Fisheries Management (Northern Prawn Fishery) Amendment Regulations 2004 (No. 1) 2004 No. 235
EXPLANATORY STATEMENT
STATUTORY RULES 2004 No. 235
Issued by the authority of the Minister for Fisheries, Forestry and Conservation
Fisheries Management Act 1991
Fisheries Management (Northern Prawn Fishery) Amendment Regulations 2004 (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. Paragraph 168(2)(c) provides that regulations may be made providing for giving effect to, and enforcing the observance of, plans of management.
Section 17 of the Act provides for the making of plans of management for fisheries. Subsection 20(1) of the Act provides that the Australian Fisheries Management Authority (AFMA) may amend a plan of management.
The Northern Prawn Fishery Management Plan (the NPF Plan) came into existence in 1995. The NPF Plan provides for the management of the Northern Prawn Fishery (the Fishery) under a scheme of statutory fishing rights (SFRs). The NPF Plan was accompanied by the Fisheries Management (Northern Prawn Fishery) Regulations (the Principal Regulations) which complement the NPF Plan by prescribing particulars of the SFRs that must be entered on the Register of Statutory Fishing Rights (the Register) kept by AFMA under section 44 of the Act.
A SFR is defined in section 21 of the Act as including a range of rights to take a particular type, quantity or proportion of a catch of fish from, or from a particular area in, a managed fishery. Other rights are defined by reference to limits imposed by fishing plans, time or the use of particular vessels or equipment.
The purpose of the Regulations is to reflect a transition in the management of catch sizes in the Fishery by transferring to a different mode of granting SFRs.
Until 2000 the Fishery was managed through Class A SFRs, which related to the hull size and engine power of vessels used to catch prawns in the fishery.
After much discussion, gear SFRs were introduced in the fishery by an amendment to the NPF Plan in 2000. A gear SFR refers to a right to engage in a type of fishing using a specific amount of fishing gear, the particulars of which are specified in section 7 of the NPF Plan. More specifically, gear SFRs determine equipment dimensions associated with the size of the nets towed by a vessel. Since the size of the nets towed are closely related to the catching ability of the vessel and are also easily changed to accommodate management changes in fishing capacity to protect the stock, gear SFRs are a more effective means by which to manage the fishing effort in the fishery.
Subsequent to making changes to the plan of management in 2000, AFMA has now recommended corresponding changes to the Principal Regulations to reflect the move to gear SFRs. In particular, the Regulations would update the Principal Regulations to allow for the number of gear units and the equivalent headrope and footrope length to be recorded on the Register.
The Regulations would also allow for the recording of new units of measurement (specifically relevant to the gear SFRs) on the Register, and would alter the title of the Principal Regulations in line with current drafting practice by italicising and adding the year.
Details of the Regulations, which commenced on gazettal are set out below:
Regulation 1
Regulation 1 provides for the Regulations to be cited as the Fisheries Management (Northern Prawn Fishery) Amendment Regulations 2004 (No. 1).
Regulation 2
Regulation 2 provides that the Regulations commence on the date of their notification in the Gazette.
Regulation 3
Regulation 3 provides that Schedule 1 amends the principal Regulations.
Schedule 1 Item 1
Schedule 1 Item 1 substitutes the name Fisheries Management (Northern Prawn Fishery) Regulations with the name Fisheries Management (Northern Prawn Fishery) Amendment Regulations 1995 (No. 1).
Schedule 1 Item 2
Schedule 1 Item 2 substitutes Regulation 2, Notes 1 and 2 with one note, which explains some of the expressions used in the NPF Plan:
Gear statutory fishing right means a statutory fishing right described in section 7 of the NPF Plan;
Operational footrope, for a prawn trawl net, means the part of the footrope of the net that lies between the two outermost points at which the netting at the bottom of the net is attached to the footrope; and
Operational headrope, for a prawn trawl net, means the part of the headrope of the net that lies between the two outermost points at which the netting at the top of the net is attached to the headrope.
Schedule 1 Item 3
Schedule 1 Item 3 omits Paragraph 3(1)(c) of the principal Regulations.
Schedule 1 Item 4
Schedule 1 Item 4 substitutes Paragraph 3(1)(e) and provides that AFMA must enter in the Register, if the fishing right is a gear statutory fishing right - an indication whether the holder elects to hold the fishing right in relation to a Class B statutory fishing right under clause 23B of the NPF Plan.
Schedule 1 Item 5
Schedule 1 Item 5:
substitutes subparagraph 3(1)(g)(ii) and provides that AFMA must enter in the Register, if there is a nominated boat for the fishing right, the number of gear statutory fishing rights for the boat;
substitutes subparagraph 3(1)(g)(iii) and provides that AFMA must enter in the Register, if there is a nominated boat for the fishing right, the operational headrope and operational footrope equivalent, in metres, that the number of gear statutory fishing rights for the boat equate to;
omits subparagraph 3(1)(g)(iv); and omits subparagraph 3(1)(g)(v).
Schedule 1 Item 6
Schedule 1 Item 6 substitutes in subparagraph 3(1)(g)(vi) 'if a State authority' with 'if a Commonwealth or State authority'.
Schedule 1 Item 7
Schedule 1 Item 7 omits subparagraph 3(1)(g)(viii)
Schedule 1 Item 8
Schedule 1 Item 8, after subregulation 3(1) inserts:
(1A) AFMA may enter in the Register the following particulars in relation to a statutory fishing right granted in respect of the Northern Prawn Fishery if there is a nominated boat for the fishing right:
(a) details of the boat's breadth, depth, hull length, colour and hull underdeck volume;
(b) details of the type, serial number, aspiration, power (in kW), turbocharger number (if any) and aftercooler system (if any) of the boat's engine; and
(c) if a Commonwealth or State Authority issues a radio call sign for a radio carried on the boat - details of the call sign.
Schedule 1 Item 9
Schedule 1 Item 9 substitutes subregulation (1) with subregulation (1) or (1A).