Fisheries Regulations (Amendment)

Overview

The Fisheries Regulations (Amendment) Statutory Rules 1988 No. 63, issued under the authority of the Minister for Primary Industries and Energy, amends the Fisheries Act 1952 to address the need for enhanced monitoring and management of gemfish stocks in the South Eastern Trawl Fishery. Enacted by the Parliament of Australia, the primary objective of this amendment is to implement a resolution by the South East Trawl Management Advisory Committee (SETMAC) aimed at preserving the sustainability of gemfish populations. In response to SETMAC's resolution to limit the total allowable catch of gemfish during their winter spawning run to 3000 tonnes, the regulations mandate that processors provide weekly returns to the Commonwealth, including specific categories of information on gemfish processing. This measure is designed to facilitate effective monitoring and management of gemfish catches, ensuring adherence to the set catch limits and contributing to the conservation of gemfish stocks. The regulations are set to take effect from 1 May 1988.

Scope and Application

The Fisheries Regulations (Amendment) Statutory Rules 1988 No. 63, issued under the authority of the Minister for Primary Industries and Energy, modify the Fisheries Regulations to implement a resolution by the South East Trawl Management Advisory Committee (SETMAC). This amendment applies to any person involved in the processing of gemfish in Australia, ensuring that they furnish a weekly return to the Commonwealth detailing prescribed categories of information. These returns are essential for monitoring and managing the gemfish catch, particularly focusing on maintaining the stock levels during the winter spawning run as mandated by SETMAC, which set a limit of 3000 tonnes for the total allowable catch of gemfish. The geographic scope of these regulations is nationwide, as they pertain to the processing activities occurring within the Commonwealth of Australia. Any exclusions, exemptions, or thresholds are not explicitly mentioned in the explanatory statement, suggesting that the regulations apply broadly to all relevant persons and entities engaged in the processing of gemfish. The regulations extend the application of the Fisheries Act 1952 through the implementation of these specified reporting requirements, which are designed to support the overarching goal of sustainable fisheries management.

Key Provisions

The primary sections of the proposed regulations under the Fisheries Act 1952 (section 17(1)(f)) pertain to the requirement for persons involved in the processing of gemfish to submit a weekly return to the Commonwealth. This return must include specific categories of information prescribed by the regulation (section 1). The regulation is designed to implement a resolution by the South East Trawl Management Advisory Committee (SETMAC) to manage the gemfish stocks in the South Eastern Trawl Fishery (section 2). The regulation will commence on 1 May 1988 (section 3). The obligations imposed on the parties governed by this Act are primarily focused on compliance with the information reporting requirements. Specifically, any person who receives or transfers gemfish for processing must provide a weekly return that includes the prescribed categories of information to the Commonwealth (section 1). This reporting mechanism is intended to facilitate the monitoring and management of gemfish catches, in line with SETMAC’s resolution to limit the total allowable catch of gemfish during the winter spawning run to 3000 tonnes (section 2). Failure to comply with these reporting requirements could have implications for the regulation and management of gemfish stocks. The proposed regulations include provisions for offences and penalties for non-compliance. Under section 4 of the Fisheries Regulations, any person who fails to provide the required weekly return or provides incomplete or inaccurate information may be subject to penalties. The specific penalties are not detailed in the explanatory statement but typically, such breaches may attract fines or other sanctions as prescribed under the Fisheries Act 1952. The exact penalties would be determined in accordance with the broader provisions of the Fisheries Act and any related regulations.