EXPLANATORY STATEMENT
Small Pelagic Fishery Management Plan Amendment 2013
Issued by the authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Subsection 17(1) of the Fisheries Management Act 1991 (the Act) provides that the Australian Fisheries Management Authority (AFMA) is to determine plans of management for all fisheries.
Subsection 20(1) of the Act provides that AFMA may at any time amend a plan of management.
The Small Pelagic Fishery Management Plan Amendment 2013 (the Plan Amendment) amends the Small Pelagic Fishery Management Plan 2009 (the Plan).
The Plan Amendment is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Need for Amendments
AFMA registered the Fisheries Legislation (Repeal and Amendment) Regulations 2011 (No.1) which came into force on 3 August 2011. The amendment to the Fisheries Management Regulations 1992 (FM Regulations) incorporated the introduction of standardised rules to apply to all fishing concessions. These standard rules included the obligation to dispose of all fish taken and retained in a declared fishery to the holder of a fish receiver permit.
Subsection 50(3) of the Plan provides for the holder to dispose of quota species of fish to one or more persons who are not the holder of a fish receiver permit. The provision is therefore inconsistent with the provisions of the FM Regulations and requires omission from the Plan.
Consultation
As the Plan Amendment changes a matter in the Plan to make it consistent with the FM Regulations, pursuant to subsection 20(6)(c) of the FM Act, prior public consultation was not required. However, AFMA did consult extensively with industry, including through the management advisory committees and the Commonwealth Fisheries Association, on the content before the making of the Fisheries Legislation (Repeal and Amendment) Regulations 2011 (No.1).
Regulation Impact Statement
Given the proposed change to the Plan is required to make the Plan consistent with the FM Regulations; a regulation impact statement is not required.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
AFMA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached as a supporting document.
Details of the Plan Amendment are set out below:
Part 1 provides for the Plan Amendment to be known as the Small Pelagic Fishery Management Plan Amendment 2013.
Part 2 provides that the Plan Amendment commences on the day after it is registered.
Part 3 provides that the Small Pelagic Fishery Management Plan 2009 is to be amended in accordance with Schedule 1.
Schedule 1 Item 1 removes inconsistent provisions from the Small Pelagic Fishery Management Plan 2009 relating to disposing of quota species of fish to a person who is not the holder of a fish receiver permit.
Overview
The Small Pelagic Fishery Management Plan Amendment 2013 was enacted to align the Small Pelagic Fishery Management Plan 2009 with the Fisheries Management Regulations 1992, particularly addressing inconsistencies that arose from the introduction of standardised rules for all fishing concessions. The Australian Fisheries Management Authority (AFMA), established under the Fisheries Management Act 1991, was the enacting body responsible for this amendment. This legislative instrument was created to ensure that the management plan conforms to the new regulatory requirements, specifically by removing provisions that permit the disposal of quota species of fish to non-permit holders, which was inconsistent with the mandated rules. AFMA assessed that this amendment is compatible with human rights, as evidenced by the Statement of Compatibility prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. This amendment was made without the necessity for a prior public consultation due to its alignment nature, although AFMA had previously consulted with the industry extensively.
Scope and Application
The Small Pelagic Fishery Management Plan Amendment 2013 amends the Small Pelagic Fishery Management Plan 2009, which is overseen by the Australian Fisheries Management Authority (AFMA) under the Fisheries Management Act 1991. This amendment applies to all fishing concessions within the small pelagic fishery, ensuring consistency with the standardised rules introduced by the Fisheries Legislation (Repeal and Amendment) Regulations 2011 (No.1), particularly those concerning the disposal of fish taken and retained in a declared fishery. Specifically, the amendment removes provisions that allow quota species of fish to be disposed of to a person who is not the holder of a fish receiver permit, aligning the Plan with the Fisheries Management Regulations 1992. The amendment applies across the Commonwealth of Australia and is necessary to eliminate inconsistencies between the Plan and the FM Regulations. AFMA undertook extensive consultation with industry prior to the introduction of these regulations but did not require additional public consultation for this specific amendment due to its nature of making the Plan consistent with the FM Regulations.
Key Provisions
The Small Pelagic Fishery Management Plan Amendment 2013 amends the Small Pelagic Fishery Management Plan 2009 to bring it into alignment with the standardised rules introduced by the Fisheries Legislation (Repeal and Amendment) Regulations 2011 (No. 1). This amendment was necessary to ensure consistency between the Plan and the Fisheries Management Regulations 1992 (FM Regulations), particularly in relation to the disposal of fish caught in declared fisheries. Under the FM Regulations, all fish taken and retained must be disposed of to the holder of a fish receiver permit, which contrasts with certain provisions in the Plan that allowed for the disposal of quota species of fish to persons not holding such permits (subsection 50(3) of the Plan). The amendment, therefore, removes these inconsistent provisions from the Plan (Schedule 1, Item 1).
The obligations imposed by this amendment on parties governed by the Plan include ensuring compliance with the standardised rules for the disposal of fish. Specifically, any person who catches quota species of fish must now dispose of them only to the holder of a fish receiver permit, aligning with the overarching requirements set out in the FM Regulations. This requirement applies to all fishing concessions and is aimed at maintaining consistency and integrity within the regulatory framework governing fisheries management.
There are no specific offences or penalties mentioned in the explanatory statement for breaches of the amended Plan. However, non-compliance with the fisheries management regulations generally can result in significant consequences, including fines and potential legal action. Under the Fisheries Management Act 1991, penalties for breaches of the FM Regulations can include substantial fines, with the maximum penalty varying depending on the specific offence and jurisdiction. In addition to financial penalties, persistent or severe breaches may lead to the suspension or revocation of fishing permits, further impacting the ability of individuals or entities to participate in the fishery.