EXPLANATORY STATEMENT
Select Legislative Instrument 2011 No. 7
Issued by the authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry
Fisheries Management Act 1991
Fisheries Management (Eastern Tuna and Billfish Fishery) Amendment Regulations 2011 (No. 1)
Subsection 168(1) of the Fisheries Management Act 1991 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, in carrying out or giving effect to the Act.
The Regulations make minor amendments to the Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009 (the Principal Regulations) to remove one obsolete provision and update one reference.
Under the Eastern Tuna and Billfish Fishery Management Plan 2005 (the 2005 Management Plan), the ‘fishing season’ was prescribed in the Principal Regulations.
Regulation 5 provided that the ‘fishing season’ was from 1 November 2009 to 28 February 2011 with each subsequent period starting on 1 March in a year and ending at the end of the last day of February in the following year.
However, the 2005 Management Plan was revoked and replaced by the Eastern Tuna and Billfish Fishery Management Plan 2010 (the 2010 Management Plan) on 22 January 2011. Part 1.3 of the 2010 Management Plan provides that ‘fishing season’ means the period determined by the Australian Fisheries Management Authority (AFMA).
The Regulations therefore amends the Principal Regulations by omitting regulation 5, which defined the ‘fishing season’ for the purposes of the 2005 Management Plan. The Regulations also substitute the definition of ‘Management Plan’ in the Principal Regulations, to provide that ‘Management Plan’ means the ‘Eastern Tuna and Billfish Fishery Management Plan 2010’.
Consultation
As the purpose of the Regulations was to make necessary changes to the Principal Regulations that were consequential upon the revocation of the 2005 Management Plan, AFMA did not consult specifically on the Regulations. It did consult widely with industry, and with the Management Advisory Committee for the fishery established under section 56 of the Fisheries Administration Act 1991, on the revocation of the 2005 Management Plan and its replacement with the 2010 Management Plan.
Overview
The Fisheries Management (Eastern Tuna and Billfish Fishery) Amendment Regulations 2011 (No. 1) were enacted under the authority of the Parliamentary Secretary for Agriculture, Fisheries and Forestry to make minor amendments to the Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009. The primary aim of these amendments is to address the obsolescence of certain provisions and update references within the existing regulatory framework, consequential to the revocation of the Eastern Tuna and Billfish Fishery Management Plan 2005 and its replacement by the Eastern Tuna and Billfish Fishery Management Plan 2010. Specifically, the Regulations remove the outdated provision that defined the fishing season as per the 2005 Management Plan and update the definition of "Management Plan" to reflect the 2010 version. These changes ensure that the regulatory framework aligns with the current management plan, thereby maintaining the effectiveness and relevance of the fishery regulations.
Scope and Application
The Fisheries Management (Eastern Tuna and Billfish Fishery) Amendment Regulations 2011 (No. 1) applies to entities and individuals engaged in the Eastern Tuna and Billfish Fishery, including commercial fishers, recreational fishers, and any associated industry stakeholders. These Regulations are made under the authority of the Fisheries Management Act 1991 and are intended to update the existing Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009 to reflect changes in management plans and administrative adjustments. The jurisdictional reach of these Regulations is confined to Commonwealth waters, specifically within the purview of the Australian Fisheries Management Authority (AFMA). The Regulations do not introduce new substantive rules but rather make technical amendments to align with the Eastern Tuna and Billfish Fishery Management Plan 2010, which replaced the 2005 Management Plan. Notably, the Regulations omit the outdated provision that defined the fishing season under the superseded 2005 Management Plan and update the definition of "Management Plan" to reflect the current 2010 Management Plan. These changes ensure that the regulatory framework remains consistent with the latest management directives and administrative practices.
Key Provisions
The Fisheries Management (Eastern Tuna and Billfish Fishery) Amendment Regulations 2011 (No. 1) make minor amendments to the Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009. Regulation 5, which prescribed the 'fishing season' in accordance with the now-repealed Eastern Tuna and Billfish Fishery Management Plan 2005, is omitted (subsection 1(2)). This is because the 2010 Management Plan specifies that the fishing season is determined by the Australian Fisheries Management Authority (AFMA). Additionally, the definition of 'Management Plan' in the Principal Regulations is amended to mean the 'Eastern Tuna and Billfish Fishery Management Plan 2010' (subsection 1(1)). These changes ensure the Principal Regulations remain consistent with the new Management Plan.
The Regulations impose certain obligations on parties involved in the Eastern Tuna and Billfish Fishery. Firstly, entities must adhere to the fishing season as determined by AFMA under the 2010 Management Plan. This requires compliance with any future changes to the fishing season as decided by AFMA. Additionally, the Regulations require adherence to the updated definition of 'Management Plan', ensuring that references in the Principal Regulations are correctly aligned with the 2010 Management Plan. This change is necessary for the smooth operation of the fishery under the new regulatory framework.
The Fisheries Management Act 1991 does not explicitly detail offences, penalties, or consequences for breaching the amended Regulations. However, general provisions within the Act and other relevant legislation may apply. For instance, non-compliance with regulations may result in enforcement actions by AFMA, including fines or other penalties as prescribed under the Fisheries Management Act or related Acts. The exact penalties depend on the specific nature and severity of the breach, but they may include substantial fines and potential legal proceedings to enforce compliance.