Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT AMENDMENT REGULATIONS 2003 (NO. 2) 2003 NO. 112

STATUTORY RULES 2003 No. 112

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

Fisheries Management Act 1991

Fisheries Management Amendment Regulations 2003 (No. 2)

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

Part 11, Division 2 of the Fisheries Management Regulations 1992 (the Management Regulations) provides that catch limits apply as conditions on fishing permits that authorise the taking of tuna in northern waters. The species catch limits for each fishing trip are listed in Part 2 of Schedule 5 of the Management Regulations. The catch limit on species listed in Part 2 of Schedule 5, including dolphinfish (Coryphaena hippurus), is currently set at 10 fish by Regulation 51(2)(b).

The purpose of the regulations is to remove the catch limit for dolphinfish in Queensland waters, as the current catch limit was based on shorter fishing trips than are now the norm, and the species is not now considered to be susceptible to overfishing. The regulations remove the catch limit by exempting dolphinfish that are caught in Queensland waters from the operation of regulation 51(2)(b) and adding a definition of Queensland waters.

The regulations give effect to the terms of a Memorandum of Understanding (MOU) between the Commonwealth of Australia and the State of Queensland. The MOU has been amended by agreement between the Commonwealth of Australia and the State of Queensland to remove the catch limit on dolphinfish, and these regulations give legislative effect to that agreement.

The 10 fish trip limit was set in 1995 when domestic tuna fisheries primarily operated in inshore waters and the average trip duration was two to three days. However, contemporary domestic longline vessels have a greater storage capacity and may travel up to 600 nautical miles during trips of up to 14 days. Fishing activity is now moving further offshore. As a consequence, catches of dolphinfish are increasing and considerably exceeding the 10 fish trip limit. There are no concerns regarding the ecological sustainability of dolphinfish. Due to the catch limits, tuna and billfish operators are being forced to discard dolphinfish at sea. The regulations enable operators to legally retain and process dolphinfish.

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 2003 (No. 2).

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 subregulation for the former subregulation 51(3). The former subregulation referred only to an exemption from catch limits on black kingfish and the new subregulation, as well as referring to black kingfish, removes the catch limit for dolphinfish caught in Queensland waters.

Schedule 1 Item 1 also inserts a new subregulation 51(4) which defines the boundary between Northern Territory and Queensland waters.