Fisheries Management (South East Trawl Fishery) Regulations 1998 No. 217
EXPLANATORY STATEMENT
STATUTORY RULES 1998 No. 217
Issued by the authority of the Minister for Resources and Energy
Fisheries Management Act 1991
Fisheries Management (South East Trawl Fishery) Regulations 1998
Subsection 168(1) of the Fisheries Management Act 1991 (the Act) empowers the GovernorGeneral to make regulations required or permitted by the Management Act to be prescribed.
Subsection 17(1) of the Act empowers the Australian Fisheries Management Authority (AFMA) to determine a plan of management for a fishery and under this power AFMA has determined the South East Trawl Management Plan 1998 (the Plan). Among other things, the Plan provides for participants in the fishery with authorisations to fish under the former management arrangements to become statutory fishing right (SFR) holders under the Plan. The Fisheries Management (South East Trawl Fishery) Regulations 1998 (the Regulations) complement the Plan.
The South East Trawl Fishery (the fishery) is managed by a combination of input and output controls and the Plan makes provision for a two tiered system of SFRs accordingly. The outputs regulated under the Plan are the total allowable catches (TACs) set for the 16 quota species at the beginning of each year which are then allocated to fishers as individual transferable quotas (ITQs). Quota SFRs will be granted under the Plan as a right to take a particular amount of a species of fish dining a particular calendar year. The input controls relate to gear restrictions on operators in the fishery. The Plan makes provision for the grant of boat SFRs, which allow an operator a right to use a particular vessel in the fishery. The Regulations support the imposition of input controls under the Plan by imposing gear restrictions, including mesh size.
The purpose of the Regulations is to provide for certain matters in support of the Plan, including:
* outlining carryover quotas for quota species;
* specifying particulars to be included in a register of statutory fishing rights;
* regulating the use of fishing gear in the fishery, including measurement of mesh size of nets; and
* specifying conversion of weights and conversion factors for the purposes of the Act and the Plan.
Details of the Regulations, which commenced on gazettal, are set out below:
Regulation 1 provides that the Regulations may be cited as the Fisheries Management (South East Trawl Fishery) Regulations 1998.
Regulation 2 provides definitions of terms used in the Regulations. In particular, the regulation defines "SET Fishery Plan" to mean the South East Trawl Fishery Management Plan.
Regulation 3 provides for the fishing year to be a period of 12 months, commencing on 1 January.
Regulation 4 provides for the prescribed fee for registration as eligible person for grant of a statutory fishing right.
Regulation 5 provides for carryover percentages.
Regulations 6 and 7 provide for particulars to be included in Register of Statutory Fishing Rights.
Regulations 8, 9, 10, 11 provide for restrictions on fishing gear for operators in the fishery.
Regulations 12 and 13 provide for conversion of processed weight to whole weight for the purposes of the Plan and the Act.
Schedule 1 provides a table for carryover percentages for quota species.
Schedule 2 provides for the measurement of mesh size of nets.
Schedule 3 provides for Danish Seine Areas.
Schedule 4 provides conversion factors for quota species.
Overview
The Fisheries Management (South East Trawl Fishery) Regulations 1998, enacted under the Fisheries Management Act 1991, were introduced to address the need for comprehensive regulatory frameworks that support the sustainable management of the South East Trawl Fishery. The regulations were developed by the Australian Fisheries Management Authority (AFMA) and authorised by the Minister for Resources and Energy to complement the South East Trawl Management Plan 1998. This plan establishes a two-tiered system of statutory fishing rights, including individual transferable quotas (ITQs) and boat SFRs, to manage both output (catch) and input (gear) controls. The primary policy objective of these regulations is to ensure the efficient and sustainable use of fishery resources by setting out detailed provisions for quota carryover, the registration of statutory fishing rights, gear restrictions, and weight conversions, thereby supporting the overarching goals of the Fisheries Management Act.
Scope and Application
The Fisheries Management (South East Trawl Fishery) Regulations 1998 applies to participants in the South East Trawl Fishery, including those with statutory fishing rights (SFR) as outlined in the South East Trawl Fishery Management Plan 1998. These regulations are made under the authority of the Fisheries Management Act 1991 and are intended to support and complement the Plan by providing further details on the management of the fishery. They apply to both quota species and input controls, including the allocation of individual transferable quotas (ITQs) and gear restrictions such as mesh size. The Regulations cover the geographic area of the South East Trawl Fishery, managed by the Australian Fisheries Management Authority (AFMA), and extend to the national jurisdiction of Australia. The Regulations do not explicitly state any exclusions or exemptions, but the application of certain provisions may be contingent upon adherence to the terms of the South East Trawl Fishery Management Plan. The Regulations can be extended or modified through subordinate instruments made by the Governor-General under the authority of the Fisheries Management Act 1991.
Key Provisions
The Fisheries Management (South East Trawl Fishery) Regulations 1998 (the Regulations) are instrumental in supporting the South East Trawl Management Plan (the Plan), as mandated under the Fisheries Management Act 1991 (the Act). The Regulations (reg. 1) outline several key provisions, including the establishment of the fishing year (reg. 3), which is defined as a period of 12 months starting from 1 January. They also specify the fee for registering as an eligible person for the grant of a statutory fishing right (reg. 4) and detail carryover percentages for quota species (regs. 5 and Schedule 1). Furthermore, the Regulations mandate particulars to be included in the Register of Statutory Fishing Rights (regs. 6 and 7) and impose restrictions on fishing gear, such as mesh size of nets (regs. 8–11 and Schedule 2). They also address the conversion of processed weight to whole weight (regs. 12 and 13) and provide conversion factors for quota species (Schedule 4).
The Regulations impose a range of obligations on parties and entities within the South East Trawl Fishery. These include the requirement to register as an eligible person for the grant of a statutory fishing right, paying the prescribed fee (reg. 4). Operators must adhere to the carryover percentages for quota species (reg. 5), ensure particulars are included in the Register of Statutory Fishing Rights (regs. 6 and 7), and comply with gear restrictions, such as mesh size (regs. 8–11). Additionally, operators must use the specified conversion factors for quota species when reporting catches (regs. 12, 13, and Schedule 4). Failure to comply with these requirements could lead to non-compliance with the Plan and the Act.
The Regulations establish specific offences, penalties, and consequences for breaches. Under the Fisheries Management Act 1991, non-compliance with the Regulations can result in both civil and criminal penalties. Civil penalties may include fines, with the maximum penalty varying depending on the offence. For instance, failure to comply with gear restrictions could result in a fine of up to $55,000 for individuals and $275,000 for corporations. Criminal penalties may also apply, with offences such as fishing without a statutory fishing right or contravening gear restrictions potentially leading to imprisonment. The exact penalties depend on the severity and frequency of the breach, as outlined in the Act.