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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Fisheries
Legislation Amendment (High Seas Fishing Activities and Other Matters) Bill
2003
No. ,
2003
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to amend
legislation about fisheries, and for related purposes
Contents
Fisheries Administration Act
1991 4
Fisheries Management Act
1991 5
Part 1—Logbooks for
fisheries 29
Part 2—Power to stop and detain vehicles and
aircraft 33
Part 3—Charter
fishing 35
Part 4—Amendment of the
Treaty 36
A Bill for an Act to amend legislation about fisheries,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Fisheries Legislation Amendment (High
Seas Fishing Activities and Other Matters) Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedule 1 |
A single day to be fixed by Proclamation. A Proclamation must not specify a day that occurs before the day on which
the Compliance Agreement enters into force for Australia. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which the Compliance Agreement enters into force
for Australia, they commence on the first day after the end of that
period. If the provision(s) commence in this way, the Minister must announce by
notice in the Gazette the day on which the provision(s)
commenced. |
|
|
3. Schedule 2 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Fisheries Administration
Act 1991
1 Subsection 4(1)
Insert:
Australian-flagged boat has the same meaning as in the
Fisheries Management Act 1991.
2 Subsection 4(1)
Insert:
Compliance Agreement has the same meaning as in the
Fisheries Management Act 1991.
3 After paragraph 6(ba)
Insert:
(bb) to the extent that Australia has obligations:
(i) under international law; or
(ii) under the Compliance Agreement or any other international
agreement;
in relation to fishing activities by Australian-flagged boats on the high
seas that are additional to the obligations referred to in
paragraph (ba)—ensuring that those activities are carried on
consistently with those first-mentioned obligations; and
4 After paragraph 7(1)(aa)
Insert:
(ab) to the extent that Australia has obligations:
(i) under international law; or
(ii) under the Compliance Agreement or any other international
agreement;
in relation to fishing activities by Australian-flagged boats on the high
seas that are additional to the obligations referred to in
paragraph (aa)—to devise and implement management regimes in relation
to those activities that are consistent with those first-mentioned obligations;
and
5 Paragraph 7(1)(ga)
After “with”, insert “and, where obliged under this Act
or any associated law or under international law or international agreements to
do so, to give information to,”.
6 After paragraph 3(2)(c)
Insert:
and (d) to the extent that Australia has obligations:
(i) under international law; or
(ii) under the Compliance Agreement or any other international
agreement;
in relation to fishing activities by Australian-flagged boats on the high
seas that are additional to the obligations referred to in
paragraph (c)—ensuring that Australia implements those
first-mentioned obligations;
7 Subsection 4(1)
Insert:
Compliance Agreement means the Agreement to promote
Compliance with International Conservation and Management Measures by Fishing
Vessels on the High Seas done at Rome on 24 November 1993, a copy of the
English text of which is set out in Schedule 3.
8 Subsection 4(1)
Insert:
FAO means the Food and Agriculture Organization of the United
Nations.
9 Subsection 4(1)
Insert:
international conservation and management measure means a
measure to conserve and manage one or more species of living marine resources
that is adopted and applied, in accordance with the relevant rules of
international law as reflected in the 1982 United Nations Convention on the Law
of the Sea:
(a) by a global, regional or subregional fisheries organisation;
or
(b) by treaty or other international agreement.
Note: The English text of the United Nations Convention on
the Law of the Sea is set out in Australian Treaty Series 1994
No. 31.
10 Subsection 7(3) (first
sentence)
Repeal the sentence, substitute:
In relation to fishing activities on waters outside the AFZ, this Act
applies:
(a) to Australian boats and to Australian-flagged boats that are not
Australian boats; and
(b) to all persons (including foreigners) on boats to which
paragraph (a) applies.
11 Subsection 8(1)
Omit all the words before paragraph (a), substitute:
The regulations may provide that, in respect of specified areas outside
the AFZ, or in respect of the high seas generally, this Act applies
to:
12 Paragraphs 8(1)(c) and (d)
Repeal the paragraphs, substitute:
(c) Australian boats and Australian-flagged boats that are not Australian
boats; and
(d) persons on board boats to which paragraph (c) applies.
13 After section 16A
Insert:
(1) Subject to subsection (5), AFMA must not, under this Part, grant
a fishing concession authorising the use for fishing activities on the high seas
of an Australian-flagged boat that was previously registered in a foreign
country and authorised by that country for such fishing activities if:
(a) AFMA believes, on reasonable grounds, that the boat is a boat to which
subsection (2) or (3) applies; and
(b) subsection (4) does not apply.
(2) This subsection applies to an Australian-flagged boat that was
previously registered in a foreign country that is a party to the Compliance
Agreement if:
(a) that foreign country has, because the owner or operator of that boat
has undermined international conservation and management measures, suspended the
authority to use that boat on the high seas for a period and that period has not
expired; or
(b) that foreign country has, because the owner or operator of that boat
has undermined international conservation and management measures, cancelled the
authority to use that boat on the high seas and a period of 3 years has not
elapsed since that cancellation.
(3) This subsection applies to an Australian-flagged boat that was
previously registered in a foreign country that is not a party to the Compliance
Agreement if, on the basis of information available to it, AFMA is satisfied
that:
(a) the foreign country has, because the owner or operator of that boat
has undermined international conservation and management measures, suspended the
authority to use that boat on the high seas for a period and that period has not
expired; or
(b) the foreign country has, because the owner or operator of that boat
has undermined international conservation and management measures, cancelled the
authority for use of that boat on the high seas and a period of 3 years has not
elapsed since that cancellation.
(4) If the person seeking the grant of a fishing concession authorising
the use of a boat to which subsection (2) or (3) applies for fishing
activities on the high seas satisfies AFMA that the owner or operator of the
boat at the time the authority to use it was suspended or cancelled has no
present legal, beneficial or financial interest in, or control of, the boat,
AFMA may grant such a fishing concession authorising the use of the boat despite
the application of subsection (2) or (3).
(5) Despite subsection (1), AFMA may grant a fishing concession
authorising the use of an Australian-flagged boat to which subsection (2)
or (3) applies for fishing activities on the high seas if, having regard to the
circumstances in which a foreign country’s authorisation for the use of
that boat for fishing activities on the high seas was suspended or cancelled,
AFMA is satisfied that the grant of that fishing concession will not be likely
to undermine international conservation and management measures.
(6) Nothing in this section implies that AFMA may not take other matters
into consideration when deciding whether or not to grant a fishing concession
authorising the use of an Australian-flagged boat for fishing activities on the
high seas.
14 After subsection 22(5)
Insert:
(5A) After the commencement of this subsection and without limiting the
generality of subsection (5), if a statutory fishing right authorises an
Australian-flagged boat to fish on the high seas, AFMA may attach a further
condition to that right to the effect that another boat may not be substituted
for the first-mentioned boat without AFMA’s prior written agreement to the
substitution.
15 After subsection 32(1B)
Insert:
(1BA) After the commencement of this subsection, a boat may not be
nominated under subsection (1A) or (1B):
(a) without AFMA’s written agreement to the nomination;
and
(b) for the purposes of a permit to fish in a specified fishery on the
high seas—unless it is an Australian-flagged boat.
16 At the end of
section 39
Add:
(2) If a fishing concession authorises the use of an Australian-flagged
boat for fishing activities in waters wholly or partly beyond the AFZ—the
concession is taken, by force of this subsection, to have been cancelled if the
boat ceases to be an Australian-flagged boat.
17 Section 57
Repeal the section, substitute:
A person is guilty of an offence if:
(a) the person produces or tenders a document in evidence; and
(b) that document falsely purports to be:
(i) an instrument, or a copy of or extract from an instrument, lodged with
AFMA under this Part; or
(ii) a copy of or extract from an entry in the Register.
Maximum penalty: Imprisonment for 2 years.
Note 1: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
Note 2: Subsections 137.1(1) and 137.2(1) of the Criminal
Code create offences for the provision of false or misleading documents or
information in purported compliance with Commonwealth
legislation.
18 After Part 4
Insert:
(1) AFMA must establish and must maintain a separate register, to be
called the High Seas Register, containing particulars of all Australian-flagged
boats that are authorised from time to time to engage in fishing activities on
the high seas.
(2) The Register may be kept wholly or partly by use of a
computer.
(3) If the Register is kept wholly or partly by use of a
computer:
(a) references in this Act to an entry in the Register are to be read as
including references to a record of particulars kept by use of the computer and
comprising the Register or a part of the Register; and
(b) references in this Act to particulars being entered in the Register
are to be read as including references to the keeping of a record of those
particulars as part of the Register by use of the computer; and
(c) references in this Act to the rectification of the Register are to be
read as including references to the rectification of the record of particulars
kept by use of the computer and comprising the Register or part of the
Register.
(1) AFMA must include in the Register:
(a) the identifying particulars of each Australian-flagged boat that is
authorised by a fishing concession to be used for fishing activities on the high
seas; and
(b) the name and address of the owner or owners of the boat; and
(c) the nature of the fishing concession, how it covers fishing activities
on the high seas and the period for which it is granted.
(2) For the purposes of paragraph (1)(a), the identifying particulars
of an Australian-flagged boat are:
(a) its name and any previous name or names (if known to AFMA);
and
(b) its registration number; and
(c) its port of registry; and
(d) any previous flag under which it has sailed; and
(e) its international radio call sign (if any); and
(f) the place where, and the period when, it was built; and
(g) its type; and
(h) its length; and
(i) such other particulars (if any) as are prescribed.
(3) Subject to subsections (4) and (5), if any of the particulars
required to be recorded under subsection (1) or (2) in relation to an
Australian-flagged boat changes, AFMA must, as soon as it becomes aware of that
change, alter the Register to record that change.
(4) If, in relation to an Australian-flagged boat that is included in the
Register:
(a) the fishing concession covering that boat is suspended or the
suspension is revoked; or
(b) the fishing concession covering that boat is cancelled or ceases to
have effect;
AFMA must record in the Register the fact of that suspension, revocation,
cancellation or cessation and also the reason for it.
(5) If, because of a decision made by AFMA, a Joint Authority, the
Administrative Appeals Tribunal or a court, a record made by AFMA under
subsection (4) is no longer correct, AFMA must rectify the Register
accordingly.
(6) If an Australian-flagged boat that is included in the
Register:
(a) ceases to be an Australian-flagged boat; or
(b) is decommissioned or lost;
AFMA must record that fact in the Register.
(1) AFMA must:
(a) on the establishment of the High Seas Register—notify the FAO of
its contents; and
(b) whenever there is:
(i) an addition to, or a change in the particulars on, the Register;
or
(ii) a record placed on the Register as required under subsection 57B(4)
or (6); or
(iii) a rectification of the Register as required under subsection
57B(5);
notify the FAO of that addition, change, record or rectification and of
the reason for it.
(2) If the reason for suspending or cancelling a fishing concession
authorising the use of an Australian-flagged boat for fishing activities on the
high seas is that AFMA is satisfied that the boat has been used in any
activities that undermine international conservation and management
measures—the notification to the FAO must specify particulars of the
activities giving rise to AFMA’s action.
(3) If AFMA grants a fishing concession authorising the use of an
Australian-flagged boat to fish on the high seas in the circumstances set out in
subsection 16B(5), AFMA must notify the FAO:
(a) of the fact that the concession has been granted, despite the prior
suspension or cancellation of an authority granted by a foreign country;
and
(b) of all data known to AFMA that is relevant to the identification of
the boat and of its current owners and operators; and
(c) of all matters relevant to AFMA’s decision to grant the
concession.
(4) If AFMA believes, on reasonable grounds, that a boat flying the flag
of a foreign country has been used in any activities that undermine
international conservation and management measures:
(a) AFMA must notify the foreign country of its belief and provide the
foreign country with the evidence that supports its belief; and
(b) AFMA may notify the FAO of its belief and give it a summary of the
supporting evidence.
(1) The High Seas Register must be available for inspection in accordance
with the regulations and on payment of the prescribed fee by any person during
the hours that AFMA is open for business.
(2) If the High Seas Register is kept wholly or partly by use of a
computer, subsection (1) is taken to have been complied with, to the extent
that the Register is so kept, by giving members of the public access to a
computer terminal so that they can inspect the Register, either on a screen or
in the form of a computer print-out.
Sections 53, 54, 55 and 56 apply to the High Seas Register in like
manner as they apply to the Register established and maintained under
Part 4.
A person is guilty of an offence if:
(a) the person produces or tenders a document in evidence; and
(b) that document falsely purports to be:
(i) an instrument, or a copy of or extract from an instrument, lodged with
AFMA under this Part; or
(ii) a copy of or extract from an entry in the High Seas
Register.
Maximum penalty: Imprisonment for 2 years.
Note 1: Chapter 2 of the Criminal Code sets out
the general principles of criminal responsibility.
Note 2: Subsections 137.1(1) and 137.2(1) of the Criminal
Code create offences for the provision of false or misleading documents or
information in purported compliance with Commonwealth
legislation.
19 At the end of the Act
Add:
Note: See subsection 4(1) (definition of Compliance
Agreement).
The Parties to this
Agreement,
Recognizing that all States have the
right for their nationals to engage in fishing on the high seas, subject to the
relevant rules of international law, as reflected in the United Nations
Convention on the Law of the Sea,
Further recognizing that, under
international law as reflected in the United Nations Convention on the Law of
the Sea, all States have the duty to take, or to cooperate with other States in
taking, such measures for their respective nationals as may be necessary for the
conservation of the living resources of the high
seas,
Acknowledging the right and interest of all States to
develop their fishing sectors in accordance with their national policies, and
the need to promote cooperation with developing countries to enhance their
capabilities to fulfil their obligations under this
Agreement,
Recalling that Agenda 21, adopted by the United Nations
Conference on Environment and Development, calls upon States to take effective
action, consistent with international law, to deter reflagging of vessels by
their nationals as a means of avoiding compliance with applicable conservation
and management rules for fishing activities on the high seas,
Further
recalling that the Declaration of Cancun, adopted by the International
Conference on Responsible Fishing, also calls on States to take action in this
respect,
Bearing in mind that under Agenda 21, States commit
themselves to the conservation and sustainable use of marine living resources on
the high seas,
Calling upon States which do not participate in
global, regional or subregional fisheries organizations or arrangements to join
or, as appropriate, to enter into understandings with such organizations or with
parties to such organizations or arrangements with a view to achieving
compliance with international conservation and management
measures,
Conscious of the duties of every State to exercise
effectively its jurisdiction and control over vessels flying its flag, including
fishing vessels and vessels engaged in the transhipment of
fish,
Mindful that the practice of flagging or reflagging fishing
vessels as a means of avoiding compliance with international conservation and
management measures for living marine resources, and the failure of flag States
to fulfil their responsibilities with respect to fishing vessels entitled to fly
their flag, are among the factors that seriously undermine the effectiveness of
such measures,
Realizing that the objective of this Agreement can
be achieved through specifying flag States’ responsibility in respect of
fishing vessels entitled to fly their flags and operating on the high seas,
including the authorization by the flag State of such operations, as well as
through strengthened international cooperation and increased transparency
through the exchange of information on high seas fishing,
Noting
that this Agreement will form an integral part of the International Code of
Conduct for Responsible Fishing called for in the Declaration of
Cancun,
Desiring to conclude an international agreement within the
framework of the Food and Agriculture Organization of the United Nations,
hereinafter referred to as FAO, under Article XIV of the FAO
Constitution,
Have agreed as follows:
For the purposes of this Agreement:
(a) “fishing
vessel” means any vessel used or intended for use for the purposes of the
commercial exploitation of living marine resources, including mother ships and
any other vessels directly engaged in such fishing
operations;
(b) “international conservation and management
measures” means measures to conserve or manage one or more species of
living marine resources that are adopted and applied in accordance with the
relevant rules of international law as reflected in the 1982 United Nations
Convention on the Law of the Sea. Such measures may be adopted either by global,
regional or subregional fisheries organizations, subject to the rights and
obligations of their members, or by treaties or other international
agreements;
(c) “length” means
(i) for any fishing
vessel built after 18 July 1982, 96 percent of the total length on a
waterline at 85 percent of the least moulded depth measured from the top of the
keel, or the length from the foreside of the stem to the axis of the rudder
stock on that waterline, if that be greater. In ships designed with a rake of
keel the waterline on which this length is measured shall be parallel to the
designed waterline;
(ii) for any fishing vessel built before 18 July
1982, registered length as entered on the national register or other record of
vessels;
(d) “record of fishing vessels” means a record of
fishing vessels in which are recorded pertinent details of the fishing vessel.
It may constitute a separate record for fishing vessels or form part of a
general record of vessels;
(e) “regional economic integration
organization” means a regional economic integration organization to which
its member States have transferred competence over matters covered by this
Agreement, including the authority to make decisions binding on its member
States in respect of those matters;
(f) “vessels entitled to fly
its flag” and “vessels entitled to fly the flag of a State”,
includes vessels entitled to fly the flag of a member State of a regional
economic integration organization.
1. Subject to the following paragraphs of this Article, this Agreement
shall apply to all fishing vessels that are used or intended for fishing on the
high seas.
2. A Party may exempt fishing vessels of less than 24 metres
in length entitled to fly its flag from the application of this Agreement unless
the Party determines that such an exemption would undermine the object and
purpose of this Agreement, provided that such exemptions:
(a) shall not
be granted in respect of fishing vessels operating in fishing regions referred
to in paragraph 3 below, other than fishing vessels that are entitled to fly the
flag of a coastal State of that fishing region; and
(b) shall not apply
to the obligations undertaken by a Party under paragraph 1 of Article III, or
paragraph 7 of Article VI of this Agreement.
3. Without prejudice to the
provisions of paragraph 2 above, in any fishing region where bordering coastal
States have not yet declared exclusive economic zones, or equivalent zones of
national jurisdiction over fisheries, such coastal States as are Parties to this
Agreement may agree, either directly or through appropriate regional fisheries
organizations, to establish a minimum length of fishing vessels below which this
Agreement shall not apply in respect of fishing vessels flying the flag of any
such coastal State and operating exclusively in such fishing
region.
1. (a) Each Party shall take such measures as may be necessary to
ensure that fishing vessels entitled to fly its flag do not engage in any
activity that undermines the effectiveness of international conservation and
management measures.
(b) In the event that a Party has, pursuant to
paragraph 2 of Article II, granted an exemption for fishing vessels of less than
24 metres in length entitled to fly its flag from the application of other
provisions of this Agreement, such Party shall nevertheless take effective
measures in respect of any such fishing vessel that undermines the effectiveness
of international conservation and management measures. These measures shall be
such as to ensure that the fishing vessel ceases to engage in activities that
undermine the effectiveness of the international conservation and management
measures.
2. In particular, no Party shall allow any fishing vessel
entitled to fly its flag to be used for fishing on the high seas unless it has
been authorized to be so used by the appropriate authority or authorities of
that Party. A fishing vessel so authorized shall fish in accordance with the
conditions of the authorization.
3. No Party shall authorize any fishing
vessel entitled to fly its flag to be used for fishing on the high seas unless
the Party is satisfied that it is able, taking into account the links that exist
between it and the fishing vessel concerned, to exercise effectively its
responsibilities under this Agreement in respect of that fishing
vessel.
4. Where a fishing vessel that has been authorized to be used for
fishing on the high seas by a Party ceases to be entitled to fly the flag of
that Party, the authorization to fish on the high seas shall be deemed to have
been cancelled.
5. (a) No Party shall authorize any fishing vessel
previously registered in the territory of another Party that has undermined the
effectiveness of international conservation and management measures to be used
for fishing on the high seas, unless it is satisfied that
(i) any period
of suspension by another Party of an authorization for such fishing vessel to be
used for fishing on the high seas has expired; and
(ii) no authorization
for such fishing vessel to be used for fishing on the high seas has been
withdrawn by another Party within the last three years.
(b) The provisions of subparagraph (a) above shall also apply in
respect of fishing vessels previously registered in the territory of a State
which is not a Party to this Agreement, provided that sufficient information is
available to the Party concerned on the circumstances in which the authorization
to fish was suspended or withdrawn.
(c) The provisions of subparagraphs (a) and (b) shall not apply where
the ownership of the fishing vessel has subsequently changed, and the new owner
has provided sufficient evidence demonstrating that the previous owner or
operator has no further legal, beneficial or financial interest in, or control
of, the fishing vessel.
(d) Notwithstanding the provisions of
subparagraphs (a) and (b) above, a Party may authorize a fishing vessel, to
which those subparagraphs would otherwise apply, to be used for fishing on the
high seas, where the Party concerned, after having taken into account all
relevant facts, including the circumstances in which the fishing authorization
has been withdrawn by the other Party or State, has determined that to grant an
authorization to use the vessel for fishing on the high seas would not undermine
the object and purpose of this Agreement.
6. Each party shall ensure that
all fishing vessels entitled to fly its flag that it has entered in the record
maintained under Article IV are marked in such a way that they can be readily
identified in accordance with generally accepted standards, such as the FAO
Standard Specifications for the Marking and Identification of Fishing
Vessels.
7. Each Party shall ensure that each fishing vessel entitled to
fly its flag shall provide it with such information on its operations as may be
necessary to enable the Party to fulfil its obligations under this Agreement,
including in particular information pertaining to the area of its fishing
operations and to its catches and landings.
8. Each Party shall take
enforcement measures in respect of fishing vessels entitled to fly its flag
which act in contravention of the provisions of this Agreement, including, where
appropriate, making the contravention of such provisions an offence under
national legislation. Sanctions applicable in respect of such contraventions
shall be of sufficient gravity as to be effective in securing compliance with
the requirements of this Agreement and to deprive offenders of the benefits
accruing from their illegal activities. Such sanctions shall, for serious
offences, include refusal, suspension or withdrawal of the authorization to fish
on the high seas.
Each Party shall, for the purposes of this Agreement, maintain a record of
fishing vessels entitled to fly its flag and authorized to be used for fishing
on the high seas, and shall take such measures as may be necessary to ensure
that all such fishing vessels are entered in that record.
1. The Parties shall cooperate as appropriate in the implementation of
this Agreement, and shall, in particular, exchange information, including
evidentiary material, relating to activities of fishing vessels in order to
assist the flag State in identifying those fishing vessels flying its flag
reported to have engaged in activities undermining international conservation
and management measures, so as to fulfil its obligations under Article
III.
2. When a fishing vessel is voluntarily in the port of a Party other
than its flag State, that Party, where it has reasonable grounds for believing
that the fishing vessel has been used for an activity that undermines the
effectiveness of international conservation and management measures, shall
promptly notify the flag State accordingly. Parties may make arrangements
regarding the undertaking by port States of such investigatory measures as may
be considered necessary to establish whether the fishing vessel has indeed been
used contrary to the provisions of this Agreement.
3. The Parties shall,
when and as appropriate, enter into cooperative agreements or arrangements of
mutual assistance on a global, regional, subregional or bilateral basis so as to
promote the achievement of the objectives of this Agreement.
1. Each Party shall make readily available to FAO the following
information with respect to each fishing vessel entered in the record required
to be maintained under Article IV:
(a) name of fishing vessel,
registration number, previous names (if known), and port of
registry;
(b) previous flag (if any);
(c) International Radio Call
Sign (if any);
(d) name and address of owner or owners;
(e) where
and when built;
(f) type of vessel;
(g) length.
2. Each
Party shall, to the extent practicable, make available to FAO the following
additional information with respect to each fishing vessel entered in the record
required to be maintained under Article IV:
(a) name and address of
operator (manager) or operators (managers) (if any);
(b) type of fishing
method or methods;
(c) moulded depth;
(d) beam;
(e) gross
register tonnage;
(f) power of main engine or engines.
3. Each
Party shall promptly notify to FAO any modifications to the information listed
in paragraphs 1 and 2 of this Article.
4. FAO shall circulate
periodically the information provided under paragraphs 1, 2, and 3 of this
Article to all Parties, and, on request, individually to any Party. FAO shall
also, subject to any restrictions imposed by the Party concerned regarding the
distribution of information, provide such information on request individually to
any global, regional or subregional fisheries organization.
5. Each Party
shall also promptly inform FAO of -
(a) any additions to the
record;
(b) any deletions from the record by reason of -
(i) the
voluntary relinquishment or non-renewal of the fishing authorization by the
fishing vessel owner or operator;
(ii) the withdrawal of the fishing
authorization issued in respect of the fishing vessel under paragraph 8 of
Article III;
(iii) the fact that the fishing vessel concerned is no
longer entitled to fly its flag;
(iv) the scrapping, decommissioning or
loss of the fishing vessel concerned; or
(v) any other
reason.
6. Where information is given to FAO under paragraph 5 (b) above,
the Party concerned shall specify which of the reasons listed in that paragraph
is applicable.
7. Each Party shall inform FAO of
(a) any exemption
it has granted under paragraph 2 of Article II, the number and type of fishing
vessel involved and the geographical areas in which such fishing vessels
operate; and
(b) any agreement reached under paragraph 3 of Article
II.
8. (a) Each Party shall report promptly to FAO all relevant
information regarding any activities of fishing vessels flying its flag that
undermine the effectiveness of international conservation and management
measures, including the identity of the fishing vessel or vessels involved and
measures imposed by the Party in respect of such activities. Reports on measures
imposed by a Party may be subject to such limitations as may be required by
national legislation with respect to confidentiality, including, in particular,
confidentiality regarding measures that are not yet final.
(b) Each
Party, where it has reasonable grounds to believe that a fishing vessel not
entitled to fly its flag has engaged in any activity that undermines the
effectiveness of international conservation and management measures, shall draw
this to the attention of the flag State concerned and may, as appropriate, draw
it to the attention of FAO. It shall provide the flag State with full supporting
evidence and may provide FAO with a summary of such evidence. FAO shall not
circulate such information until such time as the flag State has had an
opportunity to comment on the allegation and evidence submitted, or to object as
the case may be.
9. Each Party shall inform FAO of any cases where the
Party, pursuant to paragraph 5 (d) of Article III, has granted an authorization
notwithstanding the provisions of paragraph 5 (a) or 5 (b) of Article III. The
information shall include pertinent data permitting the identification of the
fishing vessel and the owner or operator and, as appropriate, any other
information relevant to the Party’s decision.
10. FAO shall
circulate promptly the information provided under paragraphs 5, 6, 7, 8 and 9 of
this Article to all Parties, and, on request, individually to any Party. FAO
shall also, subject to any restrictions imposed by the Party concerned regarding
the distribution of information, provide such information promptly on request
individually to any global, regional or subregional fisheries
organization.
11. The Parties shall exchange information relating to the
implementation of this Agreement, including through FAO and other appropriate
global, regional and subregional fisheries organizations.
The Parties shall cooperate, at a global, regional, subregional or
bilateral level, and, as appropriate, with the support of FAO and other
international or regional organizations, to provide assistance, including
technical assistance, to Parties that are developing countries in order to
assist them in fulfilling their obligations under this
Agreement.
1. The Parties shall encourage any State not party to this Agreement to
accept this Agreement and shall encourage any non-Party to adopt laws and
regulations consistent with the provisions of this Agreement.
2. The
Parties shall cooperate in a manner consistent with this Agreement and with
international law to the end that fishing vessels entitled to fly the flags of
non-Parties do not engage in activities that undermine the effectiveness of
international conservation and management measures.
3. The Parties shall
exchange information amongst themselves, either directly or through FAO, with
respect to activities of fishing vessels flying the flags of non-Parties that
undermine the effectiveness of international conservation and management
measures.
1. Any Party may seek consultations with any other Party or Parties on
any dispute with regard to the interpretation or application of the provisions
of this Agreement with a view to reaching a mutually satisfactory solution as
soon as possible.
2. In the event that the dispute is not resolved
through these consultations within a reasonable period of time, the Parties in
question shall consult among themselves as soon as possible with a view to
having the dispute settled by negotiation, inquiry, mediation, conciliation,
arbitration, judicial settlement or other peaceful means of their own
choice.
3. Any dispute of this character not so resolved shall, with the
consent of all Parties to the dispute, be referred for settlement to the
International Court of Justice, to the International Tribunal for the Law of the
Sea upon entry into force of the 1982 United Nations Convention on the Law of
the Sea or to arbitration. In the case of failure to reach agreement on referral
to the International Court of Justice, to the International Tribunal for the Law
of the Sea or to arbitration, the Parties shall continue to consult and
cooperate with a view to reaching settlement of the dispute in accordance with
the rules of international law relating to the conservation of living marine
resources.
1. This Agreement shall be open to acceptance by any Member or
Associate Member of FAO, and to any non-member State that is a member of the
United Nations, or of any of the specialized agencies of the United Nations or
of the International Atomic Energy Agency.
2. Acceptance of this
Agreement shall be effected by the deposit of an instrument of acceptance with
the Director-General of FAO, hereinafter referred to as the
Director-General.
3. The Director-General shall inform all Parties, all
Members and Associate Members of FAO and the Secretary-General of the United
Nations of all instruments of acceptance received.
4. When a regional
economic integration organization becomes a Party to this Agreement, such
regional economic integration organization shall, in accordance with the
provisions of Article II.7 of the FAO Constitution, as appropriate, notify such
modifications or clarifications to its declaration of competence submitted under
Article II.5 of the FAO Constitution as may be necessary in light of its
acceptance of this Agreement. Any Party to this Agreement may, at any time,
request a regional economic integration organization that is a Party to this
Agreement to provide information as to which, as between the regional economic
integration organization and its Member States, is responsible for the
implementation of any particular matter covered by this Agreement. The regional
economic integration organization shall provide this information within a
reasonable time.
1. This Agreement shall enter into force as from the date of receipt by
the Director-General of the twenty-fifth instrument of acceptance.
2. For
the purpose of this Article, an instrument deposited by a regional economic
integration organization shall not be counted as additional to those deposited
by member States of such an organization.
Acceptance of this Agreement may be made subject to reservations which
shall become effective only upon unanimous acceptance by all Parties to this
Agreement. The Director-General shall notify forthwith all Parties of any
reservation. Parties not having replied within three months from the date of the
notification shall be deemed to have accepted the reservation. Failing such
acceptance, the State or regional economic integration organization making the
reservation shall not become a Party to this Agreement.
1. Any proposal by a Party for the amendment of this Agreement shall be
communicated to the Director-General.
2. Any proposed amendment of this
Agreement received by the Director-General from a Party shall be presented to a
regular or special session of the Conference for approval and, if the amendment
involves important technical changes or imposes additional obligations on the
Parties, it shall be considered by an advisory committee of specialists convened
by FAO prior to the Conference.
3. Notice of any proposed amendment of
this Agreement shall be transmitted to the Parties by the Director-General not
later than the time when the agenda of the session of the Conference at which
the matter is to be considered is dispatched.
4. Any such proposed
amendment of this Agreement shall require the approval of the Conference and
shall come into force as from the thirtieth day after acceptance by two-thirds
of the Parties. Amendments involving new obligations for Parties, however, shall
come into force in respect of each Party only on acceptance by it and as from
the thirtieth day after such acceptance. Any amendment shall be deemed to
involve new obligations for Parties unless the Conference, in approving the
amendment, decides otherwise by consensus.
5. The instruments of
acceptance of amendments involving new obligations shall be deposited with the
Director-General, who shall inform all Parties of the receipt of acceptance and
the entry into force of amendments.
6. For the purpose of this Article,
an instrument deposited by a regional economic integration organization shall
not be counted as additional to those deposited by member States of such an
organization.
Any Party may withdraw from this Agreement at any time after the expiry
of two years from the date upon which the Agreement entered into force with
respect to that Party, by giving written notice of such withdrawal to the
Director-General who shall immediately inform all the Parties and the Members
and Associate Members of FAO of such withdrawal. Withdrawal shall become
effective at the end of the calendar year following that in which the notice of
withdrawal has been received by the Director-General.
The Director-General shall be the Depositary of this Agreement. The
Depositary shall:
(a) send certified copies of this Agreement to each
Member and Associate Member of FAO and to such non-member States as may become
party to this Agreement;
(b) arrange for the registration of this
Agreement, upon its entry into force, with the Secretariat of the United Nations
in accordance with Article 102 of the Charter of the United
Nations;
(c) inform each Member and Associate Member of FAO and any
non-member States as may become Party to this Agreement
of:
(i) instruments of acceptance deposited in accordance with Article
X;
(ii) the date of entry into force of this Agreement in accordance with
Article XI;
(iii) proposals for and the entry into force of amendments to
this Agreement in accordance with Article XIII;
(iv) withdrawals from
this Agreement pursuant to Article XIV.
The Arabic, Chinese, English, French, and Spanish texts of this
Agreement are equally authentic.
1 Subsection 42(1)
Repeal the subsection, substitute:
(1) AFMA may, by a written determination, in relation to a particular
fishery, provide for holders of fishing concessions in respect of that fishery
to keep and maintain logbooks containing information in respect of their
activities in that fishery.
(1A) Without limiting the generality of subsection (1), a
determination by AFMA in respect of a particular fishery may cover matters
including:
(a) the form and content of logbooks for that fishery to be kept by the
concession holder; and
(b) the secure storage of such logbooks; and
(c) the period for which retention of such logbooks is required;
and
(d) the furnishing to AFMA of such logbooks or of returns of information
contained in them.
(1B) The content of the logbook kept by the holder of a fishing concession
in respect of a particular fishery, and of any return of information from such a
logbook, may extend to information in relation to:
(a) the taking of fish under that fishing concession and the sale or
disposal of such fish; or
(b) the carrying, landing, transhipping or transporting of fish taken
under that fishing concession; or
(c) the receipt or processing of fish taken under that fishing concession
and the sale or disposal of fish so received or processed; or
(d) the course, or position at regular intervals, inside or outside the
outer limits of the AFZ, of boats to which the fishing concession relates;
or
(e) any other matter relevant to the fishing concession in that fishery
that is specified in the determination.
(1C) The obligations arising under this section from a determination made
under subsection (1) in relation to a particular fishery override any
provision to the contrary, in force immediately before the making of the
determination:
(a) in a plan of management for that fishery; or
(b) in a condition to which a fishing concession in respect of that
fishery is subject.
2 Subsection 42(2)
Omit “regulations made by virtue of”, substitute
“determination made under”.
3 At the end of section 42
Add:
(3) A determination made under subsection (1) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation
Act 1901.
Note: The heading to section 42 is replaced by the
heading “Determinations relating to logbooks and the furnishing of
returns”.
4 Paragraph 95(1)(g)
Repeal the paragraph, substitute:
(g) keep or purport to keep a logbook, or furnish or purport to furnish a
logbook or return, relating to a matter specified in subsection 42(1B) knowing
that the logbook so kept or the logbook or return so furnished contains a
statement in respect of that matter that is false or misleading in a material
particular.
5 Subsection 106(2A)
Omit all the words after paragraph (b), substitute:
in respect of a logbook kept or purported to be kept, or a logbook or
return furnished or purported to be furnished, under section 42 of this
Act, the court may order the forfeiture of all or any of the
following:
(c) if the logbook or return related, in whole or in part, to the taking,
carrying, landing, transhipping, transporting or processing of fish—any
boat employed in that activity;
(d) if the logbook or return related, in whole or in part, to the taking
or processing of fish—any net, trap or equipment on board a boat employed
in that taking or processing for purposes related to that taking or
processing;
(e) if the logbook or return related, in whole or in part, to the taking,
carrying, landing, transhipping, transporting or processing of fish—any
fish on board a boat employed in that activity that were, or should have been,
covered by the logbook or return;
(f) if the logbook or return related, in whole or in part, to the taking,
carrying, landing, transhipping, transporting, receipt or processing of
fish—the proceeds of the sale of the fish that were, or should have been,
covered by the logbook or return.
6 Subsection 167(1)
Repeal the subsection, substitute:
(1) AFMA must cause to be compiled, from logbooks or returns furnished
under section 42 or from other sources, statistics in relation to matters
mentioned in subsection 42(1B) and must publish or make available, in any way it
thinks fit, such of those statistics as it thinks fit.
7 Paragraph 168(2)(i)
Omit “regulations”, substitute “a
determination”.
8 Saving provision
Despite the amendments of section 42 of the Fisheries Management
Act 1991 made by this Schedule, any condition attaching to a fishing
concession:
(a) that was in force immediately before the making of a determination
under section 42 as amended by this Act in respect of a particular fishery;
and
(b) that relates:
(i) to the keeping of logbooks concerning fishing activities in that
fishery undertaken before the making of that determination; or
(ii) to the production of those logbooks to AFMA;
continues to apply, on and after the making of that determination, in
relation to those fishing activities as if the amendments had not been
made.
Part 2—Power
to stop and detain vehicles and aircraft
9 Paragraph 84(1)(e)
Omit “with the consent of the owner or person in charge of the
vehicle or aircraft or under a warrant issued under section 85”,
substitute “, and subject to subsections (1AA) and
(1AB)”.
10 After subsection 84(1)
Insert:
(1AA) Subject to subsection (1AB), the powers of an officer under
paragraph (1)(e) in respect of any vehicle or aircraft must not be
exercised without either:
(a) the consent of the owner or person in charge of the vehicle or
aircraft to the exercise of those powers; or
(b) the obtaining of a warrant under section 85 or 86 authorising the
exercise of those powers.
(1AB) If:
(a) the owner or person in charge of a vehicle or aircraft referred to in
subsection (1AA) refuses to consent to the exercise by an officer of powers
under paragraph (1)(e); and
(b) an officer seeking to exercise those powers believes, on reasonable
grounds:
(i) that there is in the vehicle or aircraft anything that may afford
evidence of an offence against this Act; and
(ii) that the delay that would occur if an application for a warrant were
made (either in person or under section 86) would frustrate the effective
execution of the warrant;
those powers may be exercised without a warrant but, if that is done, the
officer must:
(c) if it is practicable to do so, notify the owner or person in charge of
a vehicle or aircraft that the officer will be exercising powers under
paragraph (1)(e) without a warrant and that the reasons for the exercise of
those powers may be requested; and
(d) as soon as reasonably practicable, record the reasons for the exercise
of those powers without a warrant; and
(e) upon request by the owner or person in charge of the vehicle or
aircraft—provide the record of those reasons to the person affected by the
exercise of those powers.
11 Subsection 4(5)
Repeal the subsection, substitute:
(5) For the purposes of this Act, a charter boat, the person in charge of
the boat and any other person fishing from the boat are taken to be engaged in
recreational fishing.
12 Paragraph 10(3)(a)
After “recreational fishing” (first occurring), insert
“(whether from a charter boat or otherwise) that is”.
13 Paragraph 10(3)(b)
After “recreational fishing” (first occurring), insert
“(whether from a charter boat or otherwise) that is”.
14 Paragraph 15A(1)(b)
Repeal the paragraph, substitute:
(b) takes the fish in the course of recreational fishing (whether from a
charter boat or otherwise).
15 Paragraphs 32(4)(b) and (c)
Repeal the paragraphs, substitute:
(b) for recreational fishing generally (whether from a charter boat or
otherwise); or
Part 4—Amendment
of the Treaty
16 Subsection 4(7)
After “the Treaty” insert “that alters the Treaty area
that is within the AFZ or that alters a condition of a Treaty licence in a way
that affects fishing by Treaty boats within the AFZ under a Treaty
licence”.