Part 1
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Commonwealth act
The Fisheries Management Act 1991 sets Australia’s federal rules for managing ocean fisheries (the AFZ and Australian fishers on the high seas), creating AFMA to licence, regulate and enforce sustainable use. It primarily governs commercial and foreign fishing—who may fish, how, and with what rights—while recreational fishers are mostly exempt. The law prioritises ecological sustainability, international obligations and imposes substantial penalties for breaches, so it shapes who can fish, how much, and how fisheries are stewarded.
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Direct links to the current provisions in Fisheries Management Act 1991.
This Act may be cited as the Fisheries Management Act 1991.
(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Part 5 commences upon the repeal or the ceasing to have effect (as the case may be) of Part IVA of the Fisheries Act 1952. (3) Subject to subsection (4), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation. (4) If a provision mentioned in subsection (3) does not commence under that subsection within the period of 6 months commencing on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
(1) The following objectives must be pursued by the Minister in the administration of this Act and by AFMA in the performance of its functions: (a) implementing efficient and cost‑effective fisheries management on behalf of the Commonwealth; and (b) ensuring that the exploitation of fisheries resources and the carrying on of any related activities are conducted in a manner consistent with the principles of ecologically sustainable development (which include the exercise of the precautionary principle), in particular the need to have regard to the impact of fishing activities on non‑target species and the long term sustainability of the marine environment; and (c) maximising the net economic returns to the Australian community from the management of Australian fisheries; and (d) ensuring accountability to the fishing industry and to the Australian community in AFMA’s management of fisheries resources; and (e) achieving government targets in relation to the recovery of the costs of AFMA. (2) In addition to the objectives mentioned in subsection (1), or in section 78 of this Act, the Minister, AFMA and Joint Authorities are to have regard to the objectives of: (a) ensuring, through proper conservation and management measures, that the living resources of the AFZ are not endangered by over‑exploitation; and (b) achieving the optimum utilisation of the living resources of the AFZ; and (c) ensuring that conservation and management measures in the AFZ and the high seas implement Australia’s obligations under international agreements that deal with fish stocks; and (d) to the extent that Australia has obligations: (i) under international law; or (ii) under the Compliance Agreement or any other international agreement; in relation to fishing activities by Australian‑flagged boats on the high seas that are additional to the obligations referred to in paragraph (c)—ensuring that Australia implements those first‑mentioned obligations; and (e) ensuring that the interests of commercial, recreational and Indigenous fishers are taken into account; but must ensure, as far as practicable, that measures adopted in pursuit of those objectives must not be inconsistent with the preservation, conservation and protection of all species of whales.
The following principles are principles of ecologically sustainable development: (a) decision‑making processes should effectively integrate both long‑term and short‑term economic, environmental, social and equity considerations; (b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation; (c) the principle of inter‑generational equity—that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations; (d) the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision‑making; (e) improved valuation, pricing and incentive mechanisms should be promoted.
(1) In this Act, unless the contrary intention appears:
Administrator means the person or organisation that is the Administrator within the meaning of the Treaty.
AFMA means the Australian Fisheries Management Authority.
AFMA staff member has the same meaning as in the Fisheries Administration Act 1991.
AFZ means the Australian fishing zone.
approved means approved by AFMA or, in relation to a Joint Authority fishery, by the Joint Authority.
Australian boat means:
(a) a boat:
(i) the operations of which are based on a place in Australia or an external Territory; and
(ii) that is wholly‑owned by a natural person who is a resident of, or by a company incorporated in, Australia or an external Territory; and
(iii) that was built in Australia or an external Territory; or
(b) a boat, not being a boat mentioned in paragraph (a) or a boat owned by a foreign resident that is under a demise charter, that is registered under the Shipping Registration Act 1981; or
(c) a boat the subject of a declaration under subsection (2).
Australian continental shelf means the continental shelf adjacent to the coast of Australia and the continental shelf adjacent to each of the external Territories.
Australian fishing zone means:
(a) the waters adjacent to Australia within the outer limits of the exclusive economic zone adjacent to the coast of Australia; and
(b) the waters adjacent to each external territory within the outer limits of the exclusive economic zone adjacent to the coast of the external Territory;
but does not include: (c) coastal waters of, or waters within the limits of, a State or internal Territory; or (d) waters that are excepted waters.
Australian‑flagged boat means a boat that:
(a) is an Australian ship as defined in the Shipping Registration Act 1981; or
(b) would be an Australian ship as defined in the Shipping Registration Act 1981 if it were a ship as defined in that Act.
Australian national means:
(a) an Australian citizen; or
(b) a resident of Australia; or
(c) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or
(d) any other body corporate that carries on its activities principally in Australia.
Australian resident means:
(a) a person who holds a permanent visa (as defined in the Migration Act 1958) that is in effect; or
(b) a New Zealand citizen who is usually resident in Australia or a Territory and who holds a special category visa (as defined in the Migration Act 1958) that is in effect; or
(c) any other person who is usually resident in Australia or a Territory and whose continued presence in Australia or a Territory is not subject to a limitation as to time imposed by law.
being investigated for a fisheries offence, in relation to the holder of a fishing concession, means:
(a) AFMA is investigating whether the holder has committed a fisheries offence; or
(b) a law enforcement agency has notified AFMA that the agency is investigating whether the holder has committed a fisheries offence; or
(c) the holder is charged with a fisheries offence.
boat means launch, vessel or floating craft of any description.
CEO has the same meaning as in the Fisheries Administration Act 1991.
charter boat means a boat that is being used exclusively for recreational fishing in the course of an arrangement under which money or some other consideration is, or is required to be, paid or given by or on behalf of a person or persons for the right to fish from that boat.
coastal waters has the meaning given by section 5.
Commission has the same meaning as in the Fisheries Administration Act 1991.
Compliance Agreement means the Agreement to promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas done at Rome on 24 November 1993, a copy of the English text of which is set out in Schedule 3.
computer function notice has the meaning given by section 163D.
conservation area, for a conserved fish stock, means the area to which the international fisheries management measure that covers the fish stock relates.
conserved fish stock means a fish stock covered by an international fisheries management measure.
conveyance includes an aircraft, vehicle or vessel.
cooperative enforcement has the meaning given by section 84B.
Cooperative Enforcement Agreement has the meaning given by section 84B.
dealing includes a transmission by operation of law.
defensive equipment has the meaning given by section 89A.
electronic decision has the meaning given by section 163B.
e‑monitoring means electronic monitoring.
e‑monitoring data means any data (whether or not that data is also personal information, within the meaning of the Privacy Act 1988) that is, or was:
(a) generated by; or
(b) transmitted by; or
(c) stored by;
e‑monitoring equipment installed, carried or used in compliance with a condition imposed under section 40C of this Act on a fishing concession or scientific permit.
e‑monitoring equipment means:
(a) a thing used for, intended to be used for, or capable of being used for, generating, transmitting or storing data; or
(b) a thing that makes, is intended to make, or is capable of making, a thing covered by paragraph (a) operational.
evidential material means a thing relevant to an indictable offence, or a thing relevant to a summary offence, against this Act or the regulations, including such a thing in electronic form.
excepted waters means waters specified by Proclamation under section 11.
executing officer, in relation to a warrant, means:
(a) the officer named in the warrant by the magistrate who issued the warrant as being responsible for executing the warrant; or
(b) if the officer so named does not intend to be present at the execution of the warrant—another officer whose name has been written in the warrant by the officer so named; or
(c) another officer whose name has been written in the warrant by the officer last named in the warrant.
FAO means the Food and Agriculture Organization of the United Nations.
fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
fisheries legislation means:
(a) this Act or the regulations; or
(b) another Act or regulations that are:
(i) administered by the Minister; and
(ii) prescribed under the regulations.
fisheries offence means:
(a) an offence against this Act or the regulations; or
(b) an offence against another Act that relates to a fishing concession (including an offence for unlawfully obtaining a fishing concession, for example).
fishery means a class of activities by way of fishing, including activities identified by reference to all or any of the following:
(a) a species or type of fish;
(b) a description of fish by reference to sex or any other characteristic;
(c) an area of waters or of seabed;
(d) a method of fishing;
(e) a class of boats;
(f) a class of persons;
(g) a purpose of activities.
fishing means:
(a) searching for, or taking, fish; or
(b) attempting to search for, or take, fish; or
(c) engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish; or
(d) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or
(e) any operations at sea directly in support of, or in preparation for, any activity described in this definition; or
(f) aircraft use relating to any activity described in this definition except flights in emergencies involving the health or safety of crew members or the safety of a boat; or
(g) the processing, carrying or transhipping of fish that have been taken.
fishing concession means:
(a) a statutory fishing right; or
(b) a fishing permit; or
(c) a foreign fishing licence.
fishing concession certificate has the meaning given by section 163E.
fishing permit means a fishing permit granted under section 32.
fishing‑related activity means any of the following:
(a) searching for, or taking, fish;
(b) attempting to search for, or take, fish;
(c) engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish;
(d) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons;
(e) the processing, carrying or transhipping of fish that have been taken;
(f) the discarding from a boat of fish, marine mammals, marine reptiles or seabirds;
(g) any other activity prescribed by the regulations for the purposes of this definition;
(h) any operations on a boat directly in support of, or in preparation for, any activity covered by another paragraph of this definition;
(i) any other encounters with fish, marine mammals, marine reptiles or seabirds while engaging in any activity or operation covered by another paragraph of this definition;
(j) any other encounters with the marine environment while engaging in any activity or operation covered by another paragraph of this definition.
Note: If an activity is prescribed by the regulations under paragraph (g) it is an activity covered by paragraph (g) for the purposes of paragraphs (h), (i) and (j). So, for example, an encounter with the marine environment while engaging in an activity prescribed under paragraph (g) is also a fishing‑related activity.
fishing right means a statutory fishing right.
fishing vessel of the United States has the same meaning as in the Treaty.
fish receiver permit means a fish receiver permit granted under section 91.
Fish Stocks Agreement means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, a copy of the English text of which is set out in Schedule 2.
foreign boat means a boat other than an Australian boat.
foreign fishing licence means a foreign fishing licence granted under section 34.
foreign master fishing licence means a foreign master fishing licence granted under section 40.
highly migratory fish stock has the same meaning as in the Fish Stocks Agreement.
high seas means the waters that are:
(a) outside the outer limits of the exclusive economic zones of all countries, including Australia and its external Territories; or
(b) inside the outer limits of the exclusive economic zone adjacent to the coast of the Australian Antarctic Territory.
holder of a licence, permit or right:
(a) means:
(i) the person to whom the licence, permit or right was granted; or
(ii) if the permit or right has been transferred—the person to whom the permit or right was last transferred; and
(b) in the case of a statutory fishing right that is leased to another person by a lease registered under section 46—includes the lessee of the statutory fishing right.
international conservation and management measure means a measure to conserve and manage one or more species of living marine resources that is adopted and applied, in accordance with the relevant rules of international law as reflected in the 1982 United Nations Convention on the Law of the Sea:
(a) by a global, regional or subregional fisheries organisation; or
(b) by treaty or other international agreement.
Note: The English text of the United Nations Convention on the Law of the Sea is set out in Australian Treaty Series 1994 No. 31.
international fisheries management measure means a measure prescribed by the regulations to give effect to a measure established by an international fisheries management organisation.
international fisheries management organisation means a global, regional or subregional fisheries organisation or arrangement prescribed by the regulations.
international officer has the meaning given by section 84B.
Joint Authority means an authority established by or under section 61.
law enforcement agency means a government body that has responsibility for the enforcement of the laws of:
(a) the Commonwealth; or
(b) a State or Territory.
lease, of a fishing right, means a temporary assignment of the fishing right.
magistrate includes a justice of the peace or other person employed in a court of a State or Territory who is authorised to issue search warrants.
managed fishery means a fishery to which a plan of management relates.
master, in relation to a boat, means the master or other person in charge of the boat.
member, in relation to the Panel, means a member of the Panel.
Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to fisheries.
modification includes addition, omission and substitution.
offence against this Act includes an offence against section 136.1, 137.1, 137.2, 148.1, 148.2, 147.1 or 149.1 of the Criminal Code that relates to this Act.
officer means:
(a) a person appointed under section 83 to be an officer for the purposes of this Act; or
(b) a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; or
(c) a member of the Defence Force; or
(d) an officer of Customs (as defined in the Customs Act 1901).
Pacific Island party, in relation to the Treaty, has the same meaning as in the Treaty.
Pacific Island party officer means a person (other than a person mentioned in paragraph (a), (b) or (c) of the definition of officer) who is authorised by or under the law of a Pacific Island party to perform the functions and duties of an observer on Treaty boats.
Panel means the Statutory Fishing Rights Allocation Review Panel.
party, in relation to the Treaty, has the same meaning as in the Treaty.
plan of management means a plan of management determined under section 17.
port permit means a port permit granted under section 94.
PPSA security interest (short for Personal Property Securities Act security interest) means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies, other than a transitional security interest within the meaning of that Act.
Note 1: The Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:
(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of security interest);
(c) Chapter 9 (transitional provisions).
Note 2: For the meaning of transitional security interest, see section 308 of the Personal Property Securities Act 2009.
precautionary principle has the same meaning as in clause 3.5.1 of the Intergovernmental Agreement on the Environment, a copy of which is set out in the Schedule to the National Environment Protection Council Act 1994.
premises includes a place and a conveyance.
Presiding Member means the Presiding Member of Australian Fisheries Management Authority Selection Committees appointed under section 139.
primary stakeholder has the meaning given in the Fisheries Administration Act 1991.
principles of ecologically sustainable development has the meaning given by section 3A.
processing, in relation to fish, includes the work of cutting up, dismembering, cleaning, sorting, packing or freezing.
receive, in relation to fish, means receive fish for any purpose other than:
(a) personal or domestic consumption; or
(b) solely for transportation.
Register means the Register of Statutory Fishing Rights kept by AFMA under section 44.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant Treaty purpose has the meaning given by subsection (6).
scientific permit means a scientific permit granted under section 33.
sedentary organism means an organism of a kind declared by Proclamation under section 12 to be a sedentary organism to which this Act applies.
Selection Committee means an Australian Fisheries Management Authority Selection Committee established under section 141A.
statutory fishing right has the meaning given by section 21.
statutory fishing rights option has the meaning given by section 31A.
straddling fish stock has the same meaning as in the Fish Stocks Agreement.
take, in relation to fish, means catch, capture, take or harvest.
temporary order means an order made under section 43.
Treaty means the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America that was signed at Port Moresby on 2 April 1987, a copy of which is set out in Schedule 1, and, subject to subsection (7), includes that Treaty as amended from time to time.
Treaty area has the same meaning as in the Treaty.
Treaty boat means a foreign boat that is a fishing vessel of the United States.
Treaty licence means a licence issued, for the purposes of the Treaty, by the Administrator in respect of a Treaty boat.
warrant means a warrant under section 85 or 86.
warrant premises means premises in relation to which a warrant is in force.
whale means any member of the sub‑order Mysticeti or Odontoceti of the order Cetacea.
(2) Where: (a) a boat has been lawfully imported into Australia for a limited period; and (b) AFMA is satisfied that the extent of participation of citizens or residents of Australia, either directly or indirectly (whether through the holding of shares in a company or otherwise), in the control of the operations of the boat in the AFZ during that period, and the nature of those operations, will be such as to justify it in so doing; AFMA may, by instrument published in the Gazette, declare that, during that period, the boat is taken to be an Australian boat for the purposes of this Act. (3) AFMA may: (a) because of a change in circumstances, by instrument published in the Gazette, at any time revoke an instrument under subsection (2); or (b) by instrument published in the Gazette, extend the period for which an instrument under subsection (2) is to remain in force. (4) For the purposes of this Act: (a) in relation to a fishery or a managed fishery that is identified by reference to an area, a reference to activities in the fishery or in the managed fishery includes activities in that area; and (b) in relation to a fishery or a managed fishery that is identified by reference to any matter other than an area, a reference to activities in the fishery or in the managed fishery includes activities in relation to the fishery. (5) For the purposes of this Act, a charter boat, the person in charge of the boat and any other person fishing from the boat are taken to be engaged in recreational fishing. (6) A reference in this Act to a relevant Treaty purpose is a reference to the purpose of: (a) performing the functions and duties of an observer in accordance with Part 6 of Annex 1 to the Treaty or an observer program conducted in accordance with the Treaty; or (b) ascertaining whether the provisions of this Act have been or are being complied with on, or in relation to the use of, a Treaty boat while it is in the AFZ. (7) An amendment of the Treaty that alters the Treaty area that is within the AFZ or that alters a condition of a Treaty licence in a way that affects fishing by Treaty boats within the AFZ under a Treaty licence: (a) does not have effect for the purposes of this Act unless the amendment is declared by the regulations to have effect for the purposes of this Act; and (b) takes effect for the purposes of this Act on the day on which regulations mentioned in paragraph (a) take effect or on such later day as is specified in those regulations. (8) If an arrangement under Division 3 of Part 5 is varied, a reference in this Act to the arrangement is a reference to the arrangement as varied.
(1) For the purposes of this Act, the coastal waters of a State or internal Territory are: (a) the part or parts of the territorial sea of Australia that are: (i) within 3 nautical miles of the baseline by reference to which the territorial limits of Australia are defined for the purposes of international law; and (ii) adjacent to that State or Territory; and (b) any marine or tidal waters that are on the landward side of that baseline and are adjacent to that State or Territory but are not within the limits of a State or Territory. (2) Any part of the territorial sea of Australia that is adjacent to the Jervis Bay Territory is, for the purposes of subsection (1), taken to be adjacent to New South Wales.
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (2) Nothing in this Act makes the Crown liable to be prosecuted for an offence.
Chapter 2 (other than Part 2.5) of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(1) This Act extends to all of the Territories and has extra‑territorial operation. (2) In relation to the AFZ and to fishing for sedentary organisms outside the AFZ, this Act applies to all persons, including foreigners, and to all boats, including foreign boats. (3) In relation to fishing activities on waters outside the AFZ, this Act applies: (a) to Australian boats and to Australian‑flagged boats that are not Australian boats; and (b) to all persons (including foreigners) on boats to which paragraph (a) applies. This subsection does not limit subsection (2) or express provisions that extend the application of this Act. (4) Subsections (2) and (3) do not limit the extra‑territorial operation of this Act.
(1) The regulations may provide that, in respect of specified areas outside the AFZ, or in respect of the high seas generally, this Act applies to: (a) Australian citizens; and (b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and (c) Australian boats and Australian‑flagged boats that are not Australian boats; and (d) persons on board boats to which paragraph (c) applies. (2) The Act so applies subject to any exceptions or modifications specified in the regulations. (3) When a provision of this Act applies in relation to such an area, then, subject to the regulations, references in that provision to the AFZ are to be read as references to that area. (4) This section does not limit the extra‑territorial operation of this Act.
(1) The regulations may: (a) provide for the placement of persons as observers on board foreign fishing boats that will be, or are, operating outside the AFZ; and (b) set out the functions, powers and duties of persons so placed. (2) Without otherwise limiting the generality of subsection (1): (a) a person may be so placed only if the placement is authorised under a regional arrangement, or a bilateral or multilateral treaty, to which Australia, or a body acting on behalf of Australia, is a party; and (b) the functions, powers and duties conferred or imposed on persons so placed must be consistent with the terms of that arrangement or treaty. (3) In this section:
foreign fishing boat means a foreign boat that is equipped for fishing.
(1) This Act, other than this section and sections 84 and 108, does not apply to or in relation to the Protected Zone. (2) Where there is in force a Proclamation under subsection 15(1) or (2) of the Torres Strait Fisheries Act 1984 in relation to an area adjacent to the Protected Zone, this Act, other than this section and sections 84 and 108, does not, except as provided by subsection (3), apply in relation to any activities within that area to which the Torres Strait Fisheries Act 1984 applies by virtue of the Proclamation. (3) If the Proclamation came into force after the commencement of this section, this Act applies, in relation to matters that occurred after that commencement but before the Proclamation came into force, in relation to any activities within the area to which the Proclamation relates. (4) In this section:
Protected Zone has the same meaning as in the Torres Strait Fisheries Act 1984.
(1) Unless the contrary intention appears, if a provision of this Act: (a) would, apart from this section, have an invalid application; but (b) also has at least one valid application; it is the Parliament’s intention that the provision is not to have the invalid application, but is to have every valid application. (2) Despite subsection (1), the provision is not to have a particular valid application if: (a) apart from this section, it is clear, taking into account the provision’s context and the purpose or object underlying this Act, that the provision was intended to have that valid application only if every invalid application, or a particular invalid application, of the provision had also been within the Commonwealth’s legislative power; or (b) the provision’s operation in relation to that valid application would be different in a substantial respect from what would have been its operation in relation to that valid application if every invalid application of the provision had been within the Commonwealth’s legislative power. (3) Subsection (2) does not limit the cases where a contrary intention may be taken to appear for the purposes of subsection (1). (4) This section applies to a provision of this Act, whether enacted before, at or after the commencement of this section. (5) In this section:
application means an application in relation to:
(a) one or more particular persons, things, matters, places, circumstances or cases; or
(b) one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases.
invalid application, in relation to a provision, means an application because of which the provision exceeds the Commonwealth’s legislative power.
valid application, in relation to a provision, means an application that, if it were the provision’s only application, would be within the Commonwealth’s legislative power.
(1) Except as provided by subsections (2) and (3), this Act is not intended to exclude or limit the concurrent operation of any law of a State or Territory. (2) Subject to subsection (3), the Parliament intends that this Act is to apply to the exclusion of any law of a State or Territory relating to fish or fishing so far as that law would, but for this Act, apply to: (a) activities in the AFZ; or (b) activities in the coastal waters of a State or Territory in respect of which a fishery to which an arrangement mentioned in section 12K of the Fisheries Act 1952, or section 76 of this Act, relates; or (c) the landing in the State or Territory of fish taken under a statutory fishing right or fishing permit by prohibiting such landing or by requiring such landing to be done under a licence, permit or similar instrument or upon payment of a fee or charge. (3) This Act does not apply to: (a) recreational fishing (whether from a charter boat or otherwise) that is carried on in the AFZ or outside the AFZ by the use of an Australian boat, other than recreational fishing that is prohibited or regulated by a plan of management or temporary order; or (b) recreational fishing (whether from a charter boat or otherwise) that is carried on by the use of an Australian boat in the coastal waters of a State or Territory, being coastal waters in respect of which an arrangement mentioned in section 12K of the Fisheries Act 1952, or section 76 of this Act, relates, other than recreational fishing that is prohibited or regulated by a plan of management or temporary order; or (c) activities in the AFZ to which, because of section 77, this Act does not apply. (4) The reference in paragraph 10(2)(c) to prohibiting the landing in a State or Territory of fish taken under a statutory fishing right or fishing permit includes a reference to: (a) directly prohibiting the landing of such fish in the State or Territory; or (b) directly prohibiting or regulating the possession or processing of, or other dealing with, such fish in the State or Territory in any respect that would be likely to substantially discourage the landing of such fish in the State or Territory. (5) For the avoidance of doubt, the reference in subsection (2) to a law of a State or Territory relating to fish or fishing does not include such a law that is for the protection of public health, for ensuring safety or for any similar objective.
The Governor‑General may, by Proclamation, declare any waters to be excepted waters for the purposes of this Act.
(1) If the Governor‑General is satisfied that a marine organism of any kind is, for the purposes of international law, part of the living natural resources of the Australian continental shelf because it is, for the purposes of international law, an organism belonging to a sedentary species, the Governor‑General may, by Proclamation, declare the organism to be a sedentary organism to which this Act applies. (2) Where by this Act (other than Part 5), or the regulations, provision is made in relation to fishing in the AFZ or a fishery, such provision, to the extent that it is capable of doing so, extends by force of this section to fishing for sedentary organisms, in or on any part of the Australian continental shelf not within the AFZ or the fishery as if they were within the AFZ or the fishery. (3) Without limiting the operation of subsection (2), a reference in that subsection to making provision in relation to fishing includes a reference to making provision in respect of: (a) the granting of fishing concessions, scientific permits and foreign master fishing licences; and (b) the prohibition or regulation of fishing; and (c) the powers of officers. (4) A reference in this section to the Australian continental shelf includes a reference to the waters above the Australian continental shelf.
(1) A person must not engage in driftnet fishing activities in the AFZ.
Penalty: 500 penalty units.
(1A) In subsection (1), strict liability applies to the physical element of circumstance, that the relevant conduct is engaged in within the AFZ.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) An Australian citizen must not engage in driftnet fishing activities outside the AFZ.
Penalty: 500 penalty units.
(3) A body corporate that is incorporated in Australia or carries on activities mainly in Australia must not engage in driftnet fishing activities outside the AFZ.
Penalty: 2,500 penalty units.
(4) A person must not, outside the AFZ, engage in driftnet fishing activities from an Australian boat.
Penalty: 500 penalty units.
(4A) In subsections (2), (3) and (4), strict liability applies to the physical element of circumstance, that the relevant conduct is engaged in outside the AFZ.
Note: For strict liability, see section 6.1 of the Criminal Code.
(5) In subsection (1):
driftnet means a gillnet or other net or a combination of nets that is more than 2.5 kilometres in length, or such shorter length as is prescribed, the purpose of which is to enmesh, entrap or entangle fish by drifting on the surface of or in the water.
driftnet fishing activities means:
(a) taking fish with the use of a driftnet; or
(b) engaging in any other activity that can reasonably be expected to result in the taking of fish with the use of a driftnet, including searching for and locating fish to be taken by that method; or
(c) any operations at sea in support of, or in preparation for any activity described in this definition, including operations of placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or
(d) aircraft use relating to the activities described in this definition except for flights in emergencies involving the health or safety of crew members or the safety of a boat; or
(e) transporting, transhipping and processing any driftnet catch, and co‑operation in the provision of food, fuel and other supplies for boats equipped for or engaged in driftnet fishing.
(1) 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: (a) persons engaged in fishing in the AFZ; and (b) Australian boats, and persons on Australian boats, engaged in fishing outside the AFZ. (2) Without limiting the generality of subsection (1), regulations may be made in relation to: (a) the employment of specified fishing practices or methods; and (b) the use of specified fishing equipment; and (c) the taking, and treatment of, by‑catches, and the making of returns in relation to by‑catches taken; and (d) littering at sea.
(1) A person must not (otherwise than in accordance with the terms of a scientific permit): (a) in the AFZ, take black cod (Epinephelus daemelii); or (b) in the AFZ, or in a part of the AFZ specified in the regulations, take prescribed fish.
Penalty: 125 penalty units.
(2) A person on an Australian boat must not, outside the AFZ, take a prescribed fish.
Penalty: 125 penalty units.
(3) It is a defence to a prosecution for an offence against this section if the person charged satisfies the court that, upon becoming aware of the taking of the fish, he or she took steps immediately to return the fish to its natural environment. (4) An offence under this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(1) A person must not, in the AFZ, take blue marlin (Makaira mazara) or black marlin (Makaira indica) unless the person: (a) is the holder of a scientific permit that authorises the taking of the fish; or (b) takes the fish in the course of recreational fishing (whether from a charter boat or otherwise).
Penalty: 125 penalty units.
(2) It is a defence to a prosecution for an offence against this section if the person charged satisfies the court that, upon becoming aware of the taking of the fish, he or she took steps immediately to return the fish to its natural environment. (3) An offence under this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(1) Not later than 12 months after the commencement of the Fisheries Legislation Amendment Act (No. 1) 1998, the Minister must cause an analysis to be undertaken in the AFZ of the estimated numbers of blue marlin (Makaira mazara) and black marlin (Makaira indica) and the impact on the species of such fishing as is permitted under section 15A. (2) The Minister must cause a report of an analysis under subsection (1) to be laid before each House of the Parliament as soon as practicable after the analysis is completed and, in any case, not later than 2 years after the commencement of the Fisheries Legislation Amendment Act (No. 1) 1998.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Fisheries Management Act 1991.
(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Part 5 commences upon the repeal or the ceasing to have effect (as the case may be) of Part IVA of the Fisheries Act 1952. (3) Subject to subsection (4), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation. (4) If a provision mentioned in subsection (3) does not commence under that subsection within the period of 6 months commencing on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
(1) The following objectives must be pursued by the Minister in the administration of this Act and by AFMA in the performance of its functions: (a) implementing efficient and cost‑effective fisheries management on behalf of the Commonwealth; and (b) ensuring that the exploitation of fisheries resources and the carrying on of any related activities are conducted in a manner consistent with the principles of ecologically sustainable development (which include the exercise of the precautionary principle), in particular the need to have regard to the impact of fishing activities on non‑target species and the long term sustainability of the marine environment; and (c) maximising the net economic returns to the Australian community from the management of Australian fisheries; and (d) ensuring accountability to the fishing industry and to the Australian community in AFMA’s management of fisheries resources; and (e) achieving government targets in relation to the recovery of the costs of AFMA. (2) In addition to the objectives mentioned in subsection (1), or in section 78 of this Act, the Minister, AFMA and Joint Authorities are to have regard to the objectives of: (a) ensuring, through proper conservation and management measures, that the living resources of the AFZ are not endangered by over‑exploitation; and (b) achieving the optimum utilisation of the living resources of the AFZ; and (c) ensuring that conservation and management measures in the AFZ and the high seas implement Australia’s obligations under international agreements that deal with fish stocks; and (d) to the extent that Australia has obligations: (i) under international law; or (ii) under the Compliance Agreement or any other international agreement; in relation to fishing activities by Australian‑flagged boats on the high seas that are additional to the obligations referred to in paragraph (c)—ensuring that Australia implements those first‑mentioned obligations; and (e) ensuring that the interests of commercial, recreational and Indigenous fishers are taken into account; but must ensure, as far as practicable, that measures adopted in pursuit of those objectives must not be inconsistent with the preservation, conservation and protection of all species of whales.
The following principles are principles of ecologically sustainable development: (a) decision‑making processes should effectively integrate both long‑term and short‑term economic, environmental, social and equity considerations; (b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation; (c) the principle of inter‑generational equity—that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations; (d) the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision‑making; (e) improved valuation, pricing and incentive mechanisms should be promoted.
(1) In this Act, unless the contrary intention appears:
Administrator means the person or organisation that is the Administrator within the meaning of the Treaty.
AFMA means the Australian Fisheries Management Authority.
AFMA staff member has the same meaning as in the Fisheries Administration Act 1991.
AFZ means the Australian fishing zone.
approved means approved by AFMA or, in relation to a Joint Authority fishery, by the Joint Authority.
Australian boat means:
(a) a boat:
(i) the operations of which are based on a place in Australia or an external Territory; and
(ii) that is wholly‑owned by a natural person who is a resident of, or by a company incorporated in, Australia or an external Territory; and
(iii) that was built in Australia or an external Territory; or
(b) a boat, not being a boat mentioned in paragraph (a) or a boat owned by a foreign resident that is under a demise charter, that is registered under the Shipping Registration Act 1981; or
(c) a boat the subject of a declaration under subsection (2).
Australian continental shelf means the continental shelf adjacent to the coast of Australia and the continental shelf adjacent to each of the external Territories.
Australian fishing zone means:
(a) the waters adjacent to Australia within the outer limits of the exclusive economic zone adjacent to the coast of Australia; and
(b) the waters adjacent to each external territory within the outer limits of the exclusive economic zone adjacent to the coast of the external Territory;
but does not include: (c) coastal waters of, or waters within the limits of, a State or internal Territory; or (d) waters that are excepted waters.
Australian‑flagged boat means a boat that:
(a) is an Australian ship as defined in the Shipping Registration Act 1981; or
(b) would be an Australian ship as defined in the Shipping Registration Act 1981 if it were a ship as defined in that Act.
Australian national means:
(a) an Australian citizen; or
(b) a resident of Australia; or
(c) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or
(d) any other body corporate that carries on its activities principally in Australia.
Australian resident means:
(a) a person who holds a permanent visa (as defined in the Migration Act 1958) that is in effect; or
(b) a New Zealand citizen who is usually resident in Australia or a Territory and who holds a special category visa (as defined in the Migration Act 1958) that is in effect; or
(c) any other person who is usually resident in Australia or a Territory and whose continued presence in Australia or a Territory is not subject to a limitation as to time imposed by law.
being investigated for a fisheries offence, in relation to the holder of a fishing concession, means:
(a) AFMA is investigating whether the holder has committed a fisheries offence; or
(b) a law enforcement agency has notified AFMA that the agency is investigating whether the holder has committed a fisheries offence; or
(c) the holder is charged with a fisheries offence.
boat means launch, vessel or floating craft of any description.
CEO has the same meaning as in the Fisheries Administration Act 1991.
charter boat means a boat that is being used exclusively for recreational fishing in the course of an arrangement under which money or some other consideration is, or is required to be, paid or given by or on behalf of a person or persons for the right to fish from that boat.
coastal waters has the meaning given by section 5.
Commission has the same meaning as in the Fisheries Administration Act 1991.
Compliance Agreement means the Agreement to promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas done at Rome on 24 November 1993, a copy of the English text of which is set out in Schedule 3.
computer function notice has the meaning given by section 163D.
conservation area, for a conserved fish stock, means the area to which the international fisheries management measure that covers the fish stock relates.
conserved fish stock means a fish stock covered by an international fisheries management measure.
conveyance includes an aircraft, vehicle or vessel.
cooperative enforcement has the meaning given by section 84B.
Cooperative Enforcement Agreement has the meaning given by section 84B.
dealing includes a transmission by operation of law.
defensive equipment has the meaning given by section 89A.
electronic decision has the meaning given by section 163B.
e‑monitoring means electronic monitoring.
e‑monitoring data means any data (whether or not that data is also personal information, within the meaning of the Privacy Act 1988) that is, or was:
(a) generated by; or
(b) transmitted by; or
(c) stored by;
e‑monitoring equipment installed, carried or used in compliance with a condition imposed under section 40C of this Act on a fishing concession or scientific permit.
e‑monitoring equipment means:
(a) a thing used for, intended to be used for, or capable of being used for, generating, transmitting or storing data; or
(b) a thing that makes, is intended to make, or is capable of making, a thing covered by paragraph (a) operational.
evidential material means a thing relevant to an indictable offence, or a thing relevant to a summary offence, against this Act or the regulations, including such a thing in electronic form.
excepted waters means waters specified by Proclamation under section 11.
executing officer, in relation to a warrant, means:
(a) the officer named in the warrant by the magistrate who issued the warrant as being responsible for executing the warrant; or
(b) if the officer so named does not intend to be present at the execution of the warrant—another officer whose name has been written in the warrant by the officer so named; or
(c) another officer whose name has been written in the warrant by the officer last named in the warrant.
FAO means the Food and Agriculture Organization of the United Nations.
fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
fisheries legislation means:
(a) this Act or the regulations; or
(b) another Act or regulations that are:
(i) administered by the Minister; and
(ii) prescribed under the regulations.
fisheries offence means:
(a) an offence against this Act or the regulations; or
(b) an offence against another Act that relates to a fishing concession (including an offence for unlawfully obtaining a fishing concession, for example).
fishery means a class of activities by way of fishing, including activities identified by reference to all or any of the following:
(a) a species or type of fish;
(b) a description of fish by reference to sex or any other characteristic;
(c) an area of waters or of seabed;
(d) a method of fishing;
(e) a class of boats;
(f) a class of persons;
(g) a purpose of activities.
fishing means:
(a) searching for, or taking, fish; or
(b) attempting to search for, or take, fish; or
(c) engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish; or
(d) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or
(e) any operations at sea directly in support of, or in preparation for, any activity described in this definition; or
(f) aircraft use relating to any activity described in this definition except flights in emergencies involving the health or safety of crew members or the safety of a boat; or
(g) the processing, carrying or transhipping of fish that have been taken.
fishing concession means:
(a) a statutory fishing right; or
(b) a fishing permit; or
(c) a foreign fishing licence.
fishing concession certificate has the meaning given by section 163E.
fishing permit means a fishing permit granted under section 32.
fishing‑related activity means any of the following:
(a) searching for, or taking, fish;
(b) attempting to search for, or take, fish;
(c) engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish;
(d) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons;
(e) the processing, carrying or transhipping of fish that have been taken;
(f) the discarding from a boat of fish, marine mammals, marine reptiles or seabirds;
(g) any other activity prescribed by the regulations for the purposes of this definition;
(h) any operations on a boat directly in support of, or in preparation for, any activity covered by another paragraph of this definition;
(i) any other encounters with fish, marine mammals, marine reptiles or seabirds while engaging in any activity or operation covered by another paragraph of this definition;
(j) any other encounters with the marine environment while engaging in any activity or operation covered by another paragraph of this definition.
Note: If an activity is prescribed by the regulations under paragraph (g) it is an activity covered by paragraph (g) for the purposes of paragraphs (h), (i) and (j). So, for example, an encounter with the marine environment while engaging in an activity prescribed under paragraph (g) is also a fishing‑related activity.
fishing right means a statutory fishing right.
fishing vessel of the United States has the same meaning as in the Treaty.
fish receiver permit means a fish receiver permit granted under section 91.
Fish Stocks Agreement means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, a copy of the English text of which is set out in Schedule 2.
foreign boat means a boat other than an Australian boat.
foreign fishing licence means a foreign fishing licence granted under section 34.
foreign master fishing licence means a foreign master fishing licence granted under section 40.
highly migratory fish stock has the same meaning as in the Fish Stocks Agreement.
high seas means the waters that are:
(a) outside the outer limits of the exclusive economic zones of all countries, including Australia and its external Territories; or
(b) inside the outer limits of the exclusive economic zone adjacent to the coast of the Australian Antarctic Territory.
holder of a licence, permit or right:
(a) means:
(i) the person to whom the licence, permit or right was granted; or
(ii) if the permit or right has been transferred—the person to whom the permit or right was last transferred; and
(b) in the case of a statutory fishing right that is leased to another person by a lease registered under section 46—includes the lessee of the statutory fishing right.
international conservation and management measure means a measure to conserve and manage one or more species of living marine resources that is adopted and applied, in accordance with the relevant rules of international law as reflected in the 1982 United Nations Convention on the Law of the Sea:
(a) by a global, regional or subregional fisheries organisation; or
(b) by treaty or other international agreement.
Note: The English text of the United Nations Convention on the Law of the Sea is set out in Aust
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