Commonwealth Numbered Regulations - Explanatory Statements Commonwealth Numbered Regulations - Explanatory Statements[Index] [Search] [Download] [Related Items] [Help]
FISHERIES MANAGEMENT (SOUTHERN AND EASTERN SCALEFISH AND SHARK FISHERY) REGULATIONS 2004 2004 NO. 336
STATUTORY RULES 2004 No. 336
Issued by the authority of the Minister for Fisheries, Forestry and Conservation
Fisheries Management Act 1991
Fisheries Management (Southern and Eastern Scalefish and Shark Fishery) Regulations 2004
Subsection 168(1) of the Fisheries Management Act 1991 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary, or convenient to be prescribed, in carrying out or giving effect to the Act. Paragraph 168(2)( c) provides that regulations may be made providing for giving effect to, and enforcing the observance of, plans of management.
Subsection 17(1) of the Act provides that the Australian Fisheries Management Authority (AFMA) is to determine plans of management for all fisheries. Under these provisions AFMA has determined the Southern and Eastern Scalefish and Shark Fishery) Management Plan 2003 (the Plan).
The Plan provides a framework for AFMA to manage the fishery under the Plan (the Fishery) and includes the tools to implement coordinated strategies to manage the cumulative impact of different fishing methods on the animals, plants and marine environment in the area of the Fishery.
The Plan provides for the grant of transferable boat statutory fishing rights, fishing permits and quota statutory fishing rights. These will reflect the area of waters, fishing methods and quota species that operators had access to under their entitlements in the separate fisheries that were bought together under the Plan. There is no single right or permit which win allow access to the entire area of the Fishery.
The proposed Fisheries Management (Southern and Eastern Scalefish and Shark Fishery) Regulations 2004 would complement the Plan and prescribe matters in support of the Act relevant to the fishery.
The proposed Regulations would define the automatic location communicator (ALC) and outline the requirement for an Integrated Computer Vessel Monitoring System (ICVMS ) to be fitted to a nominated boat and the procedures to be followed if the unit malfunctions. The proposed Regulations would also detail the conversion factors for processing scalefish in the fishery as wen as the additional information required for the statutory fishing rights register.
Details of the Regulations, which are to commence on 1 January 2005, are set out below.
Regulation 1
Regulation 1 provides for the Regulations to be cited as the Fisheries Management (Southern and Eastern Scalefish and Shark Fishery) Regulations 2004.
Regulation 2
Regulation 2 provides that the Regulations commence on 1 January 2005.
Regulation 3
Regulation 3 defines terms used in the Regulations.
Regulation 4
Regulation 4 provides the requirement for an integrated computer vessel monitoring system.
Regulation 5
Regulation 5 provides for other requirements in connection with the installation of ICVMS.
Regulation 6
Regulation 6 prohibits interference by a person to an integrated computer vessel monitoring system.
Regulation 7
Regulation 7 provides for the procedures to be followed for malfunction of integrated computer vessel monitoring system.
Regulation 8
Regulation 8 provides for the presumed weight of take for processed fish.
Regulation 9
Regulation 9 provides the particulars required for the register of statutory fishing rights.
Regulation 10
Regulation 10 provides the particulars required for a dealing.