Statutory Fishing Rights and permits

Statutory Fishing Rights

Statutory Fishing Rights (SFRs) are granted under Section 31 of the Fisheries Management Act 1991 (the Act) where statutory management plans, determined under Section 17 of the Act, exist for a Commonwealth managed fishery. The fisheries for which SFRs are granted are: Southern Bluefin Tuna, Northern Prawn, Bass Strait Central Zone Scallop, Heard Island and McDonald Islands, Southern and Eastern Scalefish and Shark, Eastern Tuna and Billfish, Western Tuna and Billfish and Small Pelagic (pending grant).

Separate rights exist for each of these fisheries, and allow the holder of those rights to:

1. take a particular quantity of fish, ie. quota SFRs (Southern Bluefin Tuna, Bass Strait Central Zone Scallop, Heard Island and McDonald Islands and Southern and Eastern Scalefish and Shark fisheries); or
2. use a boat in the fishery, ie. boat SFR (Bass Strait Central Zone Scallop and Southern and Eastern Scalefish and Shark fisheries); or
3. use a particular quantity of fishing equipment, ie. gear SFR (Northern Prawn Fishery); or
4. engage in fishing in the fishery (Great Australian Bight Trawl Sector of the Southern and Eastern Scalefish and Shark fishery).

Statutory Fishing Rights can only be nominated to an Australian boat, as defined in the Fisheries Management Act 1991.

SFRs can be permanently transferred to another person or company, or leased. Records of these transactions are maintained by the Australian Fisheries Management Authority (AFMA). AFMA recognises and records in a register the interest of third parties in SFRs.

Fishing Permits

Commonwealth fishing permits, granted under Section 32 of the Fisheries Management Act 1991, allow commercial fishing for Commonwealth managed species and high seas if applicable. Permits specify the area of operation, the boat being used, and other conditions, including fishing methods used and species taken. Permits may also be granted for the carrying or processing of fish taken by another boat and for testing fishing equipment.

The boat nominated for fishing against a fishing permit must be an Australian boat, as defined in the Section 4 of the Act .

Permits can be granted for a maximum of five years, however in most fisheries they are granted for one year at a time, and holders of those permits may apply to have them granted annually. At present, there are no additional fishing permits being granted, but most permits may be transferred to another person, or another boat may be nominated in substitution for the original boat while the permit is current.

AFMA does not have the power to recognise third party interests in fishing permits. Permits can be suspended or cancelled by AFMA under certain circumstances.

Fish Receiver Permits

These permits, granted under Section 91 of the Fisheries Management Act 1991, are required where the management arrangements for a specified fishery require that receivers of fish, e.g. fish processors, wholesalers and retailers, hold a fish receiver permit. Currently, a fish receiver permit is required for fish received from fishers in the Eastern Tuna and Billfish, Southern Bluefin Tuna, Bass Strait Central Zone Scallop, Southern and Eastern Scalefish and Shark, Coral Sea, South Tasman Rise, and Southern Squid Jig fisheries.

Fish receiver permits are granted for 12 months duration. They cannot be transferred. An application fee must be submitted to AFMA along with a completed application form.

AFMA has amended its Fish Receiver Permit to comply with the Commission for the Conservation of Southern Bluefin Tuna’s (CCSBT) new Catch Documentation Scheme (CDS). The CDS replaced the Trade Information Scheme (TIS) on 1 January 2010.

Unlike the TIS, the new CDS applies to all Southern Bluefin Tuna that are domestically sold or exported. Under the CDS each fish must be tagged, weighed and measured and have the correct                accompanying documentation before it can be exported or sold domestically.

If you receive SBT, in order to comply with the new conditions from 1 January 2010, you will need to register with AFMA to receive SBT. If you do not receive SBT and do not plan to receive SBT in future, this change is unlikely to affect you.

Scientific Permits

Scientific permits are granted for the purposes of conducting scientific research in a specified area of the Australian Fishing Zone (AFZ) or in a specified fishery. An application made for the grant of a scientific permit must contain information that AFMA requires for proper consideration of the application.

Scientific permits are not transferable. No application fee applies. Scientific permits are granted for a maximum duration of six months. These permits are granted under Section 33 of the Fisheries Management Act 1991. Fisheries Management Paper 11 sets out a policy for granting of scientific permits by AFMA. Scientific permit applications sent to AFMA seeking approval to conduct new research projects, need to be submitted using the AFMA approved form accompanied by a detailed proposal outlining the projects aims, objectives and methods. AFMA may seek further information or documentation as required.

Page last updated 19 January, 2010