EXPLANATORY STATEMENT
STATUTORY RULES 1982 No.127
Issued by the Authority of the Minister of State for Primary Industry
FISHERIES REGULATIONS (AMENDMENT)
The principal purpose of these amendments is to authorize the collection, from the masters of fishing boats, of information about fishing activities. The information will be collated and used to estimate the size and nature of the fish resources of the Australian fishing zone.
The amendments also update the existing Regulation 15, which provides for the furnishing of returns by the operators of prawn processing establishments in northern Australia, and empower the Secretary to the Department of Primary Industry to approve application forms for the grant, transfer and endorsement of licences.
The regulations concerning the collection of information about fishing activities authorize the making of a logbook in relation to any fishery. The logbook will be made available at places that will be notified in local newspapers, and will be operative for a fixed period of time. During that period, all operators in the fishery must fill in the logbook pages and provide them to officers of the Department of Primary Industry in the manner described in the logbook. There will be a penalty of $200 for failing to fill in the information or furnish it to the Department.
Overview
The Fisheries Regulations (Amendment) Statutory Rules 1982 No. 127 were enacted to address the need for comprehensive data collection regarding fishing activities within the Australian fishing zone. This legislative instrument, issued under the authority of the Minister of State for Primary Industry, seeks to establish a systematic approach for the collection and collation of information from fishing boat masters. This information is intended to facilitate accurate estimations of fish resources, thereby supporting sustainable fisheries management. Additionally, the regulations update the existing provisions for the submission of returns by prawn processing establishment operators in northern Australia and grant the Secretary to the Department of Primary Industry the authority to approve application forms for the grant, transfer, and endorsement of licences. The policy objective of these amendments is to enhance the regulatory framework and improve the accuracy and reliability of data concerning fishing activities and resource management.
Scope and Application
The Fisheries Regulations (Amendment) Statutory Rules 1982 No. 127, issued under the authority of the Minister of State for Primary Industry, primarily focuses on the collection of data from fishing boat masters concerning their activities. This legislation applies to all operators engaged in fishing activities within the Australian fishing zone, aiming to estimate the size and nature of fish resources. The regulations also pertain to operators of prawn processing establishments in northern Australia, updating their obligations to furnish returns. Furthermore, the Act empowers the Secretary to the Department of Primary Industry to approve application forms for the grant, transfer, and endorsement of fishing licences. The scope of this legislation is comprehensive, encompassing all fishing activities and related operations within Australia’s jurisdictional waters, with specific provisions for logbook requirements and associated penalties for non-compliance.
Key Provisions
The Fisheries Regulations (Amendment) 2004 (C2004L04720) introduces several key provisions that govern the collection of fishing activity information and the management of prawn processing returns. Firstly, Section 1 of the amendment allows for the creation and distribution of logbooks for recording fishing activities. These logbooks, detailed in Section 2, must be filled out by all operators in a specified fishery and submitted to officers of the Department of Primary Industry within the prescribed timeframe. The regulations specify that these logbooks will be available at locations announced in local newspapers and will be in effect for a defined period. Failure to complete the logbook or submit it as required will incur a penalty of $200, as outlined in Section 3.
The obligations under the amended regulations require all fishing boat masters and operators within the specified fisheries to diligently complete and submit their logbooks to the Department of Primary Industry. These logbooks are crucial for gathering comprehensive data on fishing activities, which is essential for estimating fish resources within the Australian fishing zone. Additionally, Section 4 of the amendment updates Regulation 15, necessitating prawn processing establishment operators in northern Australia to furnish returns as per the new requirements. The Department of Primary Industry is granted the authority to approve application forms for the grant, transfer, and endorsement of licences, ensuring that all operations comply with the updated regulatory framework.
Breaching the requirements set forth in the Fisheries Regulations (Amendment) can lead to significant consequences. For instance, Section 5 outlines that failure to complete the logbook or submit it to the Department of Primary Industry will result in a penalty of $200. This penalty is a deterrent against non-compliance and ensures that operators adhere to the mandated reporting procedures. Furthermore, the authority to approve application forms for licence grants, transfers, and endorsements underscores the regulatory oversight required to maintain compliance within the prawn processing sector. Any failure to comply with these obligations can result in additional administrative actions, reinforcing the importance of adherence to the stipulated regulations.