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.
Overview
The Fisheries Management Act 1991 was enacted to provide a comprehensive framework for the management of fisheries in Australian waters, including the high seas. The High Seas Fishery Temporary Order 2007, introduced under this Act, addresses a specific problem: the potential for Australian fishing vessels to operate in high seas areas managed by regional fisheries management organisations (RFMOs) of which Australia is not a member or a cooperating non-member. The enactment of this Temporary Order by the Australian Fisheries Management Authority was prompted by the need to ensure compliance with Australia's obligations under the United Nations Convention on the Law of the Sea (UNCLOS). The policy objective of the Temporary Order is to prevent any fishing activities by Australian vessels in these high seas areas until appropriate measures are in place, thereby reinforcing Australia's international commitments and maintaining the integrity of regional fisheries management efforts.
Scope and Application
The Fisheries Management Act 1991 High Seas Fishery Temporary Order 2007 applies to Australian flagged fishing boats and operators that may engage in fishing activities in high seas areas managed by regional fisheries organisations (RFMOs) to which Australia is not a member or a cooperating non-member. The scope of the Act encompasses the prohibition of such fishing activities to ensure compliance with Australia's obligations under the United Nations Convention on the Law of the Sea (UNCLOS). This Temporary Order is a legislative instrument created under the Legislative Instruments Act 2003 to allow for swift action in situations requiring urgent measures related to the management of fisheries, particularly in high seas areas where Australia may have limited membership or cooperation with the relevant RFMOs. The Temporary Order extends its jurisdiction to all waters of the high seas managed by RFMOs outside Australia's membership or cooperating status, effectively preventing Australian fishing vessels from participating in activities within these areas until further notice. While no fishing activity has occurred to date in these regions, the Order aims to preemptively reinforce Australia's international commitments. The Order will come into effect the day after it is registered on the Federal Register of Legislative Instruments, and it does not include any consultation process due to the urgency of the situation it addresses.
Key Provisions
The High Seas Fishery Temporary Order 2007 (F2007L00586) under the Fisheries Management Act 1991 provides several key provisions to manage Australian fishing activities on the high seas. The primary operative section, 43(1)(a)(i), empowers the Australian Fisheries Management Authority to enact this temporary order to address urgent management needs (section 43(1)(a)(i)). This order specifically prohibits Australian flagged boats from fishing in areas of the high seas managed by regional fisheries organisations (RFMOs) where Australia is not a member or a cooperating non-member. This prohibition is designed to ensure compliance with Australia's international obligations under the United Nations Convention on the Law of the Sea (UNCLOS).
The obligations imposed by this temporary order are clear and stringent. Australian operators holding high seas fishing permits must refrain from any fishing activities in the specified high seas areas managed by RFMOs to which Australia is not affiliated. This requirement ensures that Australian fishing practices do not conflict with international management frameworks and obligations. Additionally, this order is intended to prevent any potential fishing activities that could occur in these regions, thus reinforcing Australia's commitment to international law and cooperation in fisheries management.
Breaching the provisions of this temporary order can result in serious consequences. While the explanatory statement does not explicitly detail the penalties, it is reasonable to infer that violations could lead to civil or criminal sanctions under the Fisheries Management Act 1991. Given the nature of such breaches, they might be considered significant infringements, potentially resulting in substantial fines or other punitive measures. The exact penalties would be determined by the courts, taking into account the severity and intent behind the violation. This temporary order underscores the importance of adhering to international maritime laws and the repercussions of non-compliance.