The Act amends the objectives of the Fisheries Management Act 1991 (Cth) and the Fisheries Administration Act 1991 (Cth) to explicitly recognise recreational and Indigenous fishers, strengthen their engagement in the management of Commonwealth commercial fisheries and ensure that the interests of those stakeholder groups are appropriately taken into account in Australian Government decision-making processes.
The Act requires the minister, Australian Fisheries Management Authority (AFMA) and Joint Authorities established under the Fisheries Management Act to have regard to ensuring that the interests of all fisheries users are taken into account in Commonwealth fisheries management decisions and in the performance of their functions.
The Act is in response to the Marine Fisheries and Aquaculture inquiry. Key points made by the Productivity Commission in the draft report included:
the impacts of recreational and indigenous customary fishing activity are largely uncounted in Commonwealth, state and territory fishery management regimes
there is relatively poor input from Indigenous people in fishery management and Indigenous customary fishing should be incorporated into fisheries management systems.
Other minor amendments in the Bill allow for increased opportunities for membership of AFMA advisory bodies and extend the eligibility criteria for serving on the AFMA Commission to include expertise in matters relating to recreational and Indigenous fishing. It will not alter AFMA's ability to pursue existing objectives, or to extend AFMA's powers to regulate the recreational and Indigenous fishing sectors.
AFMA is responsible for the management of Commonwealth commercial fisheries, which are the waters that surround Australia from three nautical miles to 200 nautical miles out to sea. The interests of Aboriginal and Torres Strait Islander fishers will be represented under this legislation.
For further information, please see the explanatory memoranda and second reading speeches.