Fisheries Management (Southern and Eastern Scalefish and Shark Fishery) Regulations 2004
Statutory Rules 2004 No. 336 as amended
made under the
Fisheries Management Act 1991
This compilation was prepared on 4 August 2011
taking into account amendments up to SLI 2011 No. 135
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement
3 Interpretation
8 Presumed weight of take for processed fish
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Fisheries Management (Southern and Eastern Scalefish and Shark Fishery) Regulations 2004.
2 Commencement
These Regulations commence on 1 January 2005.
3 Interpretation
(1) In these Regulations:
Act means the Fisheries Management Act 1991.
fish receiver means a holder of a fish receiver permit granted under section 91 of the Act.
(2) The following terms have the same meaning in these Regulations as they have in the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003:
(a) boat statutory fishing right;
(b) fishery;
(c) holder;
(d) quota statutory fishing right.
8 Presumed weight of take for processed fish
The weight of a take of fish of a species mentioned in an item in column 1 of the table, if not delivered whole to a fish receiver, is presumed to be:
(a) if the fish is delivered gutted — the weight of the fish multiplied by the factor in column 2 of the item; or
(b) if the fish is delivered gutted with the head removed — the weight of the fish multiplied by the factor in column 3 of the item; or
(c) if the fish is delivered filleted — the weight of the fish multiplied by the factor in column 4 of the item.
Table of conversion figures
Species | gutted fish conversion figure | headed and gutted fish conversion figure | filleted fish conversion figure |
Blue eye trevalla | 1.10 | 1.40 | 2.30 |
Blue grenadier | 1.10 | 1.50 | 2.10 |
Blue warehou | 1.10 | 1.50 | 2.50 |
Flathead | 1.10 | 1.50 | 2.50 |
Gemfish | 1.10 | 1.25 | 2.00 |
Jackass morwong | 1.10 | 1.50 | 2.50 |
John dory | 1.10 | 1.50 | 2.60 |
Ling | 1.10 | 1.50 | 2.10 |
Mirror dory | 1.10 | 1.50 | 2.50 |
Ocean perch | 1.10 | 1.50 | 2.50 |
Orange roughy | 1.10 | 2.00 | 4.00 |
Redfish | 1.10 | 1.50 | 2.50 |
School whiting | 1.10 | 1.50 | 2.50 |
Silver trevally | 1.10 | 1.50 | 2.50 |
Spotted warehou | 1.10 | 1.50 | 2.50 |
Notes to the Fisheries Management (Southern and Eastern Scalefish and Shark Fishery) Regulations 2004
Note 1
The Fisheries Management (Southern and Eastern Scalefish and Shark Fishery) Regulations 2004 (in force under the Fisheries Management Act 1991) as shown in this compilation comprise Statutory Rules 2004 No. 336 amended as indicated in the Tables below.
Table of Instruments
Year and
Number | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
2004 No. 336 | 8 Dec 2004 | 1 Jan 2005 | |
2011 No. 135 | 3 Aug 2011 (see F2011L01592) | 4 Aug 2011 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 3................. | am. 2011 No. 135 |
R. 4................. | rep. 2011 No. 135 |
R. 5................. | rep. 2011 No. 135 |
R. 6................. | rep. 2011 No. 135 |
R. 7................. | rep. 2011 No. 135 |
R. 9................. | rep. 2011 No. 135 |
R. 10................ | rep. 2011 No. 135 |
Overview
The Fisheries Management (Southern and Eastern Scalefish and Shark Fishery) Regulations 2004 were enacted to provide detailed rules and guidelines for the management of the Southern and Eastern Scalefish and Shark Fishery under the Fisheries Management Act 1991. These regulations were introduced to address the need for comprehensive and specific regulatory frameworks that ensure sustainable fishing practices, effective quota management, and the conservation of fish stocks within the specified fishery area. The enacting body was the Parliament of Australia, with the intent to harmonise regulatory measures with the broader objectives of the Fisheries Management Act 1991, which aims to ensure the sustainable use of Australia's fisheries resources. The overarching policy objective is to balance the economic interests of fishers with the ecological imperative of preserving marine biodiversity and fish populations for future generations.
Scope and Application
The Fisheries Management (Southern and Eastern Scalefish and Shark Fishery) Regulations 2004, made under the Fisheries Management Act 1991, apply to the management of the Southern and Eastern Scalefish and Shark Fishery. The regulations govern the operations and activities of persons and entities involved in this fishery, including the handling, processing, and reporting of fish catches, as well as the issuance and management of statutory fishing rights. The regulations are applicable nationally within Australian waters, ensuring a cohesive approach to the management of these fisheries across state boundaries. Certain exclusions and exemptions may apply to small-scale operations or specific species as detailed in the regulations or the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. The application and interpretation of these regulations can be extended or modified through subordinate instruments, which may include additional conversion factors or specific operational guidelines.
Key Provisions
The Fisheries Management (Southern and Eastern Scalefish and Shark Fishery) Regulations 2004 (the Regulations) govern the management of the fishery for certain species within the Southern and Eastern Scalefish and Shark Fishery (sections 1-3). The Regulations came into force on 1 January 2005 under the Fisheries Management Act 1991 (section 2). They define key terms such as 'fish receiver' and incorporate terms from the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (section 3). One significant provision is the presumed weight of fish taken, which is detailed in section 8. This section outlines how the weight of fish that are not delivered whole to a fish receiver is determined, using specific conversion factors based on the condition of the fish—whether they are delivered gutted, headed and gutted, or filleted.
The Regulations impose obligations on parties involved in the fishery, such as holders of fish receiver permits, to ensure they comply with the specified conversion factors when reporting the weight of fish taken. Fish receivers must accurately report the weight of fish delivered to them, whether whole or processed, in accordance with the conversion factors provided in the Regulations. This requirement ensures that the data collected is consistent and reliable for management purposes. Additionally, any person involved in the processing or delivery of fish must adhere to these standards to ensure accurate reporting and compliance with fishery management plans.
Breaching the provisions of the Regulations can result in various consequences. For instance, inaccurate reporting of fish weights can lead to penalties under the Fisheries Management Act 1991. The specific penalties for breaches are not detailed in the Regulations themselves but are generally governed by the overarching Act. Potential penalties may include fines or other civil or criminal sanctions, depending on the severity and intent of the breach. The maximum penalties would be determined based on the relevant provisions of the Fisheries Management Act 1991, which could include significant fines and, in more severe cases, criminal charges. Compliance with the Regulations is therefore crucial to avoid these potential penalties and to ensure the sustainable management of the fishery.