Fisheries Management Regulations (Amendment) 1993 No. 118
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 118
Issued by the Authority of the minister for Resources
Fisheries Management Act 1991
Fisheries Management Regulations (Amendment)
Subsection 4(7) of the Fisheries Management Act 1991 (the Act) provides that an amendment to the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America (the Treaty) will not have effect for the purposes of the Act unless Regulations are made declaring that the amendments have effect for the purposes of the Act. The Treaty forms the Schedule to the Act.
Section 168 of the Act empowers the Governor-General to make regulations for the purposes of the Act.
Prior to commencement of the Act, Commonwealth fisheries were subject to the Fisheries Act 1952 (the Fisheries Act). When the Fisheries Act was repealed by subsection 3(2) of the Fisheries Legislation (Consequential Provisions) Act 1991, Part IVA was perpetuated for a further two years. The consequence of this is that fisheries (or parts of fisheries) which are the subject of agreements made under Part IVA, continue to be managed under the Fisheries Act, instead of being managed under the Act, until the sunset provisions of the Consequential Provisions Act take effect. Fisheries that continue to be managed under the Act in this manner are known as "Part IVA fisheries".
Australia is one of 16 parties to the Treaty which currently allows up to 50 united States (US) tuna purse seine vessels to operate in the Western Pacific, targeting skipjack and yellowfin tunas. The Treaty entered into force on 15 June 1988. Its financial provisions will expire on 15 June 1993. Amendments to the Treaty have been negotiated between Pacific Island Parties and the United States of America which provide for improved financial arrangements. The amendments also include modification to the Annexes detailing the terms and conditions under which US vessels obtain access.
The amendments to the Treaty will be in force for ten years and will be reviewed after five years. They include a lump sum of US$18 million per year, of which US$14 million is to be paid by the US Government and US$4 million is to be paid by US industry, and contain specific cost recovery provisions which will be paid in a lump sum. The number of vessels under the Treaty will increase from 50 to 55. The amendments also include new provisions requiring vessels to be marked in accordance with Food and Agriculture organisation guidelines, and specific provisions laying down reporting requirements for transhipment of catch.
In approving Australian signature and ratification of the Treaty in 1987, the Government agreed that minor amendments to the Treaty should be approved by the minister responsible for fisheries matters. The amendments to the Treaty do not change policy or financial considerations from those approved by the Government when the Treaty came into force in 1987.
The Treaty provides for US boats to have access to a portion of the East Coast Tuna Purse Seine Fishery (ECTPS fishery), known "US Treaty Access Area". The US Treaty Access Area is as the in a portion of the ECTPS fishery that is a Part IVA fishery. The amendments to the Treaty provide for modifications to the Annexes detailing terms and conditions under which US boats would be granted access. As the ECTPS fishery is a Part IVA fishery, US boats desiring access to the US Treaty Access Area would need to be granted an authorisation (namely, a foreign fishing boat licence) under the Fisheries Act to secure that access.
To implement the amendments to the Treaty and in accordance with subsection 4(7) of the Act, Regulations under section 168 of the Act are required. The Regulations cause the amendments to the Treaty to take effect for the purposes of the Act, and append the amendments as a new Schedule to the Fisheries Management Regulations.
It is intended that the Regulations take effect to coincide with Australia's notification of acceptance of the amended Treaty, and need to be in place no later than 15 June 1993 when the amended Treaty is to be signed.
Details of the Regulations are as follows:
Regulation 1 provides for citation of the Regulations.
Regulation 2 provides for commencement of the amended Treaty.
Regulation 3 adds the text of the Treaty as a new Schedule.
The Schedule to the Regulations sets out the amendments to the
The proposed Regulations will commence on Gazettal.
Overview
The Fisheries Management Regulations (Amendment) 1993 No. 118 were enacted to address the need to update the regulatory framework governing Australia's participation in the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America. This legislation is an amendment to the Fisheries Management Regulations 1991, issued under the authority of the Fisheries Management Act 1991. The primary policy objective of these regulations is to ensure that amendments to the Treaty, which govern the access of US tuna purse seine vessels to Australian waters, are legally enforceable within the Australian jurisdiction. By updating the existing regulations, the amendment ensures continued compliance with the Treaty’s new financial and operational terms, while maintaining the integrity of Australia's fisheries management policies.
Scope and Application
The Fisheries Management Regulations (Amendment) 1993 No. 118 applies to the fisheries sectors within the Australian jurisdiction that are subject to the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America. This includes the specific Part IVA fisheries, such as the East Coast Tuna Purse Seine Fishery, which permits US tuna purse seine vessels to target skipjack and yellowfin tunas in a designated area. The regulations are necessitated by amendments to the Treaty, which include financial arrangements, vessel access terms, and reporting requirements. These regulations are made under the authority of the Fisheries Management Act 1991 and are required to ensure that the amendments to the Treaty are legally enforceable within Australia. The Regulations will take effect on the date of their gazette and are intended to align with Australia's acceptance of the amended Treaty by 15 June 1993. The amendments do not alter the fundamental policy or financial considerations agreed upon when the original Treaty was ratified.
Key Provisions
The Fisheries Management Regulations (Amendment) 1993 No. 118 are primarily concerned with the integration of amendments to the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America into Australian law. Under Section 4(7) of the Fisheries Management Act 1991, the amendments to the Treaty will not take effect for the purposes of the Act unless corresponding regulations are made (Section 168). Regulation 2 specifies the commencement of the amended Treaty, ensuring it aligns with Australia's acceptance of the new terms. Regulation 3 appends the text of the amended Treaty as a new Schedule to the Fisheries Management Regulations. The Schedule itself details the modifications to the Treaty, including changes to financial provisions, the number of US vessels permitted, and new guidelines for vessel marking and reporting requirements.
These Regulations impose several obligations on the parties involved. For the US vessels, they must now comply with the new financial and operational provisions outlined in the amended Treaty, including the increased lump sum payments and the specific cost recovery mechanisms. Additionally, vessels must adhere to the new marking and reporting requirements as stipulated by the Food and Agriculture Organisation guidelines and the Treaty's provisions. On the Australian side, the Fisheries Management Act 1991 will govern the management of the fisheries affected by the Treaty, ensuring that any US vessels accessing Australian waters do so under the authority of a foreign fishing boat licence granted under the Fisheries Act. The Australian government must also ensure that the amended Treaty is integrated into its regulatory framework effectively, which these Regulations facilitate.
Breach of the provisions set out in these Regulations could result in significant legal consequences. For instance, US vessels operating in Australian waters without the requisite foreign fishing boat licence would be in violation of the Fisheries Management Act 1991. Such violations could lead to the seizure of the vessel, fines, and other penalties as determined by Australian law. The maximum penalties for contravening the Act can include substantial fines and imprisonment, depending on the severity of the breach. Additionally, failure to comply with the financial obligations and operational requirements outlined in the amended Treaty could lead to diplomatic repercussions between Australia and the United States.