EXPLANATORY STATEMENT
Select Legislative Instrument 2010 No. 146
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Fisheries Management Act 1991
Fisheries Management (Western Tuna and Billfish Fishery) Amendment Regulations 2010 (No. 1)
Subsection 168(1) of the Fisheries Management Act 1991 (the Act) provides that the
Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, in carrying out or giving effect to the Act.
The Western Tuna and Billfish Fishery (WTBF) is located west of Cape York in Queensland reaching around to the South Australian/Victorian border. The WTBF also includes waters seaward of territorial waters (outside 12 nautical miles from the baselines) adjacent to Christmas and Cocos (Keeling) Islands. Broadbill swordfish (Xiphias gladius), yellowfin tuna (Thunnus albacares), bigeye tuna (Thunnus obesus), and striped marlin (Tetrapturus audux) are the key species in this fishery.
The WTBF has been managed under the transitional provisions of the Western Tuna and Billfish Fishery Management Plan 2005 (the Plan) accepted in 2005 by the then Minister for Fisheries, Forestry and Conservation under section 17 of the Act, pending the final grant of Statutory Fishing Rights (SFRs) under the Plan. Once the final grant is made the Plan will become fully operational.
The final grant of SFRs will take effect from 1 July 2010 with the beginning of the first fishing season under the Plan, which provides that the ‘fishing season’ has the meaning given in the Fisheries Management (Western Tuna and Billfish Fishery) Regulations 2006 (the Principal Regulations).
The Regulations amend the Principal Regulations to prescribe the period of the fishing season in the WTBF, for the purposes of the Plan.
The first season will start on 1 July 2010 and end on 31 January 2012. Every subsequent season will start on 1 February in a year and end on 31 January in the following year. In order for the season to start on 1 February each year, it was necessary to have an initial season of 19 months.
Regulation Impact Statement
In view of the low impact on business, the Office of Best Practice Regulation has advised that a Business Cost Calculator Report or a Regulation Impact Statement is not required (ID 11378).
Consultation
The Tropical Tuna Management Advisory Committee, established under section 56 of the Fisheries Administration Act 1991, was consulted on the dates to be set as the fishing season.
Overview
The Fisheries Management (Western Tuna and Billfish Fishery) Amendment Regulations 2010 (No. 1) were enacted to amend the existing regulations governing the Western Tuna and Billfish Fishery (WTBF), which is located in waters west of Cape York in Queensland and extends to the South Australian/Victorian border, as well as including waters adjacent to Christmas and Cocos (Keeling) Islands. These regulations were introduced to address the need for a clear and consistent framework for the management of the WTBF under the Fisheries Management Act 1991. The Minister for Agriculture, Fisheries and Forestry issued these regulations, which aim to establish the period of the fishing season in the WTBF, as per the transitional provisions of the Western Tuna and Billfish Fishery Management Plan 2005, pending the final grant of Statutory Fishing Rights under the Plan. The policy objective is to ensure effective management and conservation of the key species in the WTBF, namely broadbill swordfish, yellowfin tuna, bigeye tuna, and striped marlin.
Scope and Application
The Fisheries Management (Western Tuna and Billfish Fishery) Amendment Regulations 2010 (No. 1) applies to persons and entities engaged in fishing activities within the Western Tuna and Billfish Fishery (WTBF) area. This encompasses individuals, companies, and other entities participating in the fishing of key species such as broadbill swordfish, yellowfin tuna, bigeye tuna, and striped marlin. The regulations are specifically tailored to govern the conduct and transactions related to fishing within the WTBF, which extends from west of Cape York in Queensland to the South Australian/Victorian border, including waters adjacent to Christmas and Cocos (Keeling) Islands. The application of these regulations is within the jurisdiction of the Commonwealth, as they are made under the Fisheries Management Act 1991. There are no specific exclusions, exemptions, or thresholds mentioned in the text. The regulations may be further extended or restricted through subordinate instruments as deemed necessary or convenient for the effective management of the fishery.
Key Provisions
The Fisheries Management (Western Tuna and Billfish Fishery) Amendment Regulations 2010 (No. 1) amend the Fisheries Management (Western Tuna and Billfish Fishery) Regulations 2006 (Principal Regulations) to establish the period of the fishing season for the Western Tuna and Billfish Fishery (WTBF) as required under the Western Tuna and Billfish Fishery Management Plan 2005 (the Plan). Under section 168(1) of the Fisheries Management Act 1991, these Regulations prescribe the period of the fishing season, which is a matter required to be prescribed by the Act (subsection 168(1)). The initial fishing season will commence on 1 July 2010 and conclude on 31 January 2012, followed by subsequent seasons beginning on 1 February and ending on 31 January of the following year.
The Regulations impose specific obligations on the parties and entities governed by the Act, primarily those involved in fishing activities within the WTBF. These obligations include adhering to the prescribed fishing season dates set out in the Regulations. The Regulations mandate that the fishing season for the WTBF will begin on 1 July 2010 and end on 31 January 2012 for the first season, and from 1 February to 31 January for subsequent years. Compliance with these dates is essential to ensure the effective management and sustainability of the fishery.
Under the Fisheries Management Act 1991, breaches of the regulations can result in both civil and criminal consequences. While the explanatory statement does not detail specific offences, penalties, or maximum penalties for breaches of these Regulations, it is reasonable to infer that violations could lead to actions under the broader provisions of the Fisheries Management Act. Typically, such breaches might result in fines, confiscation of equipment, or other penalties as prescribed under the Act. The seriousness of the consequences would depend on the nature and extent of the breach.