Fisheries Management Regulations (Amendment) 1997 No. 186
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 186
Issued by the authority of the Minister for Resources and Energy
Fisheries Management Act 1991
Fisheries Management Regulations (Amendment)
Subsection 168(1) of the Fisheries Management Act 1991 (the Act) empowers the GovernorGeneral to make regulations required or permitted by the Act to be prescribed and regulations necessary or convenient to be prescribed in carrying out or giving effect to the Act. Subparagraph 168(2)(p) provides that regulations may be made prescribing short methods of reference to areas of the Australian Fishing Zone (AFZ) specified in the regulations and the purposes for which those methods of reference may be used.
Section 92(2) of the Act provides that the Governor-General may make regulations which require fish receiver permit holders to make and keep accounts and other records in respect of fish received by them and give returns or information in relation to fish received by them.
The Fisheries Management Regulations (the principal Regulations) prescribe matters in support of the Act, including the recording and furnishing of returns, and short methods of reference to the AFZ.
The Fisheries Management Regulations (Amendment) (the Regulations) amend the principal Regulations to implement 2 new matters:
* the first matter relates to the records required to be kept by fish receiver permit holders. Subregulations 10AB(3) and 10AC(3) provide that, in addition to other information required to be kept, a fish receiver permit holder must record the number (if any) of fish received or disposed of that was taken from the Eastern Tuna and Billfish Fishery and are any of the kinds listed in subregulations 10AB(3)(b) and 10AC(3)(b).
The Regulations amend subregulations 10AB(3) and 10AC(3) to remove the requirement that the record kept by fish receiver permit holders be of fish taken from the Eastern Tuna and Billfish Fishery. The subregulations require permit holders to record the numbers of any of the kinds of species listed in subregulations 10AB(3)(b) and 10AC(3)(b) that were received or disposed of, regardless of where the catch was taken from. This amendment ensures that AFMA is able to monitor the numbers of particular species of tuna and billfish received more accurately for stock assessment purposes, and thus more effectively maintain the integrity of its records and fisheries management. In addition, the amendment will assist AFMA's compliance and surveillance of possible misuses of the system such as persons operating outside AFMA's management arrangements.
The Regulations include, in addition to written records required to be kept by fish receiver permit holders, a requirement that fish receiver permit holders who receive scallops cut the tags attached to the bags of scallops received and retain these tags at the premises for a minimum of one year.
The Regulations also require a specimen signature to be given to AFMA, where a fish receiver permit holder authorises another person to sign returns that are required of fish receiver permit holders in the South East Fishery and the Southern Bluefin Tuna Fishery, on the first person's behalf
* the second matter relates to amendments to the boundaries of the Eastern Tuna and Billfish Fishery (ET&BF) and the Southern Tuna and Billfish Fishery (ST&BF) as defined in Schedule 1A, Part 3 and Part 11.
The amendments move the boundary between the Eastern Tuna and Billfish Fishery (ET&BF) and the Southern Tuna and Billfish Fishery (ST&BF) from 146 degrees E to 141 degrees E. The change means that the ET&BF includes those waters east of the South Australian/Victorian border which were previously part of the ST&BF Primary benefits that result from the boundary change include a simplification of licensing arrangements leading to more cost efficient management, a reduction in the number of levies that are required to be paid by permit holders in the fishery, and a more accurate reflection of the distribution of permits across the fisheries.
Except for Regulations 3, 4, 9 and 10, the Regulations commence on gazettal Regulations 3, 4, 9 and 10 commence on 1 July 1997.
Details of the Regulations are set out below:
Regulation 1 provides that Regulations 3, 4, 9 and 10 commence on 1 July 1997 (note that the remainder of the Regulations commence on gazettal).
Regulation 2 provides that the Regulations amend the principal Regulations.
Regulation 3 inserts a new paragraph 4C(1)(ka) which provides for a new sector division for the Eastern Tuna and Billfish Fishery.
Regulation 4 omits the reference to Zone Z from the Regulations.
Regulation 5 omits the reference to fish that "were taken from the Eastern Tuna and Billfish Fishery" and replaces it with subregulation 10AB(3) which provides that records must be kept of the number of the kinds of fish received listed in paragraph (b) which include yellowfin tuna, bigeye tuna, longtail tuna, albacore tuna, black marlin, blue marlin, striped marlin, broadbill swordfish, and fish of the family Bramidae.
Regulation 6 omits the reference to fish that "were taken from the Eastern Tuna and Billfish Fishery" and replaces it with subregulation 10AC(3) which provides that records must be kept of the number of the kinds of fish disposed of listed in paragraph (b) which include yellowfin tuna, bigeye tuna, longtail tuna, albacore tuna, black marlin, blue marlin, striped marlin, broadbill swordfish, and fish of the family Bramidae.
Regulation 7 inserts a new regulation 10AD which requires fish receiver permit holders who receive scallops to remove AFMA tags attached to bags of scallops received, and to retain these tags at the premises where the records of scallops received are kept for a minimum of one year.
Regulation 8 omits paragraph 10B(3)(c) and substitutes a new paragraph 10B(3)(c) to insert a requirement that returns required to be furnished to AFMA by fish receiver permit holders in the South East Fishery and the Southern Bluefin Tuna Fishery be signed by the permit holder or a person authorised by the permit holder, for whom AFMA holds a specimen signature.
Regulation 9 amends Schedule 1A Part 3 to omit Division 1 which defines the area of the fishery and inserts a new Division 1, containing a new description of the area of the fishery, and which incorporates the boundary change to the Eastern Tuna and Billfish Fishery (ET&BF) from 146 degrees E to 141 degrees E. The Regulation also provides for Division 2 (Sub-areas) items 6, 7 and 8 to be omitted and new items 6, 7 and 8 to be inserted, and for a new item 10 to be inserted at the end of Division 2 (Sub-areas).
Regulation 10 amends Schedule 1A Part 11 by omitting Part 11 (Area of the Southern Tuna and Billfish Fishery) and inserting a new Part 11 to reflect the boundary change from 146 degrees E to 141 degrees E.