Fisheries Management Act 1991

Fisheries Management Act 1991
Title	Fisheries Management Act 1991
Enacted by	Parliament of Australia
Territorial extent	Australia
Date assented	1991
Status	current

Fisheries Management Act 1991

The Fisheries Management Act 1991 is an Australian statute enacted by the Parliament of Australia to provide a national framework for the management of Commonwealth fisheries and the conservation of marine resources within the Australian Fishing Zone and Exclusive Economic Zone of Australia. The Act underpins federal regulation administered by the Department of Agriculture, Fisheries and Forestry (Australia) and implemented by agencies including the Australian Fisheries Management Authority and regional advisory bodies such as the Australian Fisheries Management Authority Board and the Commonwealth Scientific and Industrial Research Organisation. The legislation interacts with international instruments like the United Nations Convention on the Law of the Sea and regional arrangements including the Western and Central Pacific Fisheries Commission.

Background and Legislative History

The Act was introduced following policy processes led by ministers including members of the Fraser Ministry and the Hawke Ministry amid reform debates involving the Australian National Audit Office, the Australian Senate, and stakeholders such as the Fishing Industry Association of Australia and the Australian Conservation Foundation. Legislative drafting referenced precedent statutes like the Fisheries Act 1952 (Australia) and responded to international developments exemplified by the 1992 Earth Summit and negotiations at the Food and Agriculture Organization Fisheries Committee. Parliamentary scrutiny involved inquiries by the Senate Standing Committee on Rural and Regional Affairs and Transport and submissions from state governments such as New South Wales and Western Australia.

Objectives and Principles

The Act articulates objectives aligned with sustainable use principles endorsed by the Convention on Biological Diversity, the Ramsar Convention on Wetlands, and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. It emphasizes ecologically sustainable development principles reflected in policy instruments promoted by the Environment Protection and Biodiversity Conservation Act 1999 and international policy frameworks like the FAO Code of Conduct for Responsible Fisheries. The statutory principles require consideration of biodiversity conservation advocated by organisations such as the World Wide Fund for Nature and fisheries science provided by the CSIRO Marine and Atmospheric Research.

Key Provisions and Regulatory Framework

The Act establishes tools including permit systems, quota allocation mechanisms, gear restrictions, and spatial controls through measures comparable to those used by the European Union Common Fisheries Policy and national regimes like the United States Magnuson–Stevens Fishery Conservation and Management Act. Provisions set out the creation of management plans, the imposition of statutory fishing closures, and the use of input and output controls akin to systems applied by the North Atlantic Fisheries Organization and the International Commission for the Conservation of Atlantic Tunas. The framework enables the Australian Fisheries Management Authority to issue fishing concessions, manage quota trading similar to markets in New Zealand and apply penalties paralleling sanctions seen in the Australian Consumer and Competition Commission enforcement actions.

Administration and Enforcement

Administration is vested in the Australian Fisheries Management Authority with oversight from the Minister for Agriculture, Fisheries and Forestry (Australia) and review functions occasionally referred to the Administrative Appeals Tribunal. Enforcement tools include prosecutorial powers exercised by the Commonwealth Director of Public Prosecutions, civil penalties comparable to those in the Competition and Consumer Act 2010, and operational surveillance coordinated with agencies such as the Australian Border Force, the Australian Fisheries Management Authority Patrol Vessel program, and scientific collaboration with the CSIRO. Compliance activities have involved cooperation with states and territories including Tasmania and the Northern Territory and international enforcement through liaison with the International Maritime Organization and regional fisheries management organisations.

Impact on Fisheries and Marine Conservation

The Act contributed to restructuring industries such as the Southern Bluefin Tuna fishery regulated under arrangements like the Commission for the Conservation of Southern Bluefin Tuna, altering quota regimes used by operators including companies listed on the Australian Securities Exchange. Outcomes included reductions in overfishing reported by bodies such as the Australian Bureau of Agricultural and Resource Economics and Sciences and improvements in stock assessment practices following methodologies from the International Council for the Exploration of the Sea. Conservation effects extended to bycatch mitigation initiatives parallel to work by the BirdLife International and marine protected area expansions similar to designations under the Great Barrier Reef Marine Park Authority.

Amendments and Subsequent Developments

Since 1991 the Act has been amended to integrate provisions from instruments such as the Environment Protection and Biodiversity Conservation Act 1999 and to respond to policy shifts under governments including the Howard Ministry and the Rudd Government. Reforms addressed quota management, compliance frameworks, and responses to high-profile incidents involving vessels flagged to countries like Panama and regulations influenced by international case law from bodies such as the International Tribunal for the Law of the Sea. Ongoing developments continue through reviews by the Productivity Commission and legislative proposals tabled in the Parliament of Australia to address emerging issues raised by stakeholders including the Australian Seafood Industry Council and environmental groups such as the Nature Conservation Council of NSW.

Category:Australian legislation Category:Fisheries law