Explanatory Statement
Fisheries Management Act 1991
High Seas Fishery Temporary Order 2007
This Temporary Order is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 43 (1)(a)(i) of the Fisheries Management Act 1991 (the Management Act) provides for the Australian Fisheries Management Authority (the Authority) to make a Temporary Order to enable quick action to deal with (inter alia), circumstances where urgent action is required for purposes related to the management of a fishery.
Background
There are a number of high seas fishing permits currently held by Australian operators that provide access to waters under the mandate of regional fisheries organisations (RFMO’s) of which Australia is not a member or a co-operating non-member.
Background to Temporary Order
While there has been no fishing activity by Australian boats in these areas to date, the potential exists for this to occur. The purpose of the Temporary Order is to reinforce Australia’s obligations under the United Nations Convention on the Law of the Sea (UNCLOS).
Details of Temporary Order
To this end the Temporary Order prohibits all fishing by Australian flagged boats in those areas of the High Seas which are managed under RFMO’s to which Australia is not a member or a co-operating non-member.
Consultation
As a temporary order under section 43 of the Act enables quick action to be taken where urgent action is required, no consultation has taken place.
This Temporary Order will commence on the day after it is registered on the Federal Register of Legislative Instruments.