified in a declaration under section 91(1) of the FM Act. Fish receiver permits are granted on application in accordance with section 91 of the FM Act.
This declaration will allow fish receiver permits to be granted on application for the following Commonwealth managed fisheries: 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, South Tasman Rise Fishery and Western Tuna and Billfish Fishery.
The purpose of replacing the Fish Receiver Permits Declaration 2006 with this declaration is to include the Small Pelagic Fishery (the SPF) in the declaration in force under s. 91(1) of the FM Act.
AFMA assesses that the inclusion of the SPF in the declaration in force under s. 91(1) will have a low impact on business. The declaration will require persons who receive fish from commercial fishers in the SPF to hold a permit authorising them to do so (s. 91(2) of the FM Act). An application fee will be payable by those persons who do not already hold a fish receiver permit in order for them to receive a permit. AFMA records indicate that the number of such people is likely to be low.
Fish receiver permits also require the holder to keep records and undertake reporting to AFMA. AMFA assesses that the costs of complying with this requirement will be low.
The Fish Receiver Permits Declaration 2007 commences on 1 June 2007.
Details of the declaration are set out below:
Paragraph 1
Paragraph 1 provides for the name of the declaration to be the Fish Receiver Permits Declaration 2007.
Paragraph 2
Paragraph 2 provides that the declaration commences on 1 June 2007.
Paragraph 3
Paragraph 3 provides for the definition of terms in the declaration.
Paragraph 4
Paragraph 4 lists the Commonwealth fisheries which are the subject of the declaration.
Paragraph 5
Paragraph 5 revokes the Fish Receiver Permits Declaration 2006.