Fisheries Management Regulations (Amendment) 1996 No. 67
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 67
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 Governor-General 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.
Subsection 14(1) of the Act provides that, for the purpose of conserving the marine environment, the regulations may prohibit, or make provision for the regulation of, the engaging in specified activities, or the use of specified practices, by, among others, persons (including foreign persons) engaged in fishing in the Australian fishing zone (AFZ).
The Fisheries Management Regulations (the principal Regulations) prescribe matters in support of the Act. In particular, regulation 19A of the Regulations previously required that Australian persons using pelagic or drifting longline fishing methods in waters south of the parallel of Latitude 30' South, use a Tori pole equipped with a bird line and streamer pairs (collectively known as Tori pole apparatus) when setting the longline. Schedule 3D of the principal Regulations provided minimum standards for construction and deployment of the Tori pole apparatus.
Tori pole apparatus works by frightening sea birds away from baited hooks on a longline while the hooks are floating near the surface of the water during deployment of the longline.
The purpose of the Fisheries Management Regulations (Amendment) (the Regulations) is to amend regulation 19A of, and Schedule 3D to the principal Regulations to:
* apply the existing requirements for use of Tori pole apparatus to operators and crew of foreign fishing boats using pelagic or drifting longline fishing methods in the part of the Australian fishing zone that lies south of the parallel of Latitude 30' South; and
* adapt the existing minimum standards for Tori pole apparatus to take account of the generally larger size of the foreign boats on which those methods are employed, when compared with Australian boats using those methods.
The Regulations extend the requirement to use Tori pole apparatus in the manner discussed above, to implement the results of recent negotiations with Japan on foreign access to the AFZ. At present, the only foreign boats fishing in the AFZ ate Japanese boats.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides that the Regulations amend the principal Regulations.
Regulation 2 amends regulation 19A by way of omission of the existing regulations and substitution of a new regulation, to extend the application of the regulation to foreign boats fishing in the circumstances described above.
Regulation 3 amends Schedule 3D to adapt the minimum standards for Tori pole apparatus to apply to the larger foreign boats, as discussed above. The only matter requiring adaptation is the length of the streamer pairs, as the larger foreign boats mount Tori poles higher above the water than the equivalent Australian boats.
Overview
The Fisheries Management Regulations (Amendment) 1996 No. 67, issued under the authority of the Minister for Resources and Energy, was enacted to amend the Fisheries Management Regulations, 1991, to address the problem of seabird interactions with longline fishing methods in the Australian fishing zone (AFZ). The policy objective of this amendment was to ensure that the existing conservation measures for marine life, particularly sea birds, would also apply to foreign fishing vessels operating within the AFZ, thus aligning foreign fishing practices with Australian environmental standards. This regulatory change was implemented in response to negotiations with Japan regarding foreign access to the AFZ, with a focus on adapting the existing requirements for the use of Tori pole apparatus to the larger foreign vessels that currently operate within the specified fishing zone.
Scope and Application
The Fisheries Management Regulations (Amendment) 1996 No. 67 applies to all foreign fishing vessels operating in the Australian Fishing Zone (AFZ) south of the parallel of Latitude 30 degrees South, specifically those using pelagic or drifting longline fishing methods. These regulations amend the Fisheries Management Regulations to extend the existing requirements for the use of Tori pole apparatus to foreign operators and crew, thus enforcing the same standards currently applied to Australian vessels. The Tori pole apparatus, designed to deter seabirds from baited hooks, must now comply with adapted minimum standards reflecting the larger size of foreign boats. The amendments are a result of recent negotiations with Japan, which currently represents the sole foreign presence in the AFZ. The Regulations came into effect upon gazette and serve to implement these new requirements by modifying the existing regulation 19A and adapting Schedule 3D to accommodate the specifications of foreign fishing practices.
Key Provisions
The Fisheries Management Regulations (Amendment) 1996 No. 67 introduces changes to the Fisheries Management Regulations to extend the requirements for using Tori pole apparatus to foreign fishing boats operating in specific areas of the Australian fishing zone (AFZ). Regulation 2 (s.2) alters regulation 19A of the principal regulations by expanding its scope to include foreign fishing vessels that use pelagic or drifting longline fishing methods in waters south of the 30° South latitude. This amendment is significant as it ensures that all vessels, regardless of nationality, must adhere to the same environmental protection measures designed to reduce seabird bycatch. Regulation 3 (s.3) further amends Schedule 3D to adjust the minimum standards for the Tori pole apparatus, specifically the length of the streamer pairs, to accommodate the larger size of foreign boats. This change reflects the outcome of negotiations with Japan, ensuring that the regulations are practical and effective for the larger vessels currently operating in the AFZ.
The obligations imposed by these Regulations on the parties governed by them include ensuring that foreign fishing boats comply with the new requirements for the use of Tori pole apparatus. This means that operators and crew must be familiar with and implement the use of Tori pole apparatus, including the adapted minimum standards, when engaging in pelagic or drifting longline fishing activities in the specified areas of the AFZ. Additionally, compliance officers and regulatory bodies are tasked with monitoring adherence to these regulations, conducting inspections, and enforcing the provisions to ensure conservation objectives are met. Failure to comply with these requirements may result in legal action against the operators and the vessel owners.
Breaches of these regulations can result in both civil and criminal consequences. Under the Fisheries Management Act 1991, failure to comply with the amended regulations can be considered an offence, potentially leading to criminal charges. The specific penalties for breaches are not detailed in the explanatory statement but can include fines and other sanctions as prescribed by the Act. Furthermore, operators and crew found non-compliant may face additional civil penalties, which could include monetary fines or other remedial actions as determined by the relevant authorities. These consequences underscore the importance of adhering to the regulations to avoid legal repercussions and to contribute to the conservation efforts within the AFZ.