Fisheries Management Amendment Regulations 2010 (No. 1)1
Select Legislative Instrument 2010 No. 1
I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fisheries Management Act 1991.
Dated 10 February 2010
QUENTIN BRYCE
Governor‑General
By Her Excellency’s Command
TONY BURKE
Minister for Agriculture, Fisheries and Forestry
1              Name of Regulations
                These Regulations are the Fisheries Management Amendment Regulations 2010 (No. 1).
2              Commencement
                These Regulations commence on the day after they are registered.
3              Amendment of Fisheries Management Regulations 1992
                Schedule 1 amends the Fisheries Management Regulations 1992.
Schedule 1        Amendments
(regulation 3)
 
[1]           Subregulation 3 (1), after definition of tender
insert
vessel monitoring system has the meaning given by subsection 167B (4) of the Act.
[2]           Part 2B, heading
substitute
Part 2B               Fisheries and described areas
  
[3]           Regulation 4B
substitute
4B           Described areas of waters within the AFZ
                For the purpose of managing fishing activities in certain areas of the AFZ, the following areas are described.
Item
Name
Area

1
Coral Sea Fishery
The area described in Part 2 of Schedule 1A

2
Eastern Skipjack Fishery, being commercial fishing for skipjack tuna by the purse‑seining method
The area described in Division 1 of Part 2B of Schedule 1A

3
Norfolk Island Offshore Demersal Finfish Fishery
The area described in Part 5A of Schedule 1A

4
North West Slope Trawl Fishery
The area described in Part 6 of Schedule 1A

5
South Tasman Rise Fishery
The area described in Part 11A of Schedule 1A

6
Western Deepwater Trawl Fishery
The area described in Part 12 of Schedule 1A

7
Western Skipjack Fishery, being commercial fishing for skipjack tuna by the purse‑seining method
The area described in Part 12A of Schedule 1A

Note   AFMA may regulate the fishing activities described above by taking actions under certain provisions of the Act, such as sections 32, 33, 34 and 91.
Note to item 2   The area of the Eastern Skipjack Fishery is divided into sub‑areas in Division 2 of Part 2B of Schedule 1A.
Note to item 7   The area of the Western Skipjack Fishery is made up of the sub‑areas set out in Divisions 1, 2 and 3 of Part 12A of Schedule 1A.
[4]           After Part 9
insert
Part 9A               Offences relating to fisheries
  
37A         Definitions
                In this Part:
closed zone has the meaning given by regulation 37B.
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 the boat;
                (c)    giving assistance to a person, boat or aircraft in danger or distress;
               (d)    a serious danger to navigation on or near the boat’s course;
                (e)    a failure, malfunction or defect that caused, or is likely to cause, serious damage to the boat, or that interfered with, or is likely to interfere with, the normal control of the boat.
37B         Meaning of closed zone
                If:
                (a)    AFMA has given a direction under paragraph 17 (5A) (a) or subsection 41A (2) of the Act; and
               (b)    the direction is in force; and
                (c)    the effect of the direction is that fishing is not to be engaged in in the area of a fishery, or a particular part of the area of a fishery, at a particular time; and
               (d)    a particular boat:
                          (i)    is specified in, or is nominated for, a fishing concession that entitles the holder to engage in fishing in the fishery or that authorises the use of the boat for fishing in the fishery; or
                         (ii)    is specified in a scientific permit that authorises the use of the boat for scientific research purposes in the fishery; and
                (e)    the direction applies to the holder of the fishing concession or scientific permit;
the area of the fishery, or the particular part of the area of the fishery, to which the direction applies is, at the time, a closed zone for the boat in the capacity mentioned in paragraph (d).
37C         Navigating in area that is a closed zone for less than 24 hours
         (1)   The master of a boat commits an offence if the boat is being navigated in an area that, at the time, is a closed zone for the boat for less than 24 hours.
Penalty:   25 penalty units.
         (2)   Subregulation (1) does not apply to the master of a boat if information given by the boat’s vessel monitoring system during the period that the boat was navigated in the closed zone shows that:
                (a)    the boat was navigated in the closed zone for a period of 30 minutes or more; and
               (b)    for the period the boat was in the closed zone, the boat was:
                          (i)    stationary; or
                         (ii)    travelling at a speed of 5 knots or more as worked out under subregulation (5).
         (3)   Subregulation (1) does not apply to the master of a boat if:
                (a)    AFMA had given approval for the boat to be navigated in the closed zone because of an unforeseen emergency, or circumstances beyond the control of the master of the boat; and
               (b)    the boat was navigated in the closed zone in accordance with any instructions given by AFMA.
         (4)   An offence against subregulation (1) is an offence of strict liability.
         (5)   To work out a boat’s speed:
                (a)    for each consecutive pair of points identified by the boat’s vessel monitoring system, identify the shortest distance between the pair of points in a straight line; and
               (b)    divide the distance by the time taken by the boat to travel between the two points.
         (6)   In this regulation a boat is taken to be stationary if it is travelling at a speed of 0.5 knots or less as worked out under subregulation (5).
37D         Navigating in area that is a closed zone for 24 hours or more
         (1)   The master of a boat commits an offence if the boat is being navigated in an area that, at the time, is a closed zone for the boat for 24 hours or more.
Penalty:   25 penalty units.
         (2)   Subregulation (1) does not apply to the master of a boat if information given by the boat’s vessel monitoring system during the period that the boat was navigated in the closed zone shows that:
                (a)    the boat was navigated in the closed zone for a continuous period of 30 minutes or more; and
               (b)    at all times during the period, the boat was travelling at a speed of at least 5 knots as worked out under subregulation (5).
         (3)   Subregulation (1) does not apply to the master of a boat if:
                (a)    AFMA had given approval for the boat to be navigated in the closed zone because of an unforeseen emergency, or circumstances beyond the control of the master of the boat; and
               (b)    the boat was navigated in the closed zone in accordance with any instructions given by AFMA.
         (4)   An offence against subregulation (1) is an offence of strict liability.
         (5)   For paragraph (2) (b), to work out a boat’s speed:
                (a)    for each consecutive pair of points identified by the boat’s vessel monitoring system, identify the shortest distance between the pair of points in a straight line; and
               (b)    divide the distance by the time taken by the boat to travel between the two points.
[5]           After Part 12
insert
Part 13               Collection and disclosure of information
  
78            Collection and disclosure of information
         (1)   In the performance of its functions mentioned in paragraphs 7 (1) (gaa) and (gb) of the Fisheries Administration Act 1991, AFMA may collect information, including personal information, relating to any of the following:
                (a)    possible breaches of the laws of Australia or of a foreign country;
               (b)    the control and protection of Australia’s borders;
                (c)    the administration and management of fisheries or marine environments;
               (d)    research or monitoring conducted, or proposed to be conducted, into fisheries or marine environments.
         (2)   AFMA may disclose the information to a government organisation if AFMA is satisfied that the information relates to the performance of a function of the government organisation.
         (3)   AFMA may disclose the information at the request of the government organisation or on its own initiative.
         (4)   AFMA may disclose the information in hard copy, electronic format or orally.
[6]           Schedule 1A, heading
substitute
Schedule 1A      Described areas of waters within the AFZ
(regulation 4B)
  
[7]           Schedule 1A, Parts 1, 1A, 2A, 3, 3A, 4, and 5
omit
[8]           Schedule 1A, Part 6, heading
after
Slope
insert
Trawl
[9]           Schedule 1A, Parts 7, 10, 11 and 11B
omit
[10]         Schedule 1A, Part 12, heading
omit
Deep Water
insert
Deepwater
[11]         Schedule 1A, Part 13
omit
 
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.