Fisheries Regulations (Amendment)

Overview

The Fisheries Regulations (Amendment) Statutory Rules 1987 No. 259, issued under the authority of the Minister for Resources, amends the Fisheries Regulations 1952 to address inconsistencies and outdated references following new agreements and changes in the names of certain Commonwealth agencies and Departments. Enacted by the Parliament of Australia, these amendments aim to ensure the regulations remain aligned with the current legal and administrative frameworks, thereby facilitating effective enforcement of the Fisheries Act 1952. The policy objective is to maintain the integrity and functionality of the regulatory framework governing fisheries in Australia, reflecting the evolving international and domestic contexts. These amendments include updating definitions, agency references, and specific areas authorised for fishing activities, thus ensuring that the regulatory provisions continue to meet the needs of contemporary fisheries management. By removing obsolete references and incorporating new agreements, the regulations are better equipped to support the sustainable management of Australia’s fisheries resources in line with current policy directives and international obligations.

Scope and Application

The Fisheries Regulations (Amendment) Statutory Rules 1987 No 259, made under the Fisheries Act 1952, apply to all matters pertaining to the administration and enforcement of fisheries regulations within the Australian Fishing Zone. These regulations are designed to update and correct references to certain Commonwealth agencies, departments, and agreements to ensure the continued effectiveness and relevance of the Fisheries Regulations. The amendments cater to the entities involved in the agreements with KKFC Proprietary Limited and Japan, as well as the regulatory bodies responsible for overseeing fisheries activities. The changes reflect the administrative restructuring of government departments and the need to incorporate the updated Subsidiary Agreement concerning Japanese Tuna Long-line Fishing. These regulations apply nationally within the Australian Fishing Zone, affecting all vessels and entities engaging in fishing activities subject to the Fisheries Act 1952. The scope of these amendments ensures that the administration of fisheries remains streamlined and legally consistent with current government structures and international agreements.

Key Provisions

The key operative sections of the Statutory Rules 1987 No 259 involve amendments to the Fisheries Regulations, which are necessary to align the regulations with recent agreements and changes in the names of relevant government agencies. Regulation 1 introduces new definitions for the ‘KKFC Agreement’ and the ‘Subsidiary Agreement’ into regulation 3 of the principal regulations. Regulation 2 updates the reference from ‘Department of Primary Industry’ to ‘Department of Primary Industries and Energy’ in subregulation 5(3). Regulation 3 modifies references to ‘Australian Coastal Surveillance Centre’ and ‘Department of Transport’ in regulation 12A, changing them to ‘Federal Sea Safety and Surveillance Centre’ and ‘Department of Transport and Communications’, respectively. Similarly, Regulation 4 makes the same changes in regulation 12C. Regulation 5 removes the outdated definition of ‘Subsidiary Agreement’ from regulation 21, which previously referred to an agreement signed on 30 October 1984. Regulation 6 repeals Schedules 3 and 4 of the principal regulations, which included the Subsidiary Agreement between Australia and Japan signed on 30 October 1984 and the Authorized Area of the Australian Fishing Zone for Taiwanese Vessels. Finally, Regulation 7 amends Schedule 5 by omitting and substituting certain items to define a new authorised area of the Australian fishing zone for Taiwanese vessels. These amendments impose several obligations and requirements on parties and entities governed by the Fisheries Regulations. Firstly, they necessitate updating all relevant documentation to reflect the new definitions and agency names. Parties must ensure that their records, permits, and operations comply with the revised regulatory framework. Additionally, any references to the previous Subsidiary Agreement and the old authorised areas for Taiwanese vessels must be removed or updated to reflect the current agreements and zones. The regulations also require compliance with the new definitions and areas specified in Schedule 5, which may impact fishing activities and the management of fishing zones. The Statutory Rules 1987 No 259 do not explicitly outline offences, penalties, or consequences for non-compliance. However, the Fisheries Act 1952 provides a framework under which breaches of the amended regulations could be addressed. Non-compliance with the Fisheries Regulations could potentially lead to administrative actions, fines, or other penalties as stipulated by the Act. For example, unauthorised fishing activities or failure to adhere to the specified fishing zones could result in enforcement actions by relevant authorities. The maximum penalties for such breaches would be determined based on the specific provisions of the Fisheries Act and any additional regulations or guidelines in place.