Great Australian Bight Trawl Fishery Management Plan (Revocation)

Overview

The Fisheries Management Act 1991 was enacted to provide for the sustainable management of Australia's fisheries. This Act allows the Australian Fisheries Management Authority (AFMA) to revoke a plan of management for a particular fishery following specific procedures that include consultation with relevant stakeholders. In the case of the Great Australian Bight Trawl Fishery Management Plan (the GABTF Plan), AFMA consulted with appropriate stakeholders engaged in fishing and received no objections to the revocation of the plan. Subsequently, AFMA determined that a new management plan, the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (SESSF Plan), would better encompass the fisheries previously managed under the GABTF Plan. The Office of Regulation and Review granted AFMA an exemption for preparing a Regulation Impact Statement (RIS) for this revocation, with the RIS identification number 3808 for compliance reporting purposes. The policy objective of these actions is to ensure efficient and effective management of Australia's fisheries, adapting to the changing needs and ecological conditions.

Scope and Application

The Fisheries Management Act 1991 applies to the management and regulation of fisheries within Australian waters, with specific emphasis on the actions and responsibilities of the Australian Fisheries Management Authority (AFMA). This legislation governs the activities of individuals and entities engaged in fishing within the specified jurisdictional boundaries, including Commonwealth waters, territorial seas, and the Exclusive Economic Zone (EEZ) of Australia. The Act provides AFMA with the authority to develop, implement, and revoke management plans, such as the Great Australian Bight Trawl Fishery Management Plan, to ensure sustainable and responsible fishing practices. AFMA’s process for revoking such plans involves consultation with relevant fishing stakeholders and consideration of any representations received. The revocation of the Great Australian Bight Trawl Fishery Management Plan was executed in accordance with these provisions, leading to the adoption of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. The Office of Regulation and Review has exempted AFMA from preparing a Regulation Impact Statement for this specific revocation, identified by the RIS number 3808.

Key Provisions

The Fisheries Management Act 1991 (FMA) authorises the Australian Fisheries Management Authority (AFMA) to revoke existing management plans under certain conditions (section 20(3)). For instance, the AFMA may revoke the Great Australian Bight Trawl Fishery Management Plan (GABTF Plan) after consulting with those engaged in fishing and considering any representations received (section 17). The authority specifies that the consultation must involve those engaged in fishing deemed appropriate by AFMA, and this process has been followed in the revocation of the GABTF Plan. AFMA also ensured that a public notice was issued, allowing for submissions to be made by a specified date (section 17(2)). In this instance, no written objections were received against the revocation. The Act imposes several obligations on AFMA, including the requirement to consult with relevant stakeholders in the fishing industry and to consider any representations received during the revocation process (section 17). This ensures that the revocation of the management plan is conducted in a transparent and inclusive manner. AFMA must also determine a new management plan to replace the revoked one, as seen with the introduction of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 (SESSF Plan), which now encompasses several previously regulated sectors (section 17). Additionally, AFMA has to adhere to any exemptions granted by the Office of Regulation and Review, such as the exemption for preparing a Regulation Impact Statement (RIS) for the revocation of the GABTF Plan (RIS identification number 3808). The Act does not explicitly detail offences or penalties for the revocation process itself; however, failure to comply with the statutory requirements for consultation and representation consideration could potentially lead to legal challenges or administrative reviews. Any broader breaches of the Fisheries Management Act could result in civil or criminal penalties, as outlined in other sections of the Act, which may include fines and imprisonment depending on the severity of the breach. The specific maximum penalties for breaches are not detailed in the explanatory statement provided but are governed by the general provisions of the FMA.