Fisheries Management Amendment Regulations 2000 (No. 1) 2000 No. 56
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 56
Issued by the authority of the Minister for Agriculture, Fisheries & Forestry
Fisheries Management Act 1991
Fisheries Management Amendment Regulations 2000 (No. 1)
Subsection 168(1) of the Fisheries Management Act 1991 (the Act) empowers the Governor-General to make regulations required or permitted by the Act to be prescribed and regulations necessary or convenient to be prescribed in carrying out or giving effect to the Act.
Section 4(1) of the Act defines a fishery as a class of activities by way of fishing, including activities identified by reference to amongst other things, an area of waters. Paragraph 4(4)(a) of the Act provides that for the purposes of the Act, in relation to a fishery or a managed fishery that is identified by reference to an area, a reference to activities in the fishery or in the managed fishery includes activities in that area. Section 32(1) of the Act provides that the Australian Fisheries Management Authority (AFMA) may, upon application made in the approved form grant to a person a fishing permit, authorising the use of a boat for fishing in a specified area of the AFZ or a specified fishery.
Paragraph 168(2)(p) of the Act provides that regulations may be made prescribing short methods of reference to areas of the Australian Fishing Zone (AFZ) specified in the regulations and the purposes for which those methods of reference may be used.
The Fisheries Management Regulations (the principal Regulations) prescribe matters in support of the Act, including short methods of reference to fisheries managed by AFMA, and the setting of application fees. The purpose of the Fisheries Management Amendment Regulations (the Regulations) is to amend the principal Regulations to describe an additional fishery.
The East Coast Deepwater Zone Fishery (the ECDZ Fishery) is an additional zone to which access will be given to some South East Trawl Fishery operators. Since a period of exploratory fishing in the early 1990s when the area was managed as a separate fishery, there has been no activity in the proposed zone for approximately five years. Recently there has been renewed interest in the area by operators who also fish the deepwater areas of the South East Trawl Fishery. New arrangements have been developed for the area in consultation with all stakeholders to enable access by some current South East Trawl Fishery operators and the zone will possibly be included as part of the South East Trawl Fishery in the future. A description of the ECDZ Fishery has been added to the principal Regulations to allow for permits to be granted in respect of the area while it is being developed.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides that the Regulations are named the Fisheries Management Amendment Regulations 2000 (No. 1).
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the principal Regulations.
Schedule 1 Item 1 inserts a reference to the East Coast Deepwater Zone Fishery into Regulation 4B which lists those fisheries management by AFMA in addition to those managed under a Management Plan.
Schedule 1 Item 2 inserts a description of the East Coast Deepwater Zone Fishery into Schedule 1A of the principal Regulations.
Overview
The Fisheries Management Amendment Regulations 2000 (No. 1) were enacted to amend the Fisheries Management Regulations 1992, which support the Fisheries Management Act 1991. The objective of these amendments is to introduce a new fishery, the East Coast Deepwater Zone Fishery, thereby providing clarity and governance for activities in this previously inactive zone. This amendment was made in response to renewed interest from operators and to facilitate development in this area. The regulations were issued under the authority of the Minister for Agriculture, Fisheries & Forestry, ensuring they align with the objectives of the Fisheries Management Act 1991, which seeks to manage fisheries in a sustainable and efficient manner. The inclusion of the ECDZ Fishery into the principal regulations allows for the issuing of permits and the regulation of fishing activities in this zone, thereby ensuring that it is managed in a manner consistent with broader fisheries management objectives.
Scope and Application
The Fisheries Management Amendment Regulations 2000 (No. 1) amends the principal Fisheries Management Regulations to incorporate the East Coast Deepwater Zone Fishery. This Act applies to fisheries managed by the Australian Fisheries Management Authority (AFMA), specifically targeting the activities within the East Coast Deepwater Zone Fishery. The Regulations are made under the authority of the Fisheries Management Act 1991 and aim to update the principal Regulations to describe this additional fishery. The inclusion of the ECDZ Fishery allows for the issuance of permits for fishing activities in this newly described zone. The Regulations apply nationally within the Commonwealth and pertain to any person or entity seeking to engage in fishing activities within the specified areas of the Australian Fishing Zone. There are no stated exclusions, exemptions, or thresholds specified in these Regulations, but they are designed to facilitate the management and regulation of fishing activities within the ECDZ Fishery by providing a clear legal framework for permit applications and operations within this area.
Key Provisions
The Fisheries Management Amendment Regulations 2000 (No. 1) introduce an additional fishery into the existing framework governed by the Fisheries Management Act 1991. Specifically, Regulation 1 names the Regulations as the Fisheries Management Amendment Regulations 2000 (No. 1), while Regulation 2 specifies that these Regulations come into effect on the date of their gazettal. Regulation 3 indicates that the Regulations amend the principal Fisheries Management Regulations. The core changes are detailed in Schedule 1, where Item 1 inserts a reference to the East Coast Deepwater Zone (ECDZ) Fishery into Regulation 4B, which lists the fisheries managed by the Australian Fisheries Management Authority (AFMA). Item 2 further elaborates by adding a description of the ECDZ Fishery into Schedule 1A of the principal Regulations, thus enabling the granting of permits for activities in this new zone.
These Regulations impose certain obligations on the parties involved, primarily focusing on the proper management and regulation of the ECDZ Fishery. AFMA is tasked with managing this new fishery in accordance with the amended Regulations, ensuring that any activities within the ECDZ Fishery are conducted in line with the provisions of the Fisheries Management Act 1991. Operators who wish to fish in the ECDZ Fishery must apply for the appropriate permits as outlined in the amended Regulations. The Regulations also require AFMA to consult with stakeholders, including current South East Trawl Fishery operators, to develop and implement new arrangements for the ECDZ Fishery.
Breaches of the Regulations can lead to various consequences. Under the Fisheries Management Act 1991, offences may include unauthorised fishing activities, non-compliance with permit conditions, or failure to adhere to the specified methods of reference for the ECDZ Fishery. The penalties for such breaches can be significant, both in civil and criminal contexts. Civil penalties may include fines, with the exact amount depending on the nature and severity of the offence. For criminal offences, the Act provides for maximum penalties, which can include substantial fines and imprisonment. These penalties serve as deterrents to ensure compliance with the Regulations and the overarching objectives of sustainable fisheries management.