Fisheries Management Regulations (Amendment) 1997 No. 278
EXPLANATORY STATEMENT
STATUTORY RULES 1997 No. 278
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. Paragraph 168(2)(p) of the Act 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.
Subsection 92(2) of the Act provides that the Governor-General may make regulations which require fish receiver permit holders (those persons authorised to receive fish from persons engaged in commercial fishing in a specified fishery declared under subsection 91(1)) 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 three new matters:
* the first matter relates to returns required to be submitted to the Australian Fisheries Management Authority (AFMA) by fish receiver permit holders. The Regulations amend subregulation 10B(3) to include the South East Non-Trawl Fishery as a fishery to which returns relate. The Regulations require holders of fish receiver permits who receive fish from a person engaged in fishing in the South East Non-Trawl Fishery to give to AFMA a return in respect of those fish. In addition, the Regulations require that such a return include a declaration by the receiver that they have observed the weighing of each species of fish received and a declaration of the weights observed.
* the second matter relates to amendments to the boundaries of the North West Slope Fishery (NWSF) and the Western Deep Water Trawl Fishery (WDWTF) as defined in Schedule 1A, Part 6 and Part 12 and the inclusion of the area of the Heard Island and McDonald Islands Fishery as an additional part to the Area of Fisheries in Schedule 1A of the Act.
* the third matter relates to the deletion of a reference to a sector within the Eastern Tuna and Billfish Fishery, to take account of recent amendments made to the area of waters for the fishery in the Principal Regulations.
The Regulations commence on 1 October 1997. Details of the Regulations are set out below:
Regulation 1 provides that the Regulations commence on 1 October 1997.
Regulation 2 provides that the Regulations amend the principal Regulations.
Regulation 3 omits paragraph 4C(1)(b) of the principle Regulations.
Regulation 4 amends Subregulation 10B(2) to add a reference to fishing in the SouthEast Non-trawl Fishery.
Regulation 5 inserts a new Part 3A to Schedule 1A (Area of Fisheries) to include the area of the Heard Island and McDonald Islands Fishery.
Regulation 6 omits Part 6 of Schedule 1A and substitutes it with a new Part 6 to provide for amended boundary area for the North West Slope Fishery.
Regulation 7 omits part 12 of Schedule 1A and substitutes it with a new Part 12 to provide for an amended boundary area for the Western Deep Water Trawl Fishery.
Overview
The Fisheries Management Regulations (Amendment) 1997 No. 278, issued under the authority of the Minister for Resources and Energy, amends the principal Fisheries Management Regulations to address specific issues in the management and regulation of fisheries within the Australian Fishing Zone (AFZ). These amendments were introduced to refine and update the regulatory framework in line with current fishing practices and to ensure compliance with the overarching objectives of the Fisheries Management Act 1991. The primary focus of these amendments includes the requirement for fish receiver permit holders to submit returns to the Australian Fisheries Management Authority (AFMA) for fish received from the South East Non-Trawl Fishery, adjustments to the boundaries of certain fisheries, and the incorporation of the Heard Island and McDonald Islands Fishery into the regulated areas. These changes aim to enhance the precision and effectiveness of fisheries management, thereby supporting the sustainable use of marine resources.
Scope and Application
The Fisheries Management Regulations (Amendment) 1997 No. 278 amends the principal Fisheries Management Regulations, which are made under the Fisheries Management Act 1991. The Act applies to individuals and entities engaged in commercial fishing within the Australian Fishing Zone, which encompasses the waters surrounding Australia and its territories, excluding state waters within three nautical miles of the coast. The Amendment Regulations introduce modifications primarily focused on the South East Non-Trawl Fishery, the North West Slope Fishery, the Western Deep Water Trawl Fishery, and the Heard Island and McDonald Islands Fishery. The Regulations mandate that fish receiver permit holders provide detailed returns to the Australian Fisheries Management Authority, including specific declarations about the observed weighing of fish. Additionally, they update the geographical boundaries of certain fisheries to reflect recent changes. These amendments aim to enhance the precision and efficiency of fisheries management within the Australian Fishing Zone, ensuring compliance with the provisions set forth in the Act.
Key Provisions
The Fisheries Management Regulations (Amendment) 1997 No. 278 amend the principal Fisheries Management Regulations to implement three new matters as required or permitted by the Fisheries Management Act 1991. Firstly, Regulation 4 amends subregulation 10B(2) to mandate that fish receiver permit holders who receive fish from persons engaged in commercial fishing in the South East Non-Trawl Fishery must submit a return to the Australian Fisheries Management Authority (AFMA). This return must include a declaration by the receiver that they have observed the weighing of each species of fish received and a declaration of the weights observed. Secondly, Regulation 6 and Regulation 7 modify the boundaries of the North West Slope Fishery and the Western Deep Water Trawl Fishery respectively, as defined in Schedule 1A, Part 6 and Part 12 of the principal Regulations. Lastly, Regulation 3 deletes a reference to a sector within the Eastern Tuna and Billfish Fishery, to align with recent amendments made to the area of waters for the fishery in the principal Regulations. These changes aim to refine the management of fisheries and ensure compliance with the requirements set out in the Fisheries Management Act 1991.
The obligations imposed by these amendments on the parties governed by the Fisheries Management Act 1991 primarily concern fish receiver permit holders. These permit holders are required to submit specific returns to AFMA, including detailed declarations regarding the weighing of fish received from commercial fishing activities in the South East Non-Trawl Fishery. This involves maintaining accurate records of the weights observed and ensuring that these records are submitted as required by the Regulations. Additionally, the amendments necessitate that the boundaries of the North West Slope Fishery and the Western Deep Water Trawl Fishery be updated to reflect the new geographical definitions. Permit holders must be aware of and comply with these changes to ensure that their fishing activities are conducted within the correct fishery boundaries. Lastly, the deletion of a reference to a sector within the Eastern Tuna and Billfish Fishery requires permit holders to adjust their operations accordingly, ensuring they adhere to the latest regulations governing this fishery.
The Fisheries Management Regulations (Amendment) 1997 No. 278 also detail the consequences for non-compliance with the amended Regulations. While the explanatory statement does not explicitly outline specific offences or penalties, breaches of the Fisheries Management Act 1991 generally attract civil and criminal penalties. The Act empowers authorities to impose fines and, in severe cases, to prosecute individuals or entities for offences such as failing to submit required returns, providing false information, or conducting fishing activities outside designated fishery boundaries. The maximum penalties for such breaches can include substantial fines, imprisonment, or both, depending on the severity and intent of the violation. It is essential for permit holders and other regulated parties to adhere strictly to the amended Regulations to avoid facing these potential consequences.