Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009
Select Legislative Instrument 2009 No. 253 as amended
made under the
Fisheries Management Act 1991
This compilation was prepared on 1 March 2011
taking into account amendments up to SLI 2011 No. 7
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
4 Particulars to be entered in Register (Act s 45)
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009.
2 Commencement [see Note 1]
These Regulations commence on the day after they are registered.
3 Interpretation
(1) In these Regulations:
Act means the Fisheries Management Act 1991.
Fisheries Management Regulations means the Fisheries Management Regulations 1992.
identification code has the meaning given by regulation 12 of the Fisheries Management Regulations.
Management Plan means the Eastern Tuna and Billfish Fishery Management Plan 2010.
Note The following terms are defined in subsection 4 (1) of the Act:
- AFMA
- boat
- Joint Authority
- Register
- statutory fishing right.
These terms have the same meaning in these Regulations as they do in the Act: see paragraph 13 (1) (b) of the Legislative Instruments Act 2003.
(2) The following terms have the same meaning in these Regulations as they have in the Management Plan:
(a) holder;
(b) nominated boat;
(c) statutory fishing right.
4 Particulars to be entered in Register (Act s 45)
(1) For paragraph 45 (1) (f) of the Act, AFMA must enter the following particulars in the Register:
(a) the name of the holder of a statutory fishing right;
(b) the postal address of the holder of the right as shown in the last written notice of address received by AFMA from the holder;
(c) the telephone number, fax number and email address (if any) shown for the holder of the right in the last written notice that mentions such a number or an address received by AFMA from the holder;
(d) if the holder of the right is a corporation — its ABN and ACN (if any).
(2) AFMA must also enter in the Register the following particulars that relate to a nominated boat of the holder:
(a) the name of the boat;
(b) if AFMA, a Joint Authority, or a State or Territory authority issues an identification code or a distinguishing symbol for the boat — a description or representation of that code or symbol.
Notes to the Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009
Note 1
The Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009 (in force under the Fisheries Management Act 1991) as shown in this compilation comprise Select Legislative Instrument 2009 No. 253 amended as indicated in the Tables below.
Table of Instruments
Year and
Number | Date of FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
2009 No. 253 | 9 Oct 2009 (see F2009L03789) | 10 Oct 2009 | |
2011 No. 7 | 28 Feb 2011 (see F2011L00314) | 1 Mar 2011 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 3................. | am. 2011 No. 7 |
R. 5................. | rep. 2011 No. 7 |
Overview
The Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009 were enacted under the Fisheries Management Act 1991 and aim to provide a comprehensive regulatory framework for the management of the Eastern Tuna and Billfish Fishery. The primary objective of these regulations is to ensure sustainable management of the fishery, including the regulation of fishing activities, the protection of fish stocks, and the implementation of measures to prevent overfishing. The enacting body for these regulations is the Parliament of Australia, and they were made to address the need for specific, targeted regulations for the Eastern Tuna and Billfish Fishery to complement the broader provisions of the Fisheries Management Act 1991. These regulations provide detailed guidelines on the management of statutory fishing rights, the operation of boats within the fishery, and the administration of the fishery by the Australian Fisheries Management Authority (AFMA). They also mandate the collection and maintenance of specific information in the Register to facilitate effective oversight and enforcement of the fishery regulations.
Scope and Application
The Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009 apply to the management and regulation of the Eastern Tuna and Billfish Fishery in Australian waters. These regulations are made under the Fisheries Management Act 1991 and the Fisheries Management Regulations 1992, and they aim to implement the Eastern Tuna and Billfish Fishery Management Plan 2010. They cover various aspects, including the particulars to be entered in the Register by the Australian Fisheries Management Authority (AFMA) regarding the holders of statutory fishing rights and their nominated boats. The regulations apply to the Commonwealth waters of Australia, specifically targeting the management of tuna and billfish fishing activities within this jurisdiction. There are no specific exclusions, exemptions, or thresholds mentioned in the text provided, but it is understood that these regulations extend and restrict application through subordinate instruments, which are not detailed here. The regulations are amended periodically, as evidenced by the Select Legislative Instrument 2011 No. 7, which came into effect on 1 March 2011.
Key Provisions
The Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009 (F2009L03789) under the Fisheries Management Act 1991 set out the specific rules and requirements for the management of the Eastern Tuna and Billfish Fishery. These Regulations establish the framework for the operation of this fishery, including the management plan, the particulars to be entered in the Register, and other relevant details. Section 3 of the Regulations provides the interpretation of key terms used throughout, clarifying their meanings within the context of these Regulations. For example, the term "Act" refers to the Fisheries Management Act 1991, while "Management Plan" refers to the Eastern Tuna and Billfish Fishery Management Plan 2010. Additionally, certain terms have the same meaning in these Regulations as they do in the Fisheries Management Regulations 1992 and the Management Plan.
The Regulations impose specific obligations and requirements on the parties and entities they govern. Section 4 outlines the particulars that must be entered in the Register by the Australian Fisheries Management Authority (AFMA). These particulars include the name, postal address, contact details, and, if applicable, the Australian Business Number (ABN) and Australian Company Number (ACN) of the holder of a statutory fishing right. Furthermore, AFMA must record details of the nominated boat associated with the holder, including the boat's name and any identification code or distinguishing symbol issued by AFMA, a Joint Authority, or a State or Territory authority.
Failure to comply with the provisions of these Regulations can result in various offences, penalties, and consequences. While the specific penalties are not detailed in the excerpt provided, the Fisheries Management Act 1991 and related legislation typically outline penalties for breaches, which can include fines and, in some cases, criminal charges. The severity of the penalties can depend on the nature and extent of the breach, with more serious or repeated violations potentially leading to higher fines or other legal consequences. It is essential for parties governed by these Regulations to adhere to the outlined requirements to avoid any potential penalties or legal issues.