Fisheries Management Amendment Regulations 2003 (No. 2) 2003 No. 112
EXPLANATORY STATEMENT
STATUTORY RULES 2003 No. 112
Issued by the authority of the Minister for Fisheries, Forestry and Conservation
Fisheries Management Act 1991
Fisheries Management Amendment Regulations 2003 (No. 2)
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
Part 11, Division 2 of the Fisheries Management Regulations 1992 (the Management Regulations) provides that catch limits apply as conditions on fishing permits that authorise the taking of tuna in northern waters. The species catch limits for each fishing trip are listed in Part 2 of Schedule 5 of the Management Regulations. The catch limit on species listed in Part 2 of Schedule 5, including dolphinfish (Coryphaena hippurus), is currently set at 10 fish by Regulation 51(2)(b).
The purpose of the regulations is to remove the catch limit for dolphinfish in Queensland waters, as the current catch limit was based on shorter fishing trips than are now the norm, and the species is not now considered to be susceptible to overfishing. The regulations remove the catch limit by exempting dolphinfish that are caught in Queensland waters from the operation of regulation 51(2)(b) and adding a definition of Queensland waters.
The regulations give effect to the terms of a Memorandum of Understanding (MOU) between the Commonwealth of Australia and the State of Queensland. The MOU has been amended by agreement between the Commonwealth of Australia and the State of Queensland to remove the catch limit on dolphinfish, and these regulations give legislative effect to that agreement.
The 10 fish trip limit was set in 1995 when domestic tuna fisheries primarily operated in inshore waters and the average trip duration was two to three days. However, contemporary domestic longline vessels have a greater storage capacity and may travel up to 600 nautical miles during trips of up to 14 days. Fishing activity is now moving further offshore. As a consequence, catches of dolphinfish are increasing and considerably exceeding the 10 fish trip limit. There are no concerns regarding the ecological sustainability of dolphinfish. Due to the catch limits, tuna and billfish operators are being forced to discard dolphinfish at sea. The regulations enable operators to legally retain and process dolphinfish.
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 2003 (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 a new subregulation for the former subregulation 51(3). The former subregulation referred only to an exemption from catch limits on black kingfish and the new subregulation, as well as referring to black kingfish, removes the catch limit for dolphinfish caught in Queensland waters.
Schedule 1 Item 1 also inserts a new subregulation 51(4) which defines the boundary between Northern Territory and Queensland waters.
Overview
The Fisheries Management Amendment Regulations 2003 (No. 2), enacted by the Minister for Fisheries, Forestry and Conservation, address the outdated catch limits for dolphinfish in Australian waters. These regulations were introduced to amend the Fisheries Management Regulations 1992 under the authority of the Fisheries Management Act 1991. The primary issue these regulations aim to resolve is the inapplicability of the existing 10 fish catch limit per trip for dolphinfish in modern fishing contexts, which have evolved to include longer trips and greater fishing capacities. By removing the catch limit for dolphinfish in Queensland waters, the regulations seek to align with current fishing practices and the ecological assessment that dolphinfish are not overfished, while also giving effect to an amended Memorandum of Understanding between the Commonwealth and the State of Queensland.
Scope and Application
The Fisheries Management Amendment Regulations 2003 (No. 2) apply to the management of fisheries within Australian waters, specifically targeting the regulation of fishing permits for the taking of tuna, including dolphinfish, in northern waters. These regulations amend the Fisheries Management Regulations 1992 to exempt dolphinfish caught in Queensland waters from the existing catch limit, which was set at 10 fish per fishing trip. The rationale behind this amendment is to address the outdated nature of the 10 fish limit, which was established when fishing trips were shorter and the ecological status of dolphinfish was different. By removing the catch limit for dolphinfish in Queensland waters, the regulations aim to align with current fishing practices and alleviate the need for tuna and billfish operators to discard dolphinfish at sea. The changes reflect an agreement between the Commonwealth of Australia and the State of Queensland as per their Memorandum of Understanding.
The regulations have a defined jurisdictional reach within Australian waters, specifically affecting fisheries operations in Queensland. The exemption applies exclusively to dolphinfish caught within the boundaries of Queensland waters, as defined in the regulations. This amendment does not extend to other states or territories and does not affect other species of fish. The regulations came into effect upon gazettal and are instrumental in updating the legislative framework to better suit contemporary fishing practices and ecological understandings.
Key Provisions
The Fisheries Management Amendment Regulations 2003 (No. 2) introduce significant changes to the existing Fisheries Management Regulations 1992 by amending Regulation 51, which pertains to catch limits on fishing permits for tuna in northern waters (Reg. 51(3)). Specifically, the new regulations remove the catch limit for dolphinfish (Coryphaena hippurus) caught in Queensland waters (Reg. 51(4)). This change aligns with an updated understanding of the ecological sustainability of dolphinfish and modern fishing practices, which have evolved since the initial 10-fish limit was established in 1995. The new regulations also provide a definition of "Queensland waters," which is essential for determining the applicability of the catch limit exemption (Reg. 51(4)).
These amendments impose certain obligations on parties involved in tuna fishing within the affected areas. Fishing operators must now adhere to the new regulations by ensuring that their catches of dolphinfish in Queensland waters are not subject to the previous catch limit. This requirement is crucial for operators who may have been discarding dolphinfish at sea due to the outdated limit. By removing the catch limit, the regulations allow operators to retain and process dolphinfish legally. Compliance with these regulations ensures that fishing practices are sustainable and economically viable.
The regulations also outline the consequences of non-compliance with the new provisions. While the explanatory statement does not specify detailed penalties, it is likely that breaches of the Fisheries Management Regulations 1992, including the amended regulations, may result in civil or criminal penalties. These could include fines and potential prosecution, depending on the severity and intent of the breach. The exact penalties would be determined under the broader framework of the Fisheries Management Act 1991, which provides for enforcement mechanisms to ensure adherence to the regulations.