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FISHERIES MANAGEMENT (SOUTHERN BLUEFIN TUNA FISHERY) AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 254
STATUTORY RULES 2004 No. 254
Issued by the authority of the Minister for Fisheries, Forestry and Conservation
Fisheries Management Act 1991
Fisheries Management (Southern Bluefin Tuna Fishery) Amendment Regulations 2004 (No. 1)
Subsection 168(1) of the Fisheries Management Act 1991 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary, or convenient to be prescribed, in carrying out or giving effect to the Act. Paragraph 168(2)(c) provides that regulations may be made, providing for giving effect to, and enforcing the observance of, plans of management.
Subsection 20(1) of the Act provides that the Australian Fisheries Management Authority (AFMA) may amend a plan of management. AFMA made amendments to the Southern Bluefin Tuna Fishery Management Plan 1995 (the Plan) and it also commenced on 1 December 2004.
The amended Plan provides a more stringent procedure than that previously included in Regulations 5 and 6 of the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations 1995 (the principal Regulations) for holders of statutory fishing rights (SFRs) granted under the Plan to nominate a boat in respect of those SFRs. Boat nomination is central to the management of the Southern Bluefin Tuna Fishery and AFMA considers that the inclusion of such requirements in the Plan is more appropriate than their inclusion in the Principal Regulations, the purpose of which is to support the Plan.
The purpose of the proposed Regulations is to remove the provisions for nomination of a boat against southern bluefin tuna SFRs from the principal Regulations and amend references to these provisions so that they refer to the Plan.
Details of the Regulations, which commenced on 1 December 2004 are set out below:
Regulation 1
Regulation 1 provides for the Regulations to be cited as the Fisheries Management (Southern Bluefin Tuna Fishery) Amendment Regulations 2004 (No. 1).
Regulation 2
Regulation 2 provides that the Regulations commence on 1 December 2004.
Regulation 3
Regulation 3 provides that Schedule 1 amends the principal Regulations.
Schedule 1 Item 1
Schedule 1 Item 1 substitutes in subparagraph 3 (1) (h) 'under subregulation 5(1)' with 'under the Southern Bluefin Tuna Fishery Management Plan 1995'.
Schedule 1 Item 2
Schedule 1 Item 2 omits Regulations 5 and 6.