Fisheries Management Amendment Regulations 2001 (No. 2) 2001
No. 22
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 22
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Fisheries Management Act 1991
Fisheries Management Amendment Regulations 2001 (No. 2)
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 42 of the Act provides that regulations may require the holders of a fishing concession to record and furnish returns containing, information in relation to the taking, sale, disposal, carrying, transhipping or processing of fish.
Part 9 of the Fisheries Management Regulations 1992 (the principal Regulations) deals with logbooks. It sets out criteria for the form in which the Australian Fisheries Management Authority (AFMA) may publish logbooks, and the information that may be collected in those logbooks. AFMA may also. in accordance with the procedures set out in Part 9, determine who is to use a particular logbook and how it is to be provided to AFMA.
Regulation 32 of the principal Regulations provides that AFMA may determine that a logbook be used in a fishery and sets out how that determination is to be made. Subregulation 32(2) provides that if a determination is made in relation to a form of logbook, that logbook must be used in relation to a boat that is taking the kind of fish in the area, or engaging in the activity to take the kind of fish in the area.
The Fisheries Management Amendment Regulations (the Regulations) amend Regulation 32 of the principal Regulations to streamline the procedures for publicly notifying the making of a determination under Part 9. The Regulations provide AFMA with the option of notifying operators of the determination of a new form of logbook by post rather than newspaper advertisement, which will be less costly and more effective for some small fisheries. The Regulations also provide ‑ that if a logbook determination is to be published in a newspaper, a notification of the making of the determination, rather than the entire determination itself, may be published.
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 2001 (No. 2).
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the Principal Regulations.
Schedule 1 Item 1 substitutes new subregulations 32(5) and 32(6) that amend the notification procedures relating to the making of a logbook determination.
Overview
The Fisheries Management Amendment Regulations 2001 (No. 2) were introduced to amend the Fisheries Management Regulations 1992, thereby streamlining the procedures for notifying the Australian Fisheries Management Authority's (AFMA) determinations under Part 9 concerning logbooks. Enacted by the Minister for Agriculture, Fisheries and Forestry, these regulations aim to make the notification process less costly and more effective, particularly for smaller fisheries. The objective is to provide AFMA with the flexibility to notify operators of new logbook determinations via post instead of newspaper advertisements, and to allow for the publication of notifications rather than the entire determination in newspapers. The regulations, which came into effect upon gazettal, were issued under the authority of the Fisheries Management Act 1991, which empowers the Governor-General to make regulations necessary for carrying out or giving effect to the Act.
Scope and Application
The Fisheries Management Amendment Regulations 2001 (No. 2) apply to the holders of fishing concessions under the Fisheries Management Act 1991 and to the Australian Fisheries Management Authority (AFMA). These regulations pertain to the recording and furnishing of information regarding the taking, sale, disposal, carrying, transhipping, or processing of fish, as outlined in Section 42 of the Act. The regulations particularly focus on streamlining the procedures for notifying fishing concession holders of logbook determinations, which are decisions by AFMA about which type of logbook must be used in a particular fishery. This amendment seeks to provide AFMA with the flexibility to notify concession holders by post rather than through newspaper advertisements, which is expected to be more cost-effective and practical for smaller fisheries. Additionally, the regulations allow for the publication of a notification of the making of a logbook determination instead of the entire determination itself, if it is to be published in a newspaper. These regulations have a national reach, as they are made under the authority of the Commonwealth of Australia. There are no specific exclusions or thresholds mentioned in the explanatory statement, but the regulations are designed to apply broadly across various fisheries within Australia. The application of these regulations can be further extended or restricted through subordinate instruments as necessary.
Key Provisions
The Fisheries Management Amendment Regulations 2001 (No. 2) focus on streamlining the procedures for notifying fishing operators about logbook determinations, as outlined in Regulation 32 of the Fisheries Management Regulations 1992 (principal Regulations). These regulations amend the principal Regulations to provide the Australian Fisheries Management Authority (AFMA) with the flexibility to notify operators of new logbook requirements through mail, rather than requiring newspaper advertisements. This change is intended to be more cost-effective and potentially more effective for smaller fisheries (Schedule 1, Item 1).
Under the new regulations, AFMA can now opt to send notifications by post, which is expected to be a more efficient method of communication for certain fisheries. Additionally, the Regulations allow for the publication of a notification of the making of a logbook determination, rather than the entire determination, if it is to be published in a newspaper (Schedule 1, Item 1). This allows for a more concise notification method that still ensures operators are aware of the new logbook requirements.
Entities governed by these regulations, primarily fishing concession holders and operators, must comply with any new logbook requirements determined by AFMA. They are obligated to use the specified logbooks when taking, selling, or processing fish as required by the new determinations. This includes adhering to any new criteria for logbook format and information collection, as stipulated by AFMA (Section 42 of the Fisheries Management Act 1991).
Failure to comply with these regulations can result in civil or criminal penalties. The precise consequences depend on the nature and severity of the breach. Under the Fisheries Management Act 1991, breaches can lead to fines, imprisonment, or both. The specific penalties are not detailed in the explanatory statement but can be severe, reflecting the importance of compliance with fisheries regulations to ensure sustainable management of marine resources.