Fisheries Management Regulations (Amendment)

Overview

The Fisheries Management Regulations (Amendment) 1994, issued under the authority of the Minister for Resources, were introduced to address the practical difficulties in enforcing the Fisheries Management Act 1991 in areas outside the Australian fishing zone where Southern Bluefin Tuna (SBT) and Northern Bluefin Tuna (NBT) are fished. The objective of the amendment is to enhance the effectiveness of enforcement by ensuring the Management Act applies to all fishing activities related to SBT and NBT within the specified area, thus fulfilling Australia’s obligations under the Convention for the Conservation of Southern Bluefin Tuna. The amendment aims to prevent alleged offenders from disputing the application of the Management Act by denying them the opportunity to claim that they were fishing for NBT instead of SBT or that their catch of SBT was incidental. By expanding the scope of the Act's application to include NBT, the amendment simplifies enforcement and reduces the administrative burden associated with distinguishing between the two species.

Scope and Application

The Fisheries Management Regulations (Amendment) 1994 No. 419 applies to the extension of the Fisheries Management Act 1991 to areas outside the Australian Fishing Zone (AFZ) in order to ensure compliance with the Convention for the Conservation of Southern Bluefin Tuna. This amendment specifically applies to all fishing activities related to Southern Bluefin Tuna (SBT) and Northern Bluefin Tuna (NBT) within the defined area that covers the known distribution of these species. The regulations target Australian fishers and boats to ensure they adhere to the measures and quota decided by the Commission established under the Convention. The amendment aims to enhance enforcement effectiveness by removing the loophole that allowed alleged offenders to dispute the application of the Management Act based on the identification of fish species or fishing intentions. The Regulations also repeal Regulation 19A of the principal Regulations, which previously prescribed when the levy imposed by the Fishing Levy Act 1991 was due and payable, as this function is now addressed individually in each regulation that prescribes the levy under the Levy Act. The Regulations commenced on gazettal and cover the Commonwealth jurisdiction, extending the reach of the Management Act to better manage and protect the specified species within the defined area.

Key Provisions

The Fisheries Management Regulations (Amendment) 1994 No. 419 amends the Fisheries Management Regulations (the principal Regulations) under the Fisheries Management Act 1991 (the Management Act). The principal change introduced by these regulations is the extension of the application of the Management Act to include fishing activities relating to both Southern Bluefin Tuna (SBT) and Northern Bluefin Tuna (NBT) in a specified area outside the Australian fishing zone (AFZ) (Regulation 2). Regulation 1 provides for the amendment of the principal Regulations, and Regulation 3 repeals Regulation 19A of the principal Regulations, which is no longer necessary as each regulation that prescribes a levy under the Fishing Levy Act 1991 is now also specifying when that levy is due and payable under the Management Act. The obligation imposed on the parties governed by the Management Act is that any person or Australian boat fishing for SBT or NBT in the specified area outside the AFZ must comply with the requirements of the Management Act. This includes adhering to measures and quotas set by the Convention for the Conservation of Southern Bluefin Tuna, which Australia is obliged to enforce. This amendment aims to ensure that fishing activities in the specified area are conducted in a manner consistent with conservation measures and to prevent disputes regarding the applicability of the Management Act to these activities. Under the amended Regulation 4 (2), any person or Australian boat fishing for SBT or NBT in the defined area is subject to the same regulatory requirements as if they were fishing within the AFZ, including the obligation to hold an appropriate fishing permit and to comply with all applicable regulations and quotas. Failure to comply with these requirements could lead to enforcement actions, including fines and potential legal proceedings. The regulations also ensure that the application of the Management Act to these fishing activities is clear, reducing the opportunities for alleged offenders to dispute the applicability of the Act on the grounds that the fish caught were NBT rather than SBT or that they were not intentionally fishing for SBT. The regulations do not explicitly state penalties for breaches of the amended provisions. However, breaches of the Management Act generally can result in significant penalties. Under Section 276 of the Management Act, a person who contravenes a regulation may be liable for a penalty of up to 500 penalty units for an individual and up to 2,500 penalty units for a body corporate. Additionally, under Section 277, a person who engages in fishing without a permit or in contravention of the permit conditions can be subject to fines of up to 1,000 penalty units for an individual and 5,000 penalty units for a body corporate. These penalties underscore the importance of compliance with the Management Act and its regulations.