Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT REGULATIONS (AMENDMENT) 1993 NO. 118

EXPLANATORY STATEMENT

STATUTORY RULES 1993 No. 118

Issued by the Authority of the minister for Resources

Fisheries Management Act 1991

Fisheries Management Regulations (Amendment)

Subsection 4(7) of the Fisheries Management Act 1991 (the Act) provides that an amendment to the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America (the Treaty) will not have effect for the purposes of the Act unless Regulations are made declaring that the amendments have effect for the purposes of the Act. The Treaty forms the Schedule to the Act.

Section 168 of the Act empowers the Governor-General to make regulations for the purposes of the Act.

Prior to commencement of the Act, Commonwealth fisheries were subject to the Fisheries Act 1952 (the Fisheries Act). When the Fisheries Act was repealed by subsection 3(2) of the Fisheries Legislation (Consequential Provisions) Act 1991, Part IVA was perpetuated for a further two years. The consequence of this is that fisheries (or parts of fisheries) which are the subject of agreements made under Part IVA, continue to be managed under the Fisheries Act, instead of being managed under the Act, until the sunset provisions of the Consequential Provisions Act take effect. Fisheries that continue to be managed under the Act in this manner are known as "Part IVA fisheries".

Australia is one of 16 parties to the Treaty which currently allows up to 50 united States (US) tuna purse seine vessels to operate in the Western Pacific, targeting skipjack and yellowfin tunas. The Treaty entered into force on 15 June 1988. Its financial provisions will expire on 15 June 1993. Amendments to the Treaty have been negotiated between Pacific Island Parties and the United States of America which provide for improved financial arrangements. The amendments also include modification to the Annexes detailing the terms and conditions under which US vessels obtain access.

The amendments to the Treaty will be in force for ten years and will be reviewed after five years. They include a lump sum of US$18 million per year, of which US$14 million is to be paid by the US Government and US$4 million is to be paid by US industry, and contain specific cost recovery provisions which will be paid in a lump sum. The number of vessels under the Treaty will increase from 50 to 55. The amendments also include new provisions requiring vessels to be marked in accordance with Food and Agriculture organisation guidelines, and specific provisions laying down reporting requirements for transhipment of catch.

In approving Australian signature and ratification of the Treaty in 1987, the Government agreed that minor amendments to the Treaty should be approved by the minister responsible for fisheries matters. The amendments to the Treaty do not change policy or financial considerations from those approved by the Government when the Treaty came into force in 1987.

The Treaty provides for US boats to have access to a portion of the East Coast Tuna Purse Seine Fishery (ECTPS fishery), known "US Treaty Access Area". The US Treaty Access Area is as the in a portion of the ECTPS fishery that is a Part IVA fishery. The amendments to the Treaty provide for modifications to the Annexes detailing terms and conditions under which US boats would be granted access. As the ECTPS fishery is a Part IVA fishery, US boats desiring access to the US Treaty Access Area would need to be granted an authorisation (namely, a foreign fishing boat licence) under the Fisheries Act to secure that access.

To implement the amendments to the Treaty and in accordance with subsection 4(7) of the Act, Regulations under section 168 of the Act are required. The Regulations cause the amendments to the Treaty to take effect for the purposes of the Act, and append the amendments as a new Schedule to the Fisheries Management Regulations.

It is intended that the Regulations take effect to coincide with Australia's notification of acceptance of the amended Treaty, and need to be in place no later than 15 June 1993 when the amended Treaty is to be signed.

Details of the Regulations are as follows:

Regulation 1 provides for citation of the Regulations.

Regulation 2 provides for commencement of the amended Treaty.

Regulation 3 adds the text of the Treaty as a new Schedule.

The Schedule to the Regulations sets out the amendments to the

The proposed Regulations will commence on Gazettal.


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