Volume 3, Issue 23, 8 December 2006 [see previous editions]
New powers to stop illegal fishing boats
This week Minister for Defence, Brendan Nelson, announced that the Australian Navy will be granted stronger powers for combating illegal foreign fishing in Australia’s northern waters.
The new rules of engagement which, in addition to what the Navy can currently do, include the use of capsicum spray, tear gas, distraction explosives and under certain circumstances, to fire directly to disable a vessel which is seeking to escape apprehension.
“It is extremely important that anybody that comes to this country seeking to steal our fish and breach our sovereignty knows that they will be met by a very disciplined Royal Australian Navy”, Minister Nelson said.
Comments sought on SESSF Bycatch Action Plan
To assist in streamlining bycatch management across the Southern and Eastern Shark and Scalefish Fishery (SESSF), the Gillnet, Hook and Trap Fishery, Great Australian Bight Trawl Fishery and South East Trawl Fishery Bycatch Action Plans (BAPs) are being combined into one.
During 2005, various drafts were considered and it was anticipated that the BAP would be provided to AFMA’s Environment Committee seeking approval for public release. However, this process was delayed due to the decision to include the Ministerial Direction requirements and AFMA’s response to this.
Given the size and complexity of the SESSF, AFMA Management supports a focus in the BAP on verifiable data collection programs and the establishment of baseline information that can be used to develop cost effective strategies.
The draft BAP can be viewed on AFMA's website. To give stakeholders an adequate chance to look over the SESSF BAP, AFMA is allowing approximately a two month comment period.
Comments should be provided to Matt Piasente at AFMA by COB 2 February 2007 in writing to Box 7051, Canberra Business Centre, Canberra ACT 2610, by email to matthew.piasente@afma.gov.au, or by phone on (02) 6225 5587 or AFMA Direct 1300 723 621.
Get your levy guide!
The Levy Guide for the 2006/07 financial year will be available on AFMA's website on Monday 11 December 2006. This document provides a guide to fishers on levy amounts for concessions in force for the 2006/2007 financial year.
Please remember this is a guide only - levy amounts are subject to change. This guide should only be used as a planning tool for budgeting upcoming levies.
The AFMA Board's policy FMP6, Procedure for handling unpaid and overdue levy for Commonwealth domestic fishing concessions, has been revised to remove minor inconsistencies. This includes the reduction of the maximum time a concession holder could enter into arrangements. The last payment date is now 30 June NOT 31 July.
This change is due to the inconsistency of granting a new concession while levy remains unpaid for the previous concession (even if in an arrangement to pay).
Fisher’s claim for more shark quota rejected
The AAT recently rejected a fisher’s claim for more school and gummy shark quota in the GHAT.
The applicant had argued that his quota allocation should be varied as it would be unfair to use the best three years out of 1994-1997 because the years did not fairly reflect his appropriate share of the fishery. The applicant had claimed that during the catch history period his vessel was refitted for a total of up to five months during 1995/1996, that he lost 3 weeks fishing when his nets were confiscated in a compliance operation, and that he lost substantial fishing time due to other personal reasons.
The AAT considered that the matters raised would have affected fishing ability to some extent, but that it was very difficult to assess the extent of the disruption on the evidence before it. It considered that the evidence before it was so inadequate that it could not make a fair finding that a different means for assessing quota should be adopted.
Importantly, following the handing down of a further decision by the Tribunal, all shark AAT appeals on allocation have now been completed. As previously advised, AFMA is working to get the shark SFR’s issued in the GHAT fishery asap.
A copy of the full decision is available on AUSTLII.
