EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 91
Issued by the authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Southern Squid Jig Fishery Management Plan 2005
Fisheries Management (Southern Squid Jig Fishery) Regulations 2006
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Section 45 of the Fisheries Management Act 1991 (the FMA) provides that a AFMA must enter certain information in the Register for each statutory fishing right (SFR) that it grants, including such particulars as are prescribed. The Fisheries Management (Southern Squid Jig Fishery) Regulations 2006 prescribe details that must be entered in the Register in relation to a nominated boat.
Section 23 of the Southern Squid Jig Fishery Management Plan 2005 (the Plan) states that the holder of an SFR may apply to have an Australian boat nominated against the SFR on the Register. Section 23(3) of the Plan provides that where AFMA approves a boat nomination, it must enter in the Register the details required by the regulations to be entered in the Register.
The Regulations prescribe that, for the purposes of paragraph 45(1)(f) of the Act, where a boat has been granted a statutory fishing right under the Plan to engage in squid jigging in the Southern Squid Jig Fishery, AFMA must enter the name of the boat in the Register. If AFMA or a State or Territory Authority issues a distinguishing symbol for the boat, a description or representation of the symbol must also be entered in the Register.
The holder of an SFR must comply with their obligations under the Plan, must comply with any Directions made under the Plan, and must provide biological, economic or technical information and/or samples as requested by AFMA and carry a copy of the extract from the Register on board the nominated boat.
The fishery
The Southern Squid Jig Fishery (SSJF) targets squid species by the squid jigging method. Jigging is a particularly successful method for targeting squid and has a high level of specificity for the target species.
The majority of squid taken from the fishery is sold on the domestic market, with some of the byproduct (mainly tentacles) being exported to Mediterranean countries.
Most squid caught by the jigging method are taken from fishing grounds off Portland, Queenscliff and Lakes Entrance in Victoria, with a small number of operators fishing in South Australian waters.
Regulation Impact Statement
The Office of Regulation Review (ORR) advised AFMA that a Regulation Impact Statement was not required for the proposed Regulations (ORR ID 7568).
Consultation with Industry
The preparation of the Plan included full consultation with the Southern Squid Jig Fishery Management Advisory Committee (SquidMAC). AFMA received no comments concerning the issue of what types of details would be included in the Public Register for the fishery.
The regulations implement the Plan. As full consultation was undertaken for the Plan, consultation on the regulations was not required.
Other Consultation
The preparation of the Plan included a full public consultation process in which AFMA received no comments concerning the issue of what types of details would be included in the Public Register for the fishery.
The regulations implement the Plan. As full consultation was undertaken for the Plan, consultation on the regulations was not required.
Details of the Regulation are set out below:
Clause 1 | Provides for the Regulation to be named as Fisheries Management (Southern Squid Jig Fishery) Regulations 2006. |
Clause 2 | Provides for the commencement date of the Regulation. |
Clause 3 | Provides for the interpretation of the Regulation. In particular, the clause states that terms defined in the Plan and FMA have the same meaning in the Regulation. |
Clause 4 | Provides that the details of a nominated boat are to be entered in the Register, specifically the name of the boat and the distinguishing symbol. |
Overview
The Fisheries Management (Southern Squid Jig Fishery) Regulations 2006 were enacted to implement the Southern Squid Jig Fishery Management Plan 2005, providing a regulatory framework for the management of the Southern Squid Jig Fishery (SSJF) under the Fisheries Management Act 1991. This legislation addresses the need for detailed and specific regulations governing the operation of the SSJF, particularly concerning the recording and management of statutory fishing rights and the nomination of boats. The Australian Fisheries Management Authority (AFMA) is the enacting body responsible for overseeing these regulations. The primary policy objective is to ensure that the SSJF is managed sustainably, while also facilitating effective administration and enforcement of fishing rights and obligations.
The Regulations mandate that AFMA enter specific details into the Register for each statutory fishing right granted, such as the name of the nominated boat and any distinguishing symbols issued by AFMA or a State or Territory Authority. This ensures transparency and traceability in the management of the fishery. Additionally, the Regulations require the holder of a statutory fishing right to comply with the provisions of the Southern Squid Jig Fishery Management Plan 2005, including providing biological, economic, or technical information and samples as requested by AFMA. By implementing these regulations, the AFMA aims to support the sustainable and efficient operation of the SSJF, protecting both the resource and the interests of the fishing industry.
Scope and Application
The Fisheries Management (Southern Squid Jig Fishery) Regulations 2006 applies to the Southern Squid Jig Fishery (SSJF), which targets squid species by the squid jigging method. This Act pertains to the holders of statutory fishing rights (SFR) who wish to have their boats nominated under the SSJF and requires compliance with the obligations stipulated in the Southern Squid Jig Jig Fishery Management Plan 2005. The Regulations implement the Plan and outline the details that must be entered in the Register, including the name of the boat and its distinguishing symbol if applicable. These Regulations are applicable to boats engaged in squid jigging within the SSJF, primarily operating off the coasts of Victoria and South Australia. The Regulations do not require additional consultation beyond the consultation process already undertaken for the Plan, as they are an implementation of the Plan. The Regulations may be extended or restricted through subordinate instruments as necessary to manage the SSJF effectively.
Key Provisions
The Fisheries Management (Southern Squid Jig Fishery) Regulations 2006 (the Regulations) are subordinate legislation designed to give effect to the Southern Squid Jig Fishery Management Plan 2005 (the Plan) under the Fisheries Management Act 1991 (the FMA). These Regulations specify the particulars that must be entered in the Register for each statutory fishing right (SFR) granted under the Plan. Under section 45(1)(f) of the FMA, the Australian Fisheries Management Authority (AFMA) must enter the name of a boat in the Register if it has been granted a statutory fishing right to engage in squid jigging in the Southern Squid Jig Fishery (SSJF). Additionally, if AFMA or a State or Territory Authority issues a distinguishing symbol for the boat, a description or representation of the symbol must also be entered in the Register.
The Regulations impose obligations on the holders of statutory fishing rights, requiring them to comply with the provisions of the Plan and any directions issued under it. They must also provide biological, economic, or technical information and/or samples as requested by AFMA and carry a copy of the extract from the Register on board the nominated boat. This ensures that the holders of statutory fishing rights are aware of and adhere to the management measures outlined in the Plan, which is crucial for the sustainable management of the fishery.
Failure to comply with the Regulations may result in enforcement actions under the FMA. The FMA provides for various offences, including the unauthorised use of a statutory fishing right and failure to comply with the requirements of a direction. Offences under the FMA may be subject to civil penalties, which can include fines of up to $132,000 for individuals and $660,000 for corporations, or criminal penalties, which can include fines of up to $5.5 million for individuals and $27.5 million for corporations, or imprisonment for up to five years, or both. Additionally, the Regulations may be subject to review and amendment, ensuring that the management of the SSJF remains effective and responsive to changing circumstances.
In summary, the Fisheries Management (Southern Squid Jig Fishery) Regulations 2006 establish the specific details that must be entered in the Register for boats engaged in the SSJF, impose compliance obligations on holders of statutory fishing rights, and provide for potential civil and criminal penalties for non-compliance with the FMA and the Regulations. The Regulations are an integral part of the broader framework for the management of the SSJF, ensuring that the fishery is managed sustainably and in accordance with the provisions of the Plan.