EXPLANATORY STATEMENT
Issued by the Australian Fisheries Management Authority
Fisheries Management Act 1991
Fisheries Management (Fish Receiver Permits) Declaration 2018
The determination is a legislative instrument for the purposes of the Legislation Act 2003, and is subject to disallowance and sunsetting under sections 42 and 50 of that Act respectively. It replaces the Fish Receiver Permits Declaration 2017.
Subsection 91(1) of the Fisheries Management Act 1991 (the Act) provides that ‘AFMA may, by notice published in the Gazette, declare a specified fishery to be a fishery to which [Division 2 of Part 6 of the Act] applies’. If Division 2 of Part 6 of the Act applies to a fishery:
(1) AFMA may grant to a person a fish receiver permit authorising the person to receive fishing from a person engaged in commercial fishing in the fishery (see subsection 91(2) of the Act);
(2) a person holding a fish receiver permit under subsection 91(2) of the Act is required to make and keep accounts and records, and is required to give returns of such information to AFMA, under Part 4 of the Fisheries Management Regulations 1992 (the Regulations); and
(3) by way of sections 9H and 9I of the Regulations, a person holding a fishing concession in that fishery is required to dispose of any fish taken in the course of commercial fishing to a holder of a fish receiver permit.
Objectives of the instrument
The instrument repeals and remakes the Logbooks for Fisheries Declaration 2017 to remove the declaration that Division 2 of Part 6 of the Act applies to the Bass Strait Central Zone Scallop Fishery, and to make other minor technical amendments.
Consultation with stakeholders
The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Determination (OBPR ID 23877).
Consultation with Scallop Statutory Fishing Rights holders and Fish Receiver Permit Holders occurred during June and July 2018. The Scallop Management Advisory Committee was also consulted at its meeting 21 June 2018.
The instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.
Determination
The details of this determination are set out below:
Clause 1 provides that the instrument may be cited as the Fisheries Management (Fish Receiver Permits) Declaration 2018.
Clause 2 provides that the instrument commences on the day after it is registered on the Federal Register of Legislation.
Clause 3 provides that the instrument is made under section 91 of the Act.
Clause 4 prescribes relevant definitions for the instrument.
Clause 5 provides authority for the application of the Schedules to the instrument.
Clause 6 declares that the fisheries listed in subsection (2) of that clause are fisheries to which Division 2 of Part 6 of the Act applies.
Schedule 1 repeals the Logbooks for Fisheries Determination 2017.
Overview
The Fisheries Management (Fish Receiver Permits) Declaration 2018 was enacted to address administrative inefficiencies and clarify regulatory obligations within the Bass Strait Central Zone Scallop Fishery. This legislation, introduced by the Australian Fisheries Management Authority (AFMA), amends the Fisheries Management Act 1991 to refine the scope of fish receiver permits in the specified fishery. The policy objective of this instrument is to streamline the regulatory framework for fish receiver permits, ensuring that the requirements for record-keeping and reporting are clear and enforceable, while also providing flexibility in the management of commercial fishing activities. The determination replaces the previous Logbooks for Fisheries Declaration 2017, incorporating minor technical amendments to improve the administration and compliance of the fishery.
Scope and Application
The Fisheries Management (Fish Receiver Permits) Declaration 2018 applies to the fisheries identified in its Schedule, specifically removing the application of Division 2 of Part 6 of the Fisheries Management Act 1991 to the Bass Strait Central Zone Scallop Fishery. This Act governs the issuance of fish receiver permits, which authorise persons to receive fish from commercial fishers within specified fisheries, as well as the associated record-keeping and reporting obligations. The application of this Act extends to any person or entity that engages in or facilitates the commercial fishing activities within the declared fisheries, requiring them to comply with the provisions outlined in the Act and the Fisheries Management Regulations 1992. This instrument has a national jurisdictional reach as it is a Commonwealth Act. The determination provides for the revocation of the previous Logbooks for Fisheries Determination 2017 and includes minor technical amendments to enhance regulatory clarity and compliance. The application of this Act may be further extended or restricted through subordinate instruments as necessary.
Key Provisions
The Fisheries Management (Fish Receiver Permits) Declaration 2018 (subsection 91(1) of the Fisheries Management Act 1991) allows the Australian Fisheries Management Authority (AFMA) to declare certain fisheries as subject to specific regulations regarding fish receiver permits. This declaration enables AFMA to grant fish receiver permits to authorised persons, permitting them to receive fish from commercial fishers within these fisheries (subsection 91(2)). The declared fisheries are subject to particular record-keeping and reporting obligations, as outlined in Part 4 of the Fisheries Management Regulations 1992. Additionally, fishing concession holders within these fisheries must dispose of any fish caught during commercial fishing operations to a holder of a fish receiver permit (sections 9H and 9I of the Regulations).
The Act imposes specific obligations on the parties involved. Fish receiver permit holders are required to maintain accurate accounts and records of their fish-receiving activities and submit these records to AFMA as stipulated in Part 4 of the Regulations. Furthermore, fishing concession holders are mandated to ensure that all fish taken in the course of commercial fishing are delivered to a permit holder, adhering to the provisions set out in sections 9H and 9I of the Regulations.
The legislation also delineates consequences for non-compliance. While the explanatory statement does not explicitly detail the offences, penalties, or consequences for breaches of the Act, it is understood that contraventions of fisheries management regulations may result in civil or criminal penalties. These penalties can include fines and, in severe cases, imprisonment, reflecting the seriousness of non-compliance with fisheries management laws. However, specific penalties and enforcement details are typically outlined in the relevant regulations or subsequent legislation.