Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT AMENDMENT REGULATIONS 2002 (NO. 4) 2002 NO. 304

EXPLANATORY STATEMENT

STATUTORY RULES 2002 No. 304

Issued by the authority of the Minister for Fisheries, Forestry and Conservation

Fisheries Management Act 1991

Fisheries Management Amendment Regulations 2002 (No. 4)

Section 168 of the Fisheries Management Act 1991 (the Management Act) empowers the Governor-General to make regulations for the purposes of the Management Act.

The purpose of the regulations is to amend the Fisheries Management Regulations 1992 (the Management Regulations) to include provisions describing a number of new fisheries and removing references to previous fisheries, which are no longer in existence.

The regulations are made under the Management Act.

The South East Non-Trawl Fishery (SENTF) and the Southern Shark Fishery (SSF) have been subsumed into a new fishery called the Gillnet, Hook and Trap Fishery (GHTF). Consequently, a description of the GHTF is inserted into the Management Regulations and all references to the old fisheries are removed.

The South East Trawl Fishery (SETF) was previously under a management plan. The management plan has now been repealed. Consequently, all references to the repealed management plan are removed from the Management Regulations and a description of the SETF is inserted into those Regulations.

The Heard Island and Macdonald Islands (HIMI) Management Plan was gazetted on 29 May 2002. All references to the previous HIMI fishery are removed from the Management Regulations and a reference to the HIMI Management Plan is inserted into those Regulations.

The Bass Strait Central Zone Scallop Fishery (BSCZSF) Management Plan was gazetted on 7 November 2002. A reference to the BSCZSF Management Plan is inserted into Regulation 4B of the Management Regulations.

A Proclamation was made recently declaring the surrounding territorial sea (out to 12 nautical miles) and all the internal waters of Christmas Island and Cocos (Keeling) Islands to be excepted waters for the purposes of the Management Act. The Proclamation enables the transfer of management responsibility from AFMA to the Department of Transport and Regional Services for fishing activities in the waters excepted from the Management Act. The excepted waters include waters which were previously managed by AFMA as sub-areas 1 and 3 of the Christmas Island and Cocos (Keeling) Islands Fishery (CICKIF). All references to these sub-areas of the CICKIF fishery are removed from the Management Regulations

Details of the Regulations, which commenced on gazettal, are set out below:

Regulation 1 provides for the Regulations to be cited as the Fisheries Management Amendment Regulations 2002 (No. 4).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the principal Regulations.

Schedule 1 Item 1 substitutes a new Regulation 4B into the principal Regulations which includes references to a number of new fisheries and removes references to previous fisheries which are no longer in existence.

Schedule 1 Item 2 deletes Regulation 4CA and 4D from the principal Regulations. This removes references to the SENTF and the SETF.

Schedule 1 Item 3 substitutes a new Paragraph 10B(2)(d) into the principal Regulations. This removes references to the SENTF and the SSF from Paragraph 10B(2)(d).

Schedule 1 Item 4 deletes Division 1 of Part 1A of Schedule 1A. This removes the geographic description of sub-area 1 of the CICKIF from the principal Regulations.

Schedule 1 Item 5 deletes Division 3 of Part 1A of Schedule 1A. This removes the geographic description of sub-area 3 of the CICKIF from the principal Regulations.

Schedule 1 Item 6 substitutes a new Part 3A into Schedule 1A. This removes the geographic description of the previous HIMI fishery and substitutes a new definition of the GHTF.

Schedule 1 Item 7 substitutes a new Part 7 into Schedule 1A. This removes the geographic description of the previous SENTF fishery from the principal Regulations, and substitutes a new definition of the SETF.

Schedule 1 Item 8 deletes Part 9 of Schedule 1A. This removes the geographic description of the previous SSF from the principal Regulations.


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