EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 194
FISHERIES ACT 1952
FISHERIES REGULATIONS (AMENDMENT)
Issued by the Authority of the Minister for Primary Industry
The Fisheries Act 1952 empowers the Governor-General to make regulations prescribing matters which are necessary for carrying out or giving effect to the Act.
From time to time the Government enters into agreements to allow foreign fishing vessels access to certain areas of the Australian fishing zone. A Head Agreement on Fisheries with the Government of Japan signed on 17 October 1979 provides for detailed procedures for the conduct of Japanese fishing operations and for the issuing of licences by the Australian Government to be the subject of annual Subsidiary Agreements between the two Governments.
The Fisheries Regulations prescribe short methods of reference to areas of proclaimed waters specified in the Subsidiary Agreement with the Government of Japan, for descriptive purposes in instruments made under the Act. Schedule 3 to the Fisheries Regulations sets out the text of Subsidiary Agreement relating to tuna long-line fishing signed with the Japanese Government and Schedule 5 sets out the short methods of reference to the areas described in that Agreement.
These regulations incorporate into Schedule 3 of the Fisheries Regulations, the text of the “Subsidiary Agreement between the Government of Australia and the Government of Japan concerning Japanese Tuna Long-line Fishing” signed by the Minister for Primary Industry on 30 October 1984 to apply from 1 November 1984 until 31 October 1985 and also make two other minor amendments to the Fisheries Regulations. The full effect of the amendments is:
• Regulation 1 amends regulation 11 of the Fisheries Regulations by converting “12 inches” to the metric equivalent, “300 millimetres”
• Regulation 2 redrafts regulation 13 of the Fisheries Regulations to require a fisherman in charge of a boat in proclaimed waters to comply with the measures required by the Navigation (Collision) Regulations. The penalty for a contravention of this regulation remains unchanged at $200. As in the past, imposition of a penalty on conviction for such an offence does not relieve a person from civil liability for damage caused by their act or omission
• Regulation 3 repeals Schedule 3 of the Fisheries Regulations which contained the text of the 1982/83 Subsidiary Agreement and inserts a new Schedule 3, containing the text of the new Subsidiary Agreement.
• Regulation 4 remakes Schedule 5 to provide short descriptions of the areas in Schedule 3 as amended.
Overview
The Fisheries Regulations (Amendment) 1985, issued under the authority of the Minister for Primary Industry, amends the Fisheries Regulations to align with the Subsidiary Agreement between the Government of Australia and the Government of Japan concerning Japanese Tuna Long-line Fishing. Enacted by the Australian Parliament, the Fisheries Act 1952 initially established a framework for the regulation of fishing activities within Australian waters, but as fishing agreements with foreign governments evolved, the need for amendments became apparent to reflect updated terms and conditions, especially concerning international fishing operations. This particular amendment was introduced to ensure that the Fisheries Regulations accurately reflect the Subsidiary Agreement signed on 30 October 1984, which provides detailed procedures for Japanese fishing operations within Australian waters and outlines the licensing requirements. The policy objective behind this amendment is to maintain orderly and lawful fishing activities within the Australian fishing zone while fostering cooperative international relations in the fishing industry.
Scope and Application
The Fisheries Regulations (Amendment) Statutory Rules 1985 No. 194, issued under the authority of the Minister for Primary Industry, serve to modify the Fisheries Regulations pursuant to the Fisheries Act 1952. These amendments are specifically tailored to address the operational and procedural details of the Subsidiary Agreement between the Government of Australia and the Government of Japan concerning Japanese tuna long-line fishing. The amendments are designed to update the regulations to reflect the terms of the most recent Subsidiary Agreement signed on 30 October 1984, effective from 1 November 1984 to 31 October 1985. The amendments encompass the conversion of measurement units from inches to millimetres, the incorporation of navigational compliance requirements for vessels in proclaimed waters, and the replacement of the previous Subsidiary Agreement with the newly signed one. These changes ensure that the regulatory framework remains aligned with the terms of the international agreement and maintains the integrity of Australian fisheries management.
Key Provisions
The Fisheries Regulations (Amendment) Statutory Rules 1985 No. 194, issued under the authority of the Minister for Primary Industry, amend the existing Fisheries Regulations to incorporate the Subsidiary Agreement concerning Japanese tuna long-line fishing (Regulation 3). This subsidiary agreement was signed by the Minister for Primary Industry on 30 October 1984, to take effect from 1 November 1984 until 31 October 1985. The regulations also convert a measurement in the Fisheries Regulations from imperial to metric (Regulation 1) and update a regulation to require compliance with the Navigation (Collision) Regulations for fishing vessels in proclaimed waters (Regulation 2). Regulation 4 remakes Schedule 5 of the Fisheries Regulations to include short descriptions of the areas specified in the new Subsidiary Agreement.
The Fisheries Regulations (Amendment) impose specific obligations on parties involved in fishing activities within the Australian fishing zone, particularly those relating to Japanese tuna long-line fishing. Fishing vessels operating under the subsidiary agreement must adhere to the detailed procedures outlined in the agreement, which includes licensing requirements and specific operational guidelines. Additionally, any person in charge of a boat in proclaimed waters must comply with the Navigation (Collision) Regulations, ensuring safety at sea. Failure to comply with these obligations can lead to enforcement actions under the Fisheries Act.
Breaches of the amended Fisheries Regulations can result in both civil and criminal consequences. For instance, non-compliance with the Navigation (Collision) Regulations can result in a penalty of $200, as stipulated in Regulation 2. This penalty does not absolve the offender from any civil liability that may arise from damage caused by their actions or omissions. Furthermore, operating a fishing vessel in a manner inconsistent with the subsidiary agreement or other regulations may lead to additional penalties or enforcement actions under the Fisheries Act. The maximum penalties for more serious breaches are determined by the specific provisions of the Fisheries Act and could include fines or imprisonment, depending on the severity of the offence.