Fisheries Management (Western Tuna and Billfish Fishery) Regulations 2006
Select Legislative Instrument 2006 No. 322 as amended
made under the
Fisheries Management Act 1991
This compilation was prepared on 1 July 2010
taking into account amendments up to SLI 2010 No. 146
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Particulars to be entered in Register (Act s 45)
5 Fishing season
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Fisheries Management (Western Tuna and Billfish Fishery) Regulations 2006.
2 Commencement [see Note 1]
These Regulations commence on the day after they are registered.
3 Interpretation
(1) In these Regulations:
Act means the Fisheries Management Act 1991.
Fisheries Regulations means the Fisheries Management Regulations 1992.
identification code has the meaning given by regulation 12 of the Fisheries Regulations.
Management Plan means the Western Tuna and Billfish Fishery Management Plan 2005.
Note 1 The following terms are defined in the Act:
AFMA
boat
Joint Authority
Register
statutory fishing right.
Note 2 An expression in these Regulations has the same meaning that it has in the Act: see paragraph 13 (1) (b) of the Legislative Instruments Act 2003.
(2) The following terms have the same meaning in these Regulations as they have in the Management Plan:
(a) holder;
(b) nominated boat;
(c) statutory fishing right.
4 Particulars to be entered in Register (Act s 45)
(1) For paragraph 45 (1) (f) of the Act, AFMA must enter the following particulars in the Register:
(a) the name of the holder of a statutory fishing right;
(b) the postal address of the holder of the right as shown in the last written notice of address received by AFMA from the holder;
(c) the telephone number, fax number and e‑mail address (if any) shown for the holder of the right in the last written notice that mentions such a number or an address received by AFMA from the holder;
(d) if the holder of the right is a corporation — its ABN and ACN (if any).
(2) AFMA must also enter in the Register the following particulars that relate to a nominated boat of the holder:
(a) the name of the boat;
(b) if AFMA, a Joint Authority, or a State or Territory authority, issues an identification code or a distinguishing symbol for the boat — a description or representation of that code or symbol.
5 Fishing season
Each of the following periods is a fishing season:
(a) the period starting on 1 July 2010 and ending at the end of 31 January 2012; and
(b) each subsequent period starting on 1 February in a year and ending at the end of 31 January in the following year.
Notes to the Fisheries Management (Western Tuna and Billfish Fishery) Regulations 2006
Note 1
The Fisheries Management (Western Tuna and Billfish Fishery) Regulations 2006 (in force under the Fisheries Management Act 1991) as shown in this compilation comprise Select Legislative Instrument 2006 No. 322 amended as indicated in the Tables below.
Table of Instruments
Year and
Number | Date of FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
2006 No. 322 | 14 Dec 2006 (see F2006L03975) | 15 Dec 2006 | |
2010 No. 146 | 30 June 2010 (see F2010L01828) | 1 July 2010 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 5 ................. | ad. 2010 No. 146 |
Overview
The Fisheries Management (Western Tuna and Billfish Fishery) Regulations 2006 were enacted to provide regulatory detail under the Fisheries Management Act 1991, focusing on the management of the Western Tuna and Billfish Fishery. This legislation was introduced to address the need for specific management and operational guidelines for this particular fishery, ensuring compliance with broader fisheries management policies and practices. The Regulations were enacted by the Commonwealth Parliament and serve to implement the Western Tuna and Billfish Fishery Management Plan 2005, ensuring that the fishery is managed in a sustainable and efficient manner. The primary policy objective is to maintain the ecological balance of the fishery while supporting the economic interests of those involved in the industry.
Scope and Application
The Fisheries Management (Western Tuna and Billfish Fishery) Regulations 2006 applies to the management of the Western Tuna and Billfish Fishery within Australian waters. These regulations are made under the Fisheries Management Act 1991 and establish specific rules and procedures to be followed by holders of statutory fishing rights, as well as the Australian Fisheries Management Authority (AFMA) in its role of administering and enforcing these regulations. The regulations apply to all persons or entities involved in the fishing activities within the defined fishery, including individual fishers, fishing companies, and other relevant stakeholders. The geographic reach of these regulations is confined to the waters specified within the Western Tuna and Billfish Fishery Management Plan 2005, which encompasses designated areas within Australian jurisdiction. While the primary focus is on the management of tuna and billfish species within the fishery, these regulations also include provisions for other related activities and measures necessary for the effective management of the fishery. Any exclusions, exemptions, or thresholds are detailed within the regulations themselves, and the application of the Act may be further extended or restricted through subordinate instruments as deemed necessary by the relevant authorities.
Key Provisions
The main operative sections of the Fisheries Management (Western Tuna and Billfish Fishery) Regulations 2006 (F2006L03975) pertain to the particulars to be entered in the Register under section 45 of the Fisheries Management Act 1991 (section 4) and the definition of fishing seasons (section 5). Section 4 requires the Australian Fisheries Management Authority (AFMA) to record specific details about holders of statutory fishing rights and their nominated boats in the Register. This includes the holder's name, postal address, contact numbers, and, if applicable, the corporation's ABN and ACN. For nominated boats, AFMA must also record the boat's name and any identification codes or distinguishing symbols issued by AFMA, a Joint Authority, or a State or Territory authority. Section 5 specifies the fishing seasons for the Western Tuna and Billfish Fishery, starting from 1 July 2010 to the end of 31 January 2012, and each subsequent period from 1 February to 31 January of the following year.
The obligations and requirements imposed by the Act on the parties or entities it governs include ensuring that AFMA accurately maintains the Register with up-to-date particulars of statutory fishing rights holders and their nominated boats. This involves holders providing AFMA with their correct contact details and boat information. The Regulations also necessitate compliance with the defined fishing seasons, ensuring that fishing activities align with the specified periods to avoid any legal repercussions. Additionally, holders of statutory fishing rights must adhere to any further conditions or requirements outlined in the Western Tuna and Billfish Fishery Management Plan 2005, as referenced in the Regulations.
The Fisheries Management (Western Tuna and Billfish Fishery) Regulations 2006 include provisions for offences, penalties, or civil and criminal consequences for breaches. While the specific penalties are not detailed within the excerpt provided, breaches of regulations under the Fisheries Management Act 1991 can generally result in substantial penalties. These may include fines, imprisonment, or both, depending on the severity and nature of the breach. The exact penalties would be determined by the courts and are outlined in the primary Act or relevant enforcement guidelines. It is crucial for holders of statutory fishing rights and operators of nominated boats to comply with all regulatory requirements to avoid facing these potential consequences.