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.
Overview
The Fish Receiver Permits Declaration 2007 is a legislative instrument issued by the Australian Fisheries Management Authority (AFMA) under the authority of the Fisheries Management Act 1991. This Declaration was enacted to address the need for a streamlined and updated regulatory framework for fish receiver permits in Commonwealth-managed fisheries. Specifically, the 2007 Declaration updates the previous 2006 version to include the Small Pelagic Fishery (SPF) among the fisheries requiring such permits. The primary objective of this legislative instrument is to ensure that individuals or entities receiving fish from commercial fishers in the specified fisheries hold the appropriate permits, thereby maintaining compliance with fisheries management regulations and promoting sustainable fishing practices. The declaration came into effect on 1 June 2007, replacing the earlier 2006 declaration and providing a comprehensive list of fisheries that require fish receiver permits.
Scope and Application
The Fish Receiver Permits Declaration 2007 applies to individuals and entities involved in the specified Commonwealth managed fisheries, specifically those engaged in 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. This legislation is applicable under the Fisheries Management Act 1991 and serves to mandate that those who receive fish from commercial fishers in these fisheries must hold a fish receiver permit. The declaration is effective from 1 June 2007 and operates within the jurisdiction of the Commonwealth of Australia. The Fish Receiver Permits Declaration 2007 replaces the Fish Receiver Permits Declaration 2006, with the primary change being the inclusion of the Small Pelagic Fishery. The Australian Fisheries Management Authority (AFMA) has assessed that the impact on business will be low, as the number of new permit applicants is expected to be minimal, and the associated compliance costs are anticipated to be manageable. The declaration outlines the necessary procedures for obtaining permits, including the payment of applicable fees and the maintenance of required records and reporting obligations.
Key Provisions
The Fish Receiver Permits Declaration 2007 (F2007L01461) establishes the fisheries for which fish receiver permits are required, pursuant to section 91(1) of the Fisheries Management Act 1991 (FM Act). Specifically, the declaration applies to 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 (paragraph 4). A fish receiver permit, as defined under section 91(2) of the FM Act, authorises an individual to receive fish from a person engaged in commercial fishing within these specified fisheries. The declaration also revokes the Fish Receiver Permits Declaration 2006, indicating that the 2007 declaration is the current governing instrument in this area (paragraph 5).
Entities and individuals who wish to receive fish from commercial fishers within the specified fisheries must apply for and hold a valid fish receiver permit. The Australian Fisheries Management Authority (AFMA) is responsible for granting these permits upon application and in accordance with the provisions of section 91 of the FM Act. In addition to the permit requirement, permit holders must keep records and submit reports to AFMA as stipulated by the FM Act, ensuring compliance with the regulatory framework governing fish trade within these fisheries.
Failure to comply with the requirements of the Fish Receiver Permits Declaration 2007 may result in civil or criminal penalties. While specific penalties are not detailed within the text, breaches of the FM Act, including unauthorised receipt of fish, could lead to substantial fines and potential legal action. The exact penalties would depend on the nature and severity of the breach, as well as any applicable statutory provisions.
Overall, the Fish Receiver Permits Declaration 2007 aims to regulate the receipt of fish from commercial fishers in specified Commonwealth fisheries, ensuring compliance with the FM Act through the permit system. The declaration includes provisions for the application, record-keeping, and reporting obligations for permit holders, while also outlining the consequences for non-compliance. The declaration is designed to maintain order and sustainability within the fisheries it governs, reflecting AFMA's commitment to effective fisheries management.