Fisheries Management Amendment Regulations 2002 (No. 4) 2002 No. 304
EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 304
Issued by the authority of the Minister for Fisheries, Forestry and Conservation
Fisheries Management Act 1991
Fisheries Management Amendment Regulations 2002 (No. 4)
Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the Governor-General to make regulations for the purposes of the Management Act.
The purpose of the regulations is to amend the Fisheries Management Regulations 1992 (the Management Regulations) to include provisions describing a number of new fisheries and removing references to previous fisheries, which are no longer in existence.
The regulations are made under the Management Act.
The South East Non-Trawl Fishery (SENTF) and the Southern Shark Fishery (SSF) have been subsumed into a new fishery called the Gillnet, Hook and Trap Fishery (GHTF). Consequently, a description of the GHTF is inserted into the Management Regulations and all references to the old fisheries are removed.
The South East Trawl Fishery (SETF) was previously under a management plan. The management plan has now been repealed. Consequently, all references to the repealed management plan are removed from the Management Regulations and a description of the SETF is inserted into those Regulations.
The Heard Island and Macdonald Islands (HIMI) Management Plan was gazetted on 29 May 2002. All references to the previous HIMI fishery are removed from the Management Regulations and a reference to the HIMI Management Plan is inserted into those Regulations.
The Bass Strait Central Zone Scallop Fishery (BSCZSF) Management Plan was gazetted on 7 November 2002. A reference to the BSCZSF Management Plan is inserted into Regulation 4B of the Management Regulations.
A Proclamation was made recently declaring the surrounding territorial sea (out to 12 nautical miles) and all the internal waters of Christmas Island and Cocos (Keeling) Islands to be excepted waters for the purposes of the Management Act. The Proclamation enables the transfer of management responsibility from AFMA to the Department of Transport and Regional Services for fishing activities in the waters excepted from the Management Act. The excepted waters include waters which were previously managed by AFMA as sub-areas 1 and 3 of the Christmas Island and Cocos (Keeling) Islands Fishery (CICKIF). All references to these sub-areas of the CICKIF fishery are removed from the Management Regulations
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides for the Regulations to be cited as the Fisheries Management Amendment Regulations 2002 (No. 4).
Regulation 2 provides that the Regulations commence on gazettal.
Regulation 3 provides that Schedule 1 amends the principal Regulations.
Schedule 1 Item 1 substitutes a new Regulation 4B into the principal Regulations which includes references to a number of new fisheries and removes references to previous fisheries which are no longer in existence.
Schedule 1 Item 2 deletes Regulation 4CA and 4D from the principal Regulations. This removes references to the SENTF and the SETF.
Schedule 1 Item 3 substitutes a new Paragraph 10B(2)(d) into the principal Regulations. This removes references to the SENTF and the SSF from Paragraph 10B(2)(d).
Schedule 1 Item 4 deletes Division 1 of Part 1A of Schedule 1A. This removes the geographic description of sub-area 1 of the CICKIF from the principal Regulations.
Schedule 1 Item 5 deletes Division 3 of Part 1A of Schedule 1A. This removes the geographic description of sub-area 3 of the CICKIF from the principal Regulations.
Schedule 1 Item 6 substitutes a new Part 3A into Schedule 1A. This removes the geographic description of the previous HIMI fishery and substitutes a new definition of the GHTF.
Schedule 1 Item 7 substitutes a new Part 7 into Schedule 1A. This removes the geographic description of the previous SENTF fishery from the principal Regulations, and substitutes a new definition of the SETF.
Schedule 1 Item 8 deletes Part 9 of Schedule 1A. This removes the geographic description of the previous SSF from the principal Regulations.
Overview
The Fisheries Management Amendment Regulations 2002 (No. 4) were enacted to address the need for updating the Fisheries Management Regulations 1992 to reflect changes in fisheries management. These changes include the consolidation of the South East Non-Trawl Fishery and the Southern Shark Fishery into the Gillnet, Hook and Trap Fishery, the repeal of the South East Trawl Fishery management plan, and the implementation of new management plans for Heard Island and Macdonald Islands, and the Bass Strait Central Zone Scallop Fishery. The regulations also account for the recent transfer of management responsibility for fishing activities in the territorial waters of Christmas Island and Cocos (Keeling) Islands from the Australian Fisheries Management Authority to the Department of Transport and Regional Services. The regulations were made under the authority of the Minister for Fisheries, Forestry and Conservation, pursuant to section 168 of the Fisheries Management Act 1991, with the overarching objective of ensuring that the fisheries management framework remains current and effective.
Scope and Application
The Fisheries Management Amendment Regulations 2002 (No. 4) serve to amend the Fisheries Management Regulations 1992 by incorporating provisions for new fisheries and removing outdated references to fisheries that no longer exist. These regulations apply to all fisheries and related activities within the jurisdiction of the Fisheries Management Act 1991, which includes Commonwealth waters and the territorial sea. The regulations affect all persons and entities involved in fishing activities, including commercial fishers, recreational fishers, and industry stakeholders. This encompasses various industries such as commercial and recreational fishing, aquaculture, and related sectors. The amendments made by these regulations ensure that the descriptions of fisheries are up to date, facilitating effective management and regulation. For instance, the South East Non-Trawl Fishery and the Southern Shark Fishery have been combined into the Gillnet, Hook and Trap Fishery, with all references to the previous fisheries removed and the new descriptions inserted. Additionally, the Bass Strait Central Zone Scallop Fishery and Heard Island and Macdonald Islands Management Plans have been referenced in the regulations. The regulations also address the recent changes in management responsibility for Christmas Island and Cocos (Keeling) Islands waters, which have been excepted from the Management Act.
Key Provisions
The Fisheries Management Amendment Regulations 2002 (No. 4) (the Regulations) amend the Fisheries Management Regulations 1992 (the Management Regulations) to update the descriptions of various fisheries and to remove references to fisheries that are no longer in existence. Regulation 4B (Schedule 1, Item 1) introduces a new definition for the Gillnet, Hook and Trap Fishery (GHTF) and removes references to the South East Non-Trawl Fishery (SENTF) and the Southern Shark Fishery (SSF). Regulation 4CA and 4D (Schedule 1, Item 2) are deleted to remove references to the SENTF and the South East Trawl Fishery (SETF). The description of the SETF is inserted into the Management Regulations (Schedule 1, Item 7). Regulation 10B(2)(d) (Schedule 1, Item 3) is updated to remove references to the SENTF and the SSF. The geographic descriptions of sub-areas 1 and 3 of the Christmas Island and Cocos (Keeling) Islands Fishery (CICKIF) are removed from the Management Regulations (Schedule 1, Items 4 and 5), and a new definition of the GHTF is inserted (Schedule 1, Item 6). The geographic description of the previous SSF is removed (Schedule 1, Item 8) and references to the HIMI Management Plan and the Bass Strait Central Zone Scallop Fishery (BSCZSF) Management Plan are inserted (Schedule 1, Items 6 and 7).
The Regulations impose obligations on parties and entities governed by the Fisheries Management Act 1991 (the Management Act) to comply with the updated descriptions of the fisheries and to adhere to the new management plans and regulatory changes. The HIMI Management Plan, which came into effect on 29 May 2002, and the BSCZSF Management Plan, which came into effect on 7 November 2002, provide updated management strategies for the respective fisheries. The removal of references to the previous fisheries and sub-areas reflects changes in management responsibility and the consolidation of certain fisheries into the GHTF. The Regulations also transfer management responsibility for fishing activities in the excepted waters of Christmas Island and Cocos (Keeling) Islands from the Australian Fisheries Management Authority to the Department of Transport and Regional Services.
Failure to comply with the Regulations may result in civil and criminal consequences. Offences under the Management Act can lead to penalties such as fines and imprisonment. The maximum penalties for offences under the Management Act are set out in the Act itself and can vary depending on the nature and severity of the offence. For example, a person who contravenes a direction given under the Act can be subject to a fine of up to 50 penalty units (approximately AUD 5,500) for an individual and 250 penalty units (approximately AUD 27,500) for a body corporate. For more serious offences, such as causing damage to marine habitats, the maximum penalties can be significantly higher, with fines of up to 500 penalty units (approximately AUD 55,000) for an individual and 2,500 penalty units (approximately AUD 275,000) for a body corporate, as well as potential imprisonment terms. Additionally, breaches of the Management Regulations may incur penalties specified within the Regulations, including fines and other administrative sanctions. It is important for parties and entities governed by the Regulations to ensure compliance to avoid these potential penalties and consequences.