EXPLANATORY STATEMENT

Select Legislative Instrument 2009 No. 253

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

Fisheries Management Act 1991

Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009

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.

Sections 44 and 45 of the Act, respectively, provide that the Australian Fisheries Management Authority (AFMA) must keep a Register of Statutory Fishing Rights, and must enter certain information in the Register for each statutory fishing right (SFR) that it grants, including the name of the person to whom the SFR is granted; the description of the SFR; the period of time for which the SFR is granted; the name of the fishery; the conditions of the SFR and such other particulars as are prescribed. These particulars, as well as those prescribed under the Regulations, are generally considered essential standard public contact information necessary for regulatory purposes. The particulars facilitate the administration of SFRs, including the administration of SFR transfers, for the fishery.

The Register must be available for inspection by any person, in accordance with section 52 of the Act.

The Regulations prescribe the additional information that AFMA must enter in the Register in respect of the Eastern Tuna and Billfish Fishery (ETBF). For each SFR granted for that fishery, the information AFMA must enter in the Register includes the holder’s name, contact information, ABN and ACN (if the holder is a corporation) and particulars relating to the holder’s nominated boat, including the name of the boat and its distinguishing symbol. All of AFMA’s SFR managed fisheries have similar SFR Registers.

There was previously no need for this information to be included in the Register for the ETBF as there were no SFRs in the ETBF. The Register is only relevant once SFRs are granted. This is the first time that SFRs have been granted in the ETBF, hence the requirement for the Regulations.

AFMA will update any new relevant particulars as they become available. The Regulations support the Eastern Tuna and Billfish Fishery Management Plan 2005 (the Plan).

The Regulations also prescribe the period of the fishing season in the ETBF, for the purposes of the Plan.

 

Regulation Impact Statement

 

In view of the low impact on business, the Office of Regulation Review has advised that a Business Cost Calculator Report or a Regulation Impact Statement is not required (ID 10479).

 

Consultation

The Eastern Tuna and Billfish Management Advisory Committee, established under section 56 of the Fisheries Administration Act 1991, was consulted on the dates to be prescribed to set the period of the fishing season. Consultation with any external party on the additional information to be included in the Register was not warranted, in view of the mechanical nature of the regulations; and of the fact that the prescribed information is consistent with the information included in the Register for other fisheries to facilitate industry trading of SFRs, and other dealings in those rights.

The Regulations

Details of the Regulations are set out below:

Regulation 1 provides for the Regulations to be cited as the Fisheries Management (Eastern Tuna and Billfish Fishery) Regulations 2009.

Regulation 2 provides that the Regulations commence on the day after they are registered.

Regulation 3 defines the following terms, for the purpose of the Regulations: Act, Fisheries Management Regulations, identification code, Management Plan, holder, nominated boat, and statutory fishing right.

Regulation 4 provides a list of the specific details of holders of SFRs to be recorded in the Register. The particulars facilitate the administration of SFRs, including the administration of SFR transfers, for the ETBF.

Subregulation 4(1) provides that AFMA must enter the following particulars in the Register: the name of the holder of a statutory fishing right; the postal address of the holder of the right; the telephone number, fax number and e-mail address (if any) of the holder of the right; and if the holder of the right is a corporation – its Australian Business Number (ABN) and Australian Company Number (ACN) (if any).

Subregulation 4(2) provides that AFMA must also enter in the Register the following particulars that relate to a nominated boat of the holder: the name of the boat, and the identification code or a distinguishing symbol for the boat.

 

Subregulation 5 defines ‘fishing season’ for the purposes of the Plan. It provides that each of the following periods is a fishing season:

 

(a) the period starting on 1 November 2009 and ending at the

end of 28 March 2011; and

 

(b) each subsequent period starting on 1 March in a year;

and ending on the last day of February in the following year.

Note: Section 3 of the Plan provides that in the Plan, ‘fishing season’ has the meaning given by the ETBF Regulations.