Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT (BASS STRAIT CENTRAL ZONE SCALLOP FISHERY) REGULATIONS 2002 2002 NO. 283

STATUTORY RULES 2002 No. 283

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

Fisheries Management Act 1991

Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002

Subsection 168(1) of the Fisheries Management Act 1991 (the Act) provides that Governor-General may make regulations required or permitted by the act to be prescribed. Paragraph 168(2)(c) provides that regulations may be made for giving effect to, and enforcing the observance of, plans of management.

Subsection 17(1) of the Act requires the Australian Fisheries Management Authority (AFMA) to determine plans of management for all fisheries. AFMA determined the Bass Strait Central Zone Scallop Fishery Management Plan 2002 (the Plan) for the Bass Strait Central Zone Scallop Fishery on 3 September 2002. The Plan provides for the grant of statutory fishing rights (SFRs) in the Bass Strait Central Zone. Under the Plan, a holder of SFRs is permitted to take a particular quantity by shell weight of scallops for each statutory fishing right held during the fishing season, as determined by AFMA.

Section 44 of the Act provides that AFMA is to keep a register of SFRs. Subsection 45(1) of the Act sets out the particulars that are to be kept on that register, including such other particulars as are prescribed.

The Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002 (the Regulations) complement the Plan and prescribe matters for supporting and enforcing the Plan. They set out certain particulars of statutory fishing rights that must be included in the register of statutory fishing rights set up under the Act, and provide guidance for the operation of certain parts of the Plan.

The Regulations commenced on gazettal.

Details of the Regulations are set out below:

Regulation 1 provides that the name of the proposed Regulations is the Fisheries Management (Bass Strait Central Zone Scallop Fishery) Regulations 2002.

Regulation 2 provides that the proposed Regulations commence on gazettal.

Regulation 3 provides information for interpreting the Regulations.

Regulation 4 provides for the fishing season to be the period 1 May - 20 December each year.

Regulation 5 provides for that the methods that may be used to take scallops from the fishery are dredging or trawling.

Regulation 6 provides for particulars to be included in the register of statutory fishing rights for the fishery.

Regulation 7 Provides for details of a nominated boat to be included in the register.

Regulation 8 Provides that the holder of an SFR may apply to cancel an entry of a nominated boat in the register.

Regulation 9 provides for decision rules for AFMA to use in making directions under the Plan for closures of areas of the fishing to protect brood stocks for the future and minimise damage to undersized scallops.

Regulation 10 provides for an upper limit on the total allowable catch of commercial scallops and doughboy scallops that AFMA may determine under the Plan at the commencement of each fishing season. It also provides decision rules for AFMA to use in making determinations under the plan for increases in the total allowable catch of commercial scallops under the plan during the season.