Part 1
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Commonwealth legislation
These regulations, made under the Fisheries Management Act 1991, set the operational rules AFMA enforces for commercial fishers, foreign fishing vessels, and fish receivers in Australian and certain international waters. They cover vessel standards and size limits, monitoring and observer requirements, tendering and concession conditions, catch and area limits, protected‑species protections, record‑keeping, and information‑sharing and enforcement procedures. They matter because they translate the Act into the day‑to‑day controls that sustain fisheries and prevent illegal or unsustainable fishing.
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Direct links to the current provisions in Fisheries Management Regulations 2019.
This instrument is the Fisheries Management Regulations 2019.
This instrument is made under the Fisheries Management Act 1991.
This instrument affects the operation and administration of the Act in various ways.
The application of the Act extends to areas outside the AFZ that are specified in Part 2 of this instrument and Schedule 1 to this instrument.
There are short ways of referring to certain areas in the AFZ for managing fishing in those areas (see Part 3 and Schedule 2).
To conserve the marine environment, there is a limit on the length of boats that may be used for fishing in the AFZ (see Part 4).
Special procedures must be followed in making fishing rights available by tender (see Part 5).
Under the Act, AFMA may cancel a fishing concession if payments relating to the fishing concession have not been made within a period set by Part 6 of this instrument.
Fishing concessions are subject to conditions, including those set out in Part 7 (and Schedules 3 to 5) which deal with such things as nominating boats for fishing concessions, catch limits and protecting the marine environment.
Holders of fish receiver permits must keep records and give information to AFMA in accordance with Part 8.
Masters and owners of boats must ensure information such as identification codes allocated by AFMA, and names and radio call signs of foreign boats, are clearly displayed on the boats. Certain information must also be given to AFMA.
Under the Act, AFMA may direct that fishing not occur in part of a fishery. It is an offence for the master of a boat to navigate the boat in certain ways in an area subject to such a direction (see Division 3 of Part 9).
There are rules about the keeping and disposing of fishing equipment an officer finds in the AFZ if the owner of the equipment is unknown (see Division 4 of Part 9).
There are rules about identifying and disclosing identifying information about persons detained because they are reasonably suspected of having committed an offence using a foreign boat and who are not Australian citizens or Australian residents (see Part 10).
Part 11 provides for administrative matters, including:
(a) information that must be included in certain registers; and
(b) collection and disclosure by AFMA of information relevant to law enforcement, border protection, fisheries or the marine environment; and
(c) the operation of the Statutory Fishing Rights Allocation Review Panel; and
(d) the placement of caveats on the transfer of certain fishing concessions; and
(e) fees.
Part 12 sets out transitional provisions.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) AFMA;
(b) AFZ;
(c) Australian boat and Australian‑flagged boat;
(d) boat;
(e) coastal waters;
(f) fish;
(g) fishery, fishing, fishing concession, fishing permit and fishing right;
(h) high seas;
(i) officer.
(1) In this instrument:
Act means the Fisheries Management Act 1991.
Antarctic Convergence has the same meaning as in the Convention on the Conservation of Antarctic Marine Living Resources, as in force at the time when this instrument commences (see in particular paragraph 4 of Article 1 of the Convention).
Note: The Convention on the Conservation of Antarctic Marine Living Resources is in the Australian Treaty Series 1982 No. 9 ([1982] ATS 9) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
approved vessel monitoring system means a vessel monitoring system in a class approved under section 9.
boat statutory fishing right means a statutory fishing right to use a boat in a managed fishery granted under any of the following:
(a) the Eastern Tuna and Billfish Fishery Management Plan 2010;
(b) the Northern Prawn Fishery Management Plan 1995;
(c) the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003;
(d) the Western Tuna and Billfish Fishery Management Plan 2005.
closed zone: see subsection 85(1).
concession holder means the holder of a licence, permit, or right, that is a fishing concession.
Coral Sea Fishery means the fishery of that name referred to in item 1 of the table in section 18.
crustacean means fish of the subphylum Crustacea.
declared fishery means a fishery in respect of which a declaration under subsection 91(1) of the Act is in force.
designated quota statutory fishing right means a quota statutory fishing right granted under any of the following:
(a) the Bass Strait Central Zone Scallop Fishery Management Plan 2002;
(b) the Heard Island and McDonald Islands Fishery Management Plan 2002;
(c) the Macquarie Island Toothfish Fishery Management Plan 2006;
(d) the Small Pelagic Fishery Management Plan 2009;
(e) the Southern Bluefin Tuna Fishery Management Plan 1995.
Eastern Skipjack Fishery means the fishery of that name referred to in item 2 of the table in section 18.
eligible person means a person who is registered as an eligible person for a grant of a fishing right under section 26 of the Act.
finfish means fish of the class Osteichthyes.
gear statutory fishing right means a statutory fishing right to use particular fishing equipment in a managed fishery granted under either of the following:
(a) the Northern Prawn Fishery Management Plan 1995;
(b) the Southern Squid Jig Fishery Management Plan 2005.
giant crab means fish of the species Pseudocarcinus gigas.
Heard Island and McDonald Islands Fishery means the area of the fishery under the Heard Island and McDonald Islands Fishery Management Plan 2002.
interaction means physical contact that:
(a) occurs between an organism and one or more of the following:
(i) an individual other than an observer;
(ii) a nominated boat;
(iii) any object on board, or attached to, a nominated boat, other than equipment that is being used by an observer;
(iv) a nominated boat’s equipment; and
(b) is of a kind that could cause the organism to be distressed.
IUU vessel list means an Illegal, Unreported and Unregulated vessel list established by a governing commission for an international fisheries management organisation, as in force from time to time.
Macquarie Island Toothfish Fishery means the fishery area under the Macquarie Island Toothfish Fishery Management Plan 2006.
mollusc means fish of the phylum Mollusca.
nominated boat, in relation to a fishing concession, means a boat that is specified in, or nominated for the purposes of, the fishing concession in accordance with section 32 of the Act and section 33 of this instrument.
Norfolk Island Inshore Fishery means the fishery of that name referred to in item 3 of the table in section 18.
Norfolk Island Offshore Demersal Finfish Fishery means the fishery of that name referred to in item 4 of the table in section 18.
Northern Bluefin Tuna means fish of the species Thunnus thynnus and includes the subspecies Thunnus orientalis.
Northern Prawn Fishery target species means:
(a) prawns; or
(b) molluscs of the subclass Coleoidea (commonly known as squid) or of the family Pectinidae (commonly known as scallops).
northern waters means the area described in clause 1 of Schedule 3.
North West Slope Trawl Fishery means the fishery of that name referred to in item 5 of the table in section 18.
observer means a person approved by AFMA to carry out the functions of an observer.
operating, in relation to an approved vessel monitoring system, means sending a signal that:
(a) is in a format that has been approved by AFMA; and
(b) identifies accurately the location of the boat to which the vessel monitoring system is fitted.
outer envelope: see paragraph 23(b).
possess, in relation to fish on a nominated boat, includes control.
prawn means a crustacean of:
(a) the family Aristeidae, Penaeidae or Solenoceridae (all commonly known as prawns); or
(b) the family Nephropidae (commonly known as scampi); or
(c) the family Scyllaridae (commonly known as bugs); or
(d) the infraorder Caridae (commonly known as shrimp or carid prawns).
prawn fishery waters means the area described in Part 1 of Schedule 5.
precedence list has the same meaning as in Division 4 of Part 3 of the Act (see subsection 28(2) of the Act).
processed form: a Southern Bluefin Tuna is in processed form if it is in processed form A or processed form B.
processed form A: a Southern Bluefin Tuna is in processed form A if it has been gilled and gutted so that:
(a) the gill plates are removed; and
(b) the tail is wholly removed (see subsection (2)).
processed form B: a Southern Bluefin Tuna is in processed form B if it has been gilled and gutted so that:
(a) the gill plates are not removed; and
(b) the tail is not wholly removed (see subsection (2)).
protected community means a listed threatened ecological community within the meaning of the Environment Protection and Biodiversity Conservation Act 1999.
protected organism means an organism that is:
(a) part of a protected community; or
(b) a protected species.
protected species means:
(a) a listed threatened species within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 (other than a conservation dependent species within the meaning of that Act); or
(b) a listed marine species within the meaning of that Act; or
(c) a listed migratory species within the meaning of that Act; or
(d) a whale.
provision subject to an infringement notice means section 93, 95 or 100 of the Act.
Queensland waters means waters that are within:
(a) the coastal waters of Queensland; or
(b) those parts of the AFZ that are within the scheduled area for Queensland under Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
quota statutory fishing right means a right described in paragraph 21(1)(a) or (b) of the Act.
registration envelope: see paragraph 23(a).
reserve price, in relation to a tender process, means the minimum bid amount that will be accepted as a tender.
reserve price envelope: see section 26.
scheduled species, in relation to a fishing permit, means a species for which quota units are specified in an attachment to the permit.
shark means fish of the class Chondrichthyes.
South Australian waters means the area described in clause 2 of Schedule 4.
Southern Bluefin Tuna means fish of the species Thunnus maccoyii (Castelnau, 1872).
Southern Bluefin Tuna Fishery has the same meaning as SBT Fishery area has in the Southern Bluefin Tuna Fishery Management Plan 1995.
South Tasman Rise Fishery means the fishery of that name referred to in item 6 of the table in section 18.
Tasmanian waters means the area described in clause 3 of Schedule 4.
tender means a tender for the grant of a fishing right.
tender envelope: see paragraph 23(b).
tender manager, in relation to a tender process, means:
(a) if AFMA appoints an independent tender manager in relation to a tender process—that independent tender manager; or
(b) otherwise—AFMA.
trawling includes board trawling, midwater or pelagic trawling and Danish seining.
trip means:
(a) for the Heard Island and McDonald Islands Fishery—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or
(b) for the Macquarie Island Toothfish Fishery—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or
(c) for the high seas—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or
(d) in any other case—a voyage in a boat to Australia or from Australia for the purpose of exercising a right under a fishing concession.
tuna means:
(a) fish of the family Scombridae (commonly known as tuna and tuna‑like fish), other than fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger (commonly known as mackerel); or
(b) fish of the family Istiophoridae or Xiphiidae (commonly known as billfish); or
(c) fish of the family Bramidae (commonly known as pomfrets or Ray’s bream).
unforeseen emergency includes the following:
(a) a threat to the safety of human life;
(b) a threat to the safety of a boat and property on board a boat;
(c) the giving of assistance to a person, boat or aircraft in danger or distress;
(d) a serious danger to navigation on or near a boat’s course;
(e) a failure, malfunction or defect that caused, or is likely to cause, serious damage to a boat, or that interfered with, or is likely to interfere with, the normal control of a boat.
vessel monitoring system has the meaning given by subsection 167B(4) of the Act.
Victorian waters means the area described in clause 1 of Schedule 4.
Western Deepwater Trawl Fishery means the fishery of that name referred to in item 7 of the table in section 18.
Western Skipjack Fishery means the fishery of that name referred to in item 8 of the table in section 18.
WGS84: see subsection 6(2).
(2) For the purposes of the definitions of processed form A and processed form B in subsection (1), the tail of a Southern Bluefin Tuna is wholly removed if it is removed by cutting through the backbone near the base of the tail.
(1) Except as otherwise indicated, geographic coordinates in this instrument are expressed in terms of the Geocentric Datum of Australia 1994 (commonly known as GDA94).
Note: The Geocentric Datum of Australia 1994 was published in Gazette No. GN35 of 6 September 1995.
(2) In this instrument, a reference to WGS84 is a reference to the World Geodetic System 1984. (3) In this instrument, GDA94 and WGS84 are taken to be equivalent.
Note: See US National Imagery and Mapping Agency, Technical Report—NIMA TR8350.2 Third Edition (including amendments to 23 June 2004)—Department of Defense World Geodetic System 1984—Its Definition and Relationships with Local Geodetic Systems, in particular Chapters 2.2.1 and 7.
(1) For the purposes of giving effect to any provision of the Act or this instrument that requires the weight of Southern Bluefin Tuna taken from the Southern Bluefin Tuna Fishery to be calculated in processed form, the weight is to be calculated in accordance with subsection (2) or (3). (2) If the tuna is in processed form A, the weight is the amount, expressed in kilograms, calculated using the formula: Start formula 1.176 times Processed weight end formula where:
processed weight is the weight, measured in kilograms, of the tuna.
(3) If the tuna is in processed form B, the weight is the amount, expressed in kilograms, calculated using the formula: Start formula open bracket 1.12 times Processed weight close bracket plus N end formula where:
N is the number of tuna in the batch being weighed.
processed weight is the weight, measured in kilograms, of the batch of tuna.
For the purposes of this instrument, the length of a boat is the overall length of the boat determined in accordance with section 10 of the Shipping Registration Act 1981.
(1) AFMA may approve one or more classes of vessel monitoring systems for the purposes of this instrument. (2) AFMA may vary or revoke an approval under this section. (3) AFMA must ensure that information about an approval, or the variation or revocation of an approval, is published on AFMA’s website.
The Act extends to 6 areas outside the AFZ:
(a) waters off the Australian Antarctic Territory; and
(b) waters of most of the southern hemisphere outside the exclusive economic zone of any country (in relation to persons who are fishing for Southern Bluefin Tuna or Northern Bluefin Tuna, or in relation to boats being used for fishing for Southern Bluefin Tuna or Northern Bluefin Tuna); and
(c) waters over the South Tasman Rise (south of Tasmania); and
(d) waters that are subject to the Convention on the Conservation of Antarctic Marine Living Resources; and
(e) waters that are subject to the Southern Indian Ocean Fisheries Agreement; and
(f) waters that are subject to the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean.
In these areas, the Act applies to:
(a) Australian citizens; and
(b) corporations that are incorporated in Australia or carry out activities mainly in Australia; and
(c) Australian boats and Australian‑flagged boats that are not Australian boats; and
(d) persons aboard such boats.
For the purposes of subsection 8(1) of the Act, the Act applies, in respect of all waters within 200 nautical miles seaward of the baseline by reference to which the territorial limits of the Australian Antarctic Territory are defined under international law, 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.
(1) For the purposes of subsection 8(1) of the Act, the Act applies, in respect of the area of waters described in Part 1 of Schedule 1 to this instrument (the high seas fishing zone), 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) However, the Act does not apply in relation to the high seas fishing zone to: (a) persons who are not fishing for Southern Bluefin Tuna or Northern Bluefin Tuna; or (b) boats that are not being used for fishing Southern Bluefin Tuna or Northern Bluefin Tuna.
For the purposes of subsection 8(1) of the Act, the Act applies, in respect of the area of waters described in Part 2 of Schedule 1 to this instrument, 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.
(1) For the purposes of subsection 8(1) of the Act, the Act applies, in respect of the area of waters covered by the Convention on the Conservation of Antarctic Marine Living Resources, as in force at the time when this instrument commences, 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.
Note: The Convention on the Conservation of Antarctic Marine Living Resources is in the Australian Treaty Series 1982 No. 9 ([1982] ATS 9) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
(2) Subsection (1) only applies to areas outside the AFZ (see subsection 8(1) of the Act).
Note: To find out where the outer limits of the AFZ are, see the definition of Australian fishing zone in subsection 4(1) of the Act.
For the purposes of subsection 8(1) of the Act, the Act applies, in respect of the area of waters covered by the Southern Indian Ocean Fisheries Agreement, as in force at the time when this instrument commences, 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.
Note: The Southern Indian Ocean Fisheries Agreement is in the Australian Treaty Series 2012 No. 21 ([2012] ATS 21) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
For the purposes of subsection 8(1) of the Act, the Act applies, in respect of the area of waters covered by the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean, as in force at the time when this instrument commences, 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.
Note: The Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean is in the Australian Treaty Series 2012 No. 28 ([2012] ATS 28) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
For the purposes of managing fishing, some areas of the AFZ may be referred to briefly as follows:
(a) Coral Sea Fishery;
(b) Eastern Skipjack Fishery;
(c) Norfolk Island Inshore Fishery;
(d) Norfolk Island Offshore Demersal Finfish Fishery;
(e) North West Slope Trawl Fishery;
(f) South Tasman Rise Fishery;
(g) Western Deepwater Trawl Fishery;
(h) Western Skipjack Fishery.
Those areas are described in detail in Schedule 2.
(1) For the purposes of paragraph 168(2)(p) of the Act, an area mentioned in an item of the following table may be referred to by the name mentioned in that item for the purposes of managing fishing activities in the AFZ.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Specified areas of waters within the AFZ</span></p></td></tr><tr><td style="width:12.56%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:40.68%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Name</span></p></td><td style="width:46.76%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Area</span></p></td></tr></thead><tbody><tr><td style="width:12.56%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:40.68%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Coral Sea Fishery</span></p></td><td style="width:46.76%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The area specified in Part</span><span> </span><span>1 of Schedule</span><span> </span><span>2</span></p></td></tr><tr><td style="width:12.56%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:40.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Eastern Skipjack Fishery</span></p></td><td style="width:46.76%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The areas specified in Part</span><span> </span><span>2 of Schedule</span><span> </span><span>2</span></p></td></tr><tr><td style="width:12.56%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:40.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Norfolk Island Inshore Fishery</span></p></td><td style="width:46.76%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The area specified in Part</span><span> </span><span>3 of Schedule</span><span> </span><span>2</span></p></td></tr><tr><td style="width:12.56%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:40.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Norfolk Island Offshore Demersal Finfish Fishery</span></p></td><td style="width:46.76%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The area specified in Part</span><span> </span><span>4 of Schedule</span><span> </span><span>2</span></p></td></tr><tr><td style="width:12.56%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:40.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>North West Slope Trawl Fishery</span></p></td><td style="width:46.76%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The area specified in Part</span><span> </span><span>5 of Schedule</span><span> </span><span>2</span></p></td></tr><tr><td style="width:12.56%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>6</span></p></td><td style="width:40.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>South Tasman Rise Fishery</span></p></td><td style="width:46.76%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The area specified in Part</span><span> </span><span>6 of Schedule</span><span> </span><span>2</span></p></td></tr><tr><td style="width:12.56%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>7</span></p></td><td style="width:40.68%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Western Deepwater Trawl Fishery</span></p></td><td style="width:46.76%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The area specified in Part</span><span> </span><span>7 of Schedule</span><span> </span><span>2</span></p></td></tr><tr><td style="width:12.56%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>8</span></p></td><td style="width:40.68%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Western Skipjack Fishery</span></p></td><td style="width:46.76%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The areas specified in Part</span><span> </span><span>8 of Schedule</span><span> </span><span>2</span></p></td></tr></tbody></table>
(2) However, the areas mentioned in items 2 and 8 of the table in subsection (1) are prescribed only for the purposes of managing commercial fishing for skipjack tuna by purse‑seining.
To conserve the marine environment, boats that are more than 130 metres long must not be used in the AFZ.
(1) This section is made for the purposes of section 14 of the Act. (2) A person commits an offence of strict liability if: (a) the person uses a boat to engage in fishing in the AFZ; and (b) the boat is more than 130 metres in length (see section 8 of this instrument).
Penalty: 25 penalty units.
(3) Subsection (2) does not apply if: (a) the boat is owned and operated by or on behalf of the Commonwealth, or a State or Territory; and (b) a scientific permit is in force authorising the use of the boat by a person; and (c) the person engages in fishing in the AFZ for scientific research purposes in accordance with the conditions of the permit.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Fisheries Management Regulations 2019.
This instrument is made under the Fisheries Management Act 1991.
This instrument affects the operation and administration of the Act in various ways.
The application of the Act extends to areas outside the AFZ that are specified in Part 2 of this instrument and Schedule 1 to this instrument.
There are short ways of referring to certain areas in the AFZ for managing fishing in those areas (see Part 3 and Schedule 2).
To conserve the marine environment, there is a limit on the length of boats that may be used for fishing in the AFZ (see Part 4).
Special procedures must be followed in making fishing rights available by tender (see Part 5).
Under the Act, AFMA may cancel a fishing concession if payments relating to the fishing concession have not been made within a period set by Part 6 of this instrument.
Fishing concessions are subject to conditions, including those set out in Part 7 (and Schedules 3 to 5) which deal with such things as nominating boats for fishing concessions, catch limits and protecting the marine environment.
Holders of fish receiver permits must keep records and give information to AFMA in accordance with Part 8.
Masters and owners of boats must ensure information such as identification codes allocated by AFMA, and names and radio call signs of foreign boats, are clearly displayed on the boats. Certain information must also be given to AFMA.
Under the Act, AFMA may direct that fishing not occur in part of a fishery. It is an offence for the master of a boat to navigate the boat in certain ways in an area subject to such a direction (see Division 3 of Part 9).
There are rules about the keeping and disposing of fishing equipment an officer finds in the AFZ if the owner of the equipment is unknown (see Division 4 of Part 9).
There are rules about identifying and disclosing identifying information about persons detained because they are reasonably suspected of having committed an offence using a foreign boat and who are not Australian citizens or Australian residents (see Part 10).
Part 11 provides for administrative matters, including:
(a) information that must be included in certain registers; and
(b) collection and disclosure by AFMA of information relevant to law enforcement, border protection, fisheries or the marine environment; and
(c) the operation of the Statutory Fishing Rights Allocation Review Panel; and
(d) the placement of caveats on the transfer of certain fishing concessions; and
(e) fees.
Part 12 sets out transitional provisions.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) AFMA;
(b) AFZ;
(c) Australian boat and Australian‑flagged boat;
(d) boat;
(e) coastal waters;
(f) fish;
(g) fishery, fishing, fishing concession, fishing permit and fishing right;
(h) high seas;
(i) officer.
(1) In this instrument:
Act means the Fisheries Management Act 1991.
Antarctic Convergence has the same meaning as in the Convention on the Conservation of Antarctic Marine Living Resources, as in force at the time when this instrument commences (see in particular paragraph 4 of Article 1 of the Convention).
Note: The Convention on the Conservation of Antarctic Marine Living Resources is in the Australian Treaty Series 1982 No. 9 ([1982] ATS 9) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
approved vessel monitoring system means a vessel monitoring system in a class approved under section 9.
boat statutory fishing right means a statutory fishing right to use a boat in a managed fishery granted under any of the following:
(a) the Eastern Tuna and Billfish Fishery Management Plan 2010;
(b) the Northern Prawn Fishery Management Plan 1995;
(c) the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003;
(d) the Western Tuna and Billfish Fishery Management Plan 2005.
closed zone: see subsection 85(1).
concession holder means the holder of a licence, permit, or right, that is a fishing concession.
Coral Sea Fishery means the fishery of that name referred to in item 1 of the table in section 18.
crustacean means fish of the subphylum Crustacea.
declared fishery means a fishery in respect of which a declaration under subsection 91(1) of the Act is in force.
designated quota statutory fishing right means a quota statutory fishing right granted under any of the following:
(a) the Bass Strait Central Zone Scallop Fishery Management Plan 2002;
(b) the Heard Island and McDonald Islands Fishery Management Plan 2002;
(c) the Macquarie Island Toothfish Fishery Management Plan 2006;
(d) the Small Pelagic Fishery Management Plan 2009;
(e) the Southern Bluefin Tuna Fishery Management Plan 1995.
Eastern Skipjack Fishery means the fishery of that name referred to in item 2 of the table in section 18.
eligible person means a person who is registered as an eligible person for a grant of a fishing right under section 26 of the Act.
finfish means fish of the class Osteichthyes.
gear statutory fishing right means a statutory fishing right to use particular fishing equipment in a managed fishery granted under either of the following:
(a) the Northern Prawn Fishery Management Plan 1995;
(b) the Southern Squid Jig Fishery Management Plan 2005.
giant crab means fish of the species Pseudocarcinus gigas.
Heard Island and McDonald Islands Fishery means the area of the fishery under the Heard Island and McDonald Islands Fishery Management Plan 2002.
interaction means physical contact that:
(a) occurs between an organism and one or more of the following:
(i) an individual other than an observer;
(ii) a nominated boat;
(iii) any object on board, or attached to, a nominated boat, other than equipment that is being used by an observer;
(iv) a nominated boat’s equipment; and
(b) is of a kind that could cause the organism to be distressed.
IUU vessel list means an Illegal, Unreported and Unregulated vessel list established by a governing commission for an international fisheries management organisation, as in force from time to time.
Macquarie Island Toothfish Fishery means the fishery area under the Macquarie Island Toothfish Fishery Management Plan 2006.
mollusc means fish of the phylum Mollusca.
nominated boat, in relation to a fishing concession, means a boat that is specified in, or nominated for the purposes of, the fishing concession in accordance with section 32 of the Act and section 33 of this instrument.
Norfolk Island Inshore Fishery means the fishery of that name referred to in item 3 of the table in section 18.
Norfolk Island Offshore Demersal Finfish Fishery means the fishery of that name referred to in item 4 of the table in section 18.
Northern Bluefin Tuna means fish of the species Thunnus thynnus and includes the subspecies Thunnus orientalis.
Northern Prawn Fishery target species means:
(a) prawns; or
(b) molluscs of the subclass Coleoidea (commonly known as squid) or of the family Pectinidae (commonly known as scallops).
northern waters means the area described in clause 1 of Schedule 3.
North West Slope Trawl Fishery means the fishery of that name referred to in item 5 of the table in section 18.
observer means a person approved by AFMA to carry out the functions of an observer.
operating, in relation to an approved vessel monitoring system, means sending a signal that:
(a) is in a format that has been approved by AFMA; and
(b) identifies accurately the location of the boat to which the vessel monitoring system is fitted.
outer envelope: see paragraph 23(b).
possess, in relation to fish on a nominated boat, includes control.
prawn means a crustacean of:
(a) the family Aristeidae, Penaeidae or Solenoceridae (all commonly known as prawns); or
(b) the family Nephropidae (commonly known as scampi); or
(c) the family Scyllaridae (commonly known as bugs); or
(d) the infraorder Caridae (commonly known as shrimp or carid prawns).
prawn fishery waters means the area described in Part 1 of Schedule 5.
precedence list has the same meaning as in Division 4 of Part 3 of the Act (see subsection 28(2) of the Act).
processed form: a Southern Bluefin Tuna is in processed form if it is in processed form A or processed form B.
processed form A: a Southern Bluefin Tuna is in processed form A if it has been gilled and gutted so that:
(a) the gill plates are removed; and
(b) the tail is wholly removed (see subsection (2)).
processed form B: a Southern Bluefin Tuna is in processed form B if it has been gilled and gutted so that:
(a) the gill plates are not removed; and
(b) the tail is not wholly removed (see subsection (2)).
protected community means a listed threatened ecological community within the meaning of the Environment Protection and Biodiversity Conservation Act 1999.
protected organism means an organism that is:
(a) part of a protected community; or
(b) a protected species.
protected species means:
(a) a listed threatened species within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 (other than a conservation dependent species within the meaning of that Act); or
(b) a listed marine species within the meaning of that Act; or
(c) a listed migratory species within the meaning of that Act; or
(d) a whale.
provision subject to an infringement notice means section 93, 95 or 100 of the Act.
Queensland waters means waters that are within:
(a) the coastal waters of Queensland; or
(b) those parts of the AFZ that are within the scheduled area for Queensland under Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006.
quota statutory fishing right means a right described in paragraph 21(1)(a) or (b) of the Act.
registration envelope: see paragraph 23(a).
reserve price, in relation to a tender process, means the minimum bid amount that will be accepted as a tender.
reserve price envelope: see section 26.
scheduled species, in relation to a fishing permit, means a species for which quota units are specified in an attachment to the permit.
shark means fish of the class Chondrichthyes.
South Australian waters means the area described in clause 2 of Schedule 4.
Southern Bluefin Tuna means fish of the species Thunnus maccoyii (Castelnau, 1872).
Southern Bluefin Tuna Fishery has the same meaning as SBT Fishery area has in the Southern Bluefin Tuna Fishery Management Plan 1995.
South Tasman Rise Fishery means the fishery of that name referred to in item 6 of the table in section 18.
Tasmanian waters means the area described in clause 3 of Schedule 4.
tender means a tender for the grant of a fishing right.
tender envelope: see paragraph 23(b).
tender manager, in relation to a tender process, means:
(a) if AFMA appoints an independent tender manager in relation to a tender process—that independent tender manager; or
(b) otherwise—AFMA.
trawling includes board trawling, midwater or pelagic trawling and Danish seining.
trip means:
(a) for the Heard Island and McDonald Islands Fishery—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or
(b) for the Macquarie Island Toothfish Fishery—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or
(c) for the high seas—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or
(d) in any other case—a voyage in a boat to Australia or from Australia for the purpose of exercising a right under a fishing concession.
tuna means:
(a) fish of the family Scombridae (commonly known as tuna and tuna‑like fish), other than fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger (commonly known as mackerel); or
(b) fish of the family Istiophoridae or Xiphiidae (commonly known as billfish); or
(c) fish of the family Bramidae (commonly known as pomfrets or Ray’s bream).
unforeseen emergency includes the following:
(a) a threat to the safety of human life;
(b) a threat to the safety of a boat and property on board a boat;
(c) the giving of assistance to a person, boat or aircraft in danger or distress;
(d) a serious danger to navigation on or near a boat’s course;
(e) a failure, malfunction or defect that caused, or is likely to cause, serious damage to a boat, or that interfered with, or is likely to interfere with, the normal control of a boat.
vessel monitoring system has the meaning given by subsection 167B(4) of the Act.
Victorian waters means the area described in clause 1 of Schedule 4.
Western Deepwater Trawl Fishery means the fishery of that name referred to in item 7 of the table in section 18.
Western Skipjack Fishery means the fishery of that name referred to in item 8 of the table in section 18.
WGS84: see subsection 6(2).
(2) For the purposes of the definitions of processed form A and processed form B in subsection (1), the tail of a Southern Bluefin Tuna is wholly removed if it is removed by cutting through the backbone near the base of the tail.
(1) Except as otherwise indicated, geographic coordinates in this instrument are expressed in terms of the Geocentric Datum of Australia 1994 (commonly known as GDA94).
Note: The Geocentric Datum of Australia 1994 was published in Gazette No. GN35 of 6 September 1995.
(2) In this instrument, a reference to WGS84 is a reference to the World Geodetic System 1984. (3) In this instrument, GDA94 and WGS84 are taken to be equivalent.
Note: See US National Imagery and Mapping Agency, Technical Report—NIMA TR8350.2 Third Edition (including amendments to 23 June 2004)—Department of Defense World Geodetic System 1984—Its Definition and Relationships with Local Geodetic Systems, in particular Chapters 2.2.1 and 7.
(1) For the purposes of giving effect to any provision of the Act or this instrument that requires the weight of Southern Bluefin Tuna taken from the Southern Bluefin Tuna Fishery to be calculated in processed form, the weight is to be calculated in accordance with subsection (2) or (3). (2) If the tuna is in processed form A, the weight is the amount, expressed in kilograms, calculated using the formula: where:
processed weight is the weight, measured in kilograms, of the tuna.
(3) If the tuna is in processed form B, the weight is the amount, expressed in kilograms, calculated using the formula: where:
N is the number of tuna in the batch being weighed.
processed weight is the weight, measured in kilograms, of the batch of tuna.
For the purposes of this instrument, the length of a boat is the overall length of the boat determined in accordance with section 10 of the Shipping Registration Act 1981.
This is an opening excerpt, not the complete document.