Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002
Statutory Rules 2002 No. 283 as amended
made under the
Fisheries Management Act 1991
This compilation was prepared on 4 August 2011
taking into account amendments up to SLI 2011 No. 135
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
5 Fishing methods
10 Total allowable catch
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002.
2 Commencement [see Note 1]
These Regulations commence on gazettal.
3 Interpretation
(1) In these Regulations:
Act means the Fisheries Management Act 1991.
Management Plan means the Bass Strait Central Zone Scallop Fishery Management Plan 2002.
(2) An expression used in these Regulations and in the Management Plan has the same meaning in these Regulations as it has in the Management Plan.
Note The following terms are defined in section 3 of the Management Plan:
- area of the fishery
- boat statutory fishing right
- Committee
- holder
- nominated boat
- owner
- quota statutory fishing right.
5 Fishing methods
For the purposes of section 13 of the Management Plan, the holder of a quota statutory fishing right may take scallops from the area of the fishery using either of the following methods:
(a) dredging;
(b) trawling.
10 Total allowable catch
(5) For the purposes of subsection 28 (2) of the Management Plan, the total allowable catch for doughboy scallops is not to be increased during a fishing season.
Notes to the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002
Note 1
The Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002 (in force under the Fisheries Management Act 1991) as shown in this compilation comprise Statutory Rules 2002 No. 283 amended as indicated in the Tables below.
Table of Instruments
Year and
number | Date of notification in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
2002 No. 283 | 4 Dec 2002 | 4 Dec 2002 | |
2004 No. 335 | 8 Dec 2004 | 8 Dec 2004 | — |
2009 No. 48 | 31 Mar 2009 (see F2009L01137) | 1 Apr 2009 | — |
2011 No. 135 | 3 Aug 2011 (see F2011L01592) | 4 Aug 2011 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 4................. | rep. 2004 No. 335 |
R. 6................. | rep. 2011 No. 135 |
R. 7................. | rep. 2011 No. 135 |
R. 8................. | rep. 2011 No. 135 |
R. 9................. | rep. 2009 No. 48 |
R. 10................ | am. 2004 No. 335; 2009 No. 48 |
Overview
The Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002 were enacted under the Fisheries Management Act 1991 to address the need for specific regulations governing the management and operation of the Bass Strait Central Zone Scallop Fishery. These regulations provide the framework for the sustainable management of the scallop fishery in the Bass Strait Central Zone, ensuring the conservation and optimal utilisation of the fishery's resources. The primary policy objective of these regulations is to establish and maintain a sustainable fishing practice that balances ecological preservation with economic viability for fishers. The enacting body responsible for these regulations is the Parliament, which has the authority to enact such legislation to protect marine resources and ensure the long-term sustainability of fisheries.
Scope and Application
The Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002, made under the Fisheries Management Act 1991, govern the management of the scallop fishery in the Bass Strait Central Zone. These regulations apply to all persons and entities engaged in scallop fishing activities within the specified area of the fishery, which is detailed in the Bass Strait Central Zone Scallop Fishery Management Plan 2002. The regulations stipulate the approved fishing methods, specifically dredging and trawling, and set the total allowable catch for doughboy scallops, which must not be increased during a fishing season. These regulations extend across the Commonwealth of Australia, ensuring consistent management practices across state and territory boundaries within the defined fishery area. While the primary focus is on regulating scallop fishing activities, specific exclusions or exemptions are not explicitly detailed within the regulations themselves but are likely to be covered under the broader provisions of the Fisheries Management Act 1991 or the Management Plan. The application and interpretation of these regulations may be further refined or extended through subordinate instruments as needed to address specific issues or changes in the fishery.
Key Provisions
The Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002, made under the Fisheries Management Act 1991, provide specific guidelines for the management of the scallop fishery in the Bass Strait Central Zone. These Regulations are designed to implement the Bass Strait Central Zone Scallop Fishery Management Plan 2002, which outlines the broader objectives and strategies for the sustainable management of the fishery (section 3). The Regulations officially commenced on their date of gazette, establishing the legal framework for the fishery's management (section 2).
Under these Regulations, the primary method of scallop harvesting is specified to be either dredging or trawling (section 5). These methods are the only approved techniques for taking scallops from the fishery area, ensuring consistency and compliance with the management plan. Additionally, the Regulations stipulate that the total allowable catch of doughboy scallops must not be increased during any fishing season (section 10), maintaining the fishery's sustainability by preventing overfishing.
Entities and individuals governed by these Regulations are required to adhere to the approved fishing methods and catch limits. They must ensure that any scallop harvesting activities comply with the specified methods of dredging or trawling and avoid exceeding the total allowable catch limits set for the season. Failure to comply with these requirements can result in enforcement actions under the Fisheries Management Act 1991, which may include fines or other penalties as prescribed by law.
In the event of a breach of these Regulations, the consequences can include both civil and criminal penalties. The specific penalties depend on the nature and severity of the breach. For instance, individuals or entities found to be in violation of the fishing methods or catch limits may face financial penalties, as outlined in the Fisheries Management Act 1991. The maximum penalties for such breaches can be significant, reflecting the importance of adhering to the regulations designed to protect and sustain the fishery resources in the Bass Strait Central Zone.