Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT (SOUTH EAST TRAWL FISHERY) REGULATIONS 1998 NO. 217

EXPLANATORY STATEMENT

STATUTORY RULES 1998 No. 217

Issued by the authority of the Minister for Resources and Energy

Fisheries Management Act 1991

Fisheries Management (South East Trawl Fishery) Regulations 1998

Subsection 168(1) of the Fisheries Management Act 1991 (the Act) empowers the GovernorGeneral to make regulations required or permitted by the Management Act to be prescribed.

Subsection 17(1) of the Act empowers the Australian Fisheries Management Authority (AFMA) to determine a plan of management for a fishery and under this power AFMA has determined the South East Trawl Management Plan 1998 (the Plan). Among other things, the Plan provides for participants in the fishery with authorisations to fish under the former management arrangements to become statutory fishing right (SFR) holders under the Plan. The Fisheries Management (South East Trawl Fishery) Regulations 1998 (the Regulations) complement the Plan.

The South East Trawl Fishery (the fishery) is managed by a combination of input and output controls and the Plan makes provision for a two tiered system of SFRs accordingly. The outputs regulated under the Plan are the total allowable catches (TACs) set for the 16 quota species at the beginning of each year which are then allocated to fishers as individual transferable quotas (ITQs). Quota SFRs will be granted under the Plan as a right to take a particular amount of a species of fish dining a particular calendar year. The input controls relate to gear restrictions on operators in the fishery. The Plan makes provision for the grant of boat SFRs, which allow an operator a right to use a particular vessel in the fishery. The Regulations support the imposition of input controls under the Plan by imposing gear restrictions, including mesh size.

The purpose of the Regulations is to provide for certain matters in support of the Plan, including:

*       outlining carryover quotas for quota species;

*       specifying particulars to be included in a register of statutory fishing rights;

*       regulating the use of fishing gear in the fishery, including measurement of mesh size of nets; and

*       specifying conversion of weights and conversion factors for the purposes of the Act and the Plan.

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

Regulation 1 provides that the Regulations may be cited as the Fisheries Management (South East Trawl Fishery) Regulations 1998.

Regulation 2 provides definitions of terms used in the Regulations. In particular, the regulation defines "SET Fishery Plan" to mean the South East Trawl Fishery Management Plan.

Regulation 3 provides for the fishing year to be a period of 12 months, commencing on 1 January.

Regulation 4 provides for the prescribed fee for registration as eligible person for grant of a statutory fishing right.

Regulation 5 provides for carryover percentages.

Regulations 6 and 7 provide for particulars to be included in Register of Statutory Fishing Rights.

Regulations 8, 9, 10, 11 provide for restrictions on fishing gear for operators in the fishery.

Regulations 12 and 13 provide for conversion of processed weight to whole weight for the purposes of the Plan and the Act.

Schedule 1 provides a table for carryover percentages for quota species.

Schedule 2 provides for the measurement of mesh size of nets.

Schedule 3 provides for Danish Seine Areas.

Schedule 4 provides conversion factors for quota species.


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