Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT REGULATIONS (AMENDMENT) 1995 NO. 360

STATUTORY RULES 1995 No. 360

Issued by the authority of the Minister for Resources

Fisheries Management Act 1991

Fisheries Management Regulations (Amendment)

Subsection 168(1) of the Fisheries Management Act 1991 (the Act) empowers the Governor-General to make regulations required or permitted by the Act to be prescribed and regulations necessary or convenient to be prescribed in carrying out or giving effect to the Act.

Subsection 8(1) of the Act provides for the making of regulations for the purpose of extending the application of the Management Act to specified areas outside the Australian fishing zone (AFZ) in relation to, among others, Australian boats and persons on Australian boats.

Subsection 14(1) of the Act provides that, for the purpose of conserving the marine environment, the regulations may prohibit, or make provision for the regulation of, the engaging in specified activities, or the use of specified practices, by, among others, Australian boats and persons on Australian boats, whether engaged in fishing in or outside of the AFZ.

The Fisheries Management Regulations (the principal Regulations) prescribe matters in support of the Act, including matters regulating the operation of boats.

The purpose of the Fisheries Management Regulations (Amendment) (the Regulations) is to amend the principal Regulations to require that Australian persons using pelagic or drifting longline fishing methods in waters south of the parallel of Latitude 30' South use a Tori pole equipped with a bird line and paired streamers (collectively known as Tori pole apparatus) when setting the longline.

When pelagic or drifting longlines are set from a boat, the baited hooks cast out with the longline sink sufficiently slowly to remain close to the surface of the water for a period long enough to attract sea birds. The sea birds may get caught on the hooks when attempting to take the bait and drown.

The use of Tori pole apparatus has been shown in recent studies to significantly reduce mortality rates of seabirds attracted to the baited hooks. By doing so, Tori pole apparatus are expected to help protect the remaining populations of Wandering Albatross, known to be especially susceptible to being caught on the baited hooks.

It has been shown that it is not necessary to use the Tori pole apparatus in any other part of longlining operations, such as retrieval, as the circumstance producing high mortality, namely baited hooks close to the surface of the water, only occur during setting operations. On the basis of current research, other longline fishing, such as demersal longlining, does not appear to pose any significant risks to seabirds.

The studies have also shown that, to be effective, the Tori pole apparatus should conform to standards worked out from recent research and a separate Tori pole apparatus should be used to cover each point where a longline's hooks enter the water. A standard appropriate to Australian boats (including an explanatory illustration) is included in the Regulations. The studies have also shown that the Ton poles are only required in the range of the larger seabirds, which is typically further south than 30' South,

The Regulations require the use of Tori poles within these parameters. The only exception to the requirements is if another apparatus was used in place of the Tori pole apparatus under a scientific permit granted under the Act. In such a case, the other apparatus must be designed to achieve the same result as a Tori pole apparatus conforming with the standards in the Regulations.

The requirements only apply to Australian boats, as agreements between the Commonwealth and operators of foreign boats in the Australian fishing zone (AFZ) already provide adequate requirements for those foreign boats to use Tori pole apparatus. Due to the geographic limitations of Australian sovereign rights over fishing, it is not possible for the requirements to be applied by Australia to foreign boats fishing outside of the AFZ.

Introduction of Tori pole apparatus and the standard specified in the Regulations have both been recommended by the Australian Fisheries Management Authority, following consultation with:

•       the Tasmanian Parks and Wildlife Service, which has conducted research into seabird mitigation devices during the past 6 years; and

•       the management advisory committees of the Southern Bluefin Tuna Fishery, the East Coast Tuna Fishery, the Western Tuna and Billfish Fishery and the Southern Tuna Fishery, which comprise the fisheries under Commonwealth management that are affected by the new requirements.

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

Regulation 1 provides that the Regulations amend the principal Regulations.

Regulation 2 inserts new regulation 19A, which requires the use of Tori pole apparatus meeting the standard described in new Schedule 3D, when a longline is set from an Australian boat in particular waters south of 30' South.

Regulation 3 inserts the new Schedule 3D, which includes the explanatory illustration of the Tori pole apparatus.