Fisheries Management (Small Pelagic Fishery) Regulations 2010

Overview

The Fisheries Management (Small Pelagic Fishery) Regulations 2010 were enacted to address the need for a comprehensive and detailed Register of Statutory Fishing Rights (SFR) for the small pelagic fishery, in accordance with the Fisheries Management Act 1991. The regulations were introduced by the Minister for Agriculture, Fisheries and Forestry and are designed to implement the Small Pelagic Fishery Management Plan 2009 by ensuring that the Register maintained by the Australian Fisheries Management Authority (AFMA) contains essential details for each statutory fishing right granted. This includes the holder's personal information, contact details, and specific boat identification. The policy objective is to facilitate the effective administration of the fishery, including the management of SFR transfers, by maintaining an up-to-date and detailed SFR Register. The regulations outline the specific particulars that AFMA must include in the SFR Register, such as the holder's name, contact information, and boat details, thereby supporting the operational efficiency and regulatory compliance within the small pelagic fishery. As mandated by the Fisheries Management Act 1991, these regulations ensure that the Register serves as a crucial administrative tool for managing the fishery, reflecting the comprehensive consultation undertaken during the development of the Small Pelagic Fishery Management Plan 2009. The Regulations are intended to come into effect on the day following their registration on the Federal Register of Legislative Instruments.

Scope and Application

The Fisheries Management (Small Pelagic Fishery) Regulations 2010 apply to the management and regulation of the small pelagic fishery within the Australian Fishing Zone, specifically from near the Queensland/New South Wales border around southern Australia to a line at latitude 31° south. These regulations are made under the Fisheries Management Act 1991 and are designed to implement the Small Pelagic Fishery Management Plan 2009 by establishing a Register of Statutory Fishing Rights (SFR). This register, to be maintained by the Australian Fisheries Management Authority (AFMA), includes specific details of holders of statutory fishing rights and their nominated boats. The information required in the register encompasses the holder's name, contact information, ABN and ACN (if applicable), and details about the boat such as its name and identification code or distinguishing symbol. The regulations ensure that AFMA updates the register with any new relevant particulars as they become available, facilitating the administration of SFRs, including the administration of SFR transfers, within the small pelagic fishery. The regulations are applicable nationally across the specified fishing zone and are a legislative instrument under the Legislative Instruments Act 2003, coming into effect upon registration on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of the Fisheries Management (Small Pelagic Fishery) Regulations 2010 (the Regulations) provide a detailed framework for maintaining a Register of Statutory Fishing Rights (the Register) for the Small Pelagic Fishery, in accordance with section 45 of the Fisheries Management Act 1991 (the Act). Regulation 4 of the Regulations specifies the particulars that must be entered in the Register for each fishing right granted by the Australian Fisheries Management Authority (AFMA). These particulars include the name of the statutory fishing right (SFR) holder, their contact information, and the name and identification code or distinguishing symbol of any nominated boats (Regulation 4(1) and (2)). The Regulations also ensure that the Register contains additional details such as the holder’s Australian Business Number and Australian Company Number if applicable (Regulation 4(1)). AFMA is required to update the Register with any new relevant particulars as they become available. The Regulations impose several obligations on AFMA, the primary duty-bearer under the Act. AFMA must maintain the Register in accordance with the particulars specified in Regulation 4, ensuring that all statutory fishing rights granted under the Small Pelagic Fishery Management Plan 2009 (the Plan) are accurately and comprehensively recorded. This includes collecting and entering the holder’s name, contact information, and details of any nominated boats. AFMA also has the responsibility to update the Register as new information becomes available, ensuring that the Register remains current and accurate. The Regulations do not impose specific obligations on the holders of statutory fishing rights but require them to provide AFMA with the necessary information to update the Register. The Act and the Regulations do not explicitly outline specific offences or penalties for failure to comply with the requirements of the Register. However, non-compliance with the Act or the Regulations could potentially lead to civil or administrative penalties under the Fisheries Management Act 1991. Under section 186 of the Act, a person who contravenes a provision of the Act, or the regulations or a direction made under the Act, may be liable to a penalty of up to $10,500 for an individual and up to $52,500 for a body corporate. In addition, the Minister may apply to the Federal Court for an order requiring compliance with the Act or regulations, or prohibiting a contravention of them. Failure to maintain the Register accurately or provide required information could therefore lead to enforcement actions under the Act.