Interim (Small Pelagic Fishery) Declaration (No. 2) 2013

Overview

The Interim (Small Pelagic Fishery) Declaration (No. 2) 2013 was enacted under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) to address the need for temporary regulatory measures concerning commercial fishing activities within the Small Pelagic Fishery. This interim declaration was made by Tony Burke, the Minister for Sustainability, Environment, Water, Population and Communities, in agreement with the Minister administering the Fisheries Management Act 1991 (Cth). The declaration specifies certain commercial fishing activities, such as mid-water trawl methods and fish processing activities involving quota species, as declared commercial fishing activities within the Small Pelagic Fishery, thereby providing a regulatory framework until the end of the 60th day after it comes into force. The overarching policy objective is to ensure the protection of biodiversity and the environment while managing commercial fishing activities effectively.

Scope and Application

The Interim (Small Pelagic Fishery) Declaration (No. 2) 2013 applies to certain commercial fishing activities within the Small Pelagic Fishery, specifically those using the mid-water trawl method and those involving the processing of fish or fish products on vessels with storage capacities of 1,600 tonnes or greater. The declaration operates under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and is intended to regulate these activities to ensure compliance with environmental and biodiversity protection laws. The declaration is in force for a limited period, specifically until the end of the 60th day after it comes into effect, which is determined by the registration of the declaration in the Federal Register of Legislative Instruments. There are no stated exclusions or exemptions within the declaration itself, but the application and interpretation of its provisions are subject to the broader definitions and stipulations outlined in the EPBC Act and related management plans.

Key Provisions

The Interim (Small Pelagic Fishery) Declaration (No. 2) 2013, as issued under section 390SD of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), specifies certain commercial fishing activities within the Small Pelagic Fishery as declared activities (section 4). Specifically, it declares as such any commercial fishing activities in the Small Pelagic Fishery that employ the mid-water trawl method using a specified vessel, as well as those that involve the receiving or processing of quota species in the Small Pelagic Fishery using a specified vessel (subsection 4(1) and (2)). The declaration imposes several obligations on parties involved in these declared commercial fishing activities. It necessitates compliance with the terms and conditions outlined in the declaration, ensuring that activities are conducted in a manner that aligns with the provisions set out in the EPBC Act and the Small Pelagic Fishery Management Plan 2009. This includes adhering to specific fishing methods, vessel types, and the handling of quota species within the designated fishery area. Non-compliance with the terms of this declaration can lead to various legal consequences. Under the EPBC Act, breaches of the declared activities may result in civil and criminal penalties. For example, individuals or entities found to be engaging in a declared commercial fishing activity without the necessary authorisation or in contravention of the declaration's terms could face fines. The maximum penalties for contravening the EPBC Act can include substantial fines for individuals and corporations, with the exact amount varying based on the severity and nature of the breach. Additionally, persistent or severe non-compliance might also result in more severe criminal charges, leading to imprisonment for the responsible parties. These legal repercussions underscore the importance of adhering to the regulations set forth in the declaration to avoid potential enforcement actions.