Fisheries Management Amendment Regulations 2002 (No. 1)

Overview

The Fisheries Management Amendment Regulations 2002 (No. 1) were enacted to amend the Fisheries Management Regulations 1992, which are subsidiary legislation under the Fisheries Management Act 1991. The primary objective of these regulations is to update the nomenclature of the Jack Mackerel Fishery to the Small Pelagic Fishery, thereby more accurately reflecting the diverse species of fish targeted in this particular fishery. This change was implemented following a decision by the Australian Fisheries Management Authority (AFMA) to better represent the various small pelagic species, including those other than Jack Mackerel, that are fished within this area. The enacting body responsible for these regulations is the Governor-General, acting under the authority of the Minister for Forestry and Conservation. The intent behind these amendments is to ensure that the regulatory framework remains consistent with the evolving nature of the fishery and the species it encompasses.

Scope and Application

The Fisheries Management Amendment Regulations 2002 (No. 1) apply to the fisheries managed by the Australian Fisheries Management Authority (AFMA) as outlined in the Fisheries Management Act 1991. Specifically, these Regulations amend the Fisheries Management Regulations 1992 by changing the name of the Jack Mackerel Fishery to the Small Pelagic Fishery, reflecting the broader range of species targeted within this fishery. The Regulations are designed to update the nomenclature of the fishery, thereby improving the clarity and accuracy of regulatory descriptions and communications. They have a direct impact on those who engage in or manage activities related to this fishery, including fishers, fishing companies, and regulatory bodies. These Regulations apply nationally, as they amend Commonwealth regulations under the Fisheries Management Act 1991, which has a jurisdictional reach across Australia. The changes made by these Regulations are effective immediately upon gazettal and involve solely textual amendments in Schedule 1A of the principal Regulations. There are no stated exclusions, exemptions, or thresholds in these Regulations. Any further extensions or restrictions of application are to be made through subordinate instruments as authorised by the Act.

Key Provisions

The Fisheries Management Amendment Regulations 2002 (No. 1) (the Regulations) amend Schedule 1A of the principal Fisheries Management Regulations 1992 (the principal Regulations) to reflect a decision by the Australian Fisheries Management Authority (AFMA) to rename the Jack Mackerel Fishery as the Small Pelagic Fishery (Regulation 3, Schedule 1). This amendment aligns the name of the fishery with the broader range of species it encompasses. The Regulations substitute each reference to the Jack Mackerel Fishery with the Small Pelagic Fishery, effectively updating the legal terminology to reflect the more inclusive nature of the fishery (Schedule 1, Item 1 and Item 2). The Regulations impose specific obligations on AFMA, including ensuring that all references to the Jack Mackerel Fishery in the principal Regulations and related documents are updated to reflect the new name. This involves revising existing descriptions, plans, and other legal documentation to maintain consistency and accuracy in the management of the fishery (Schedule 1, Item 1 and Item 2). AFMA must also ensure that all stakeholders, including fishers, industry groups, and the public, are informed of the name change and understand the implications for their activities within the fishery. This includes updating official communications, websites, and any other relevant platforms to reflect the new name. Breaches of the Regulations could potentially lead to enforcement actions under the Fisheries Management Act 1991. While the Regulations themselves do not explicitly outline specific offences or penalties, violations of the amended descriptions and references could be prosecuted under the general enforcement provisions of the Act. Such actions could result in penalties, including fines and other civil or criminal consequences, depending on the nature and severity of the breach. The maximum penalties for offences under the Fisheries Management Act can vary widely, depending on the specific provision breached and the circumstances of the offence. In general, penalties can include fines of up to several thousand Australian dollars and, in more serious cases, imprisonment.