Fisheries Management Act 1991.

In Australia, legislative control over fisheries is shared between the Central (Federal) Government and the constituent States and Northern Territory. At the federal level, an independent Australian Fisheries Management Authority (AFMA) was set up by the Fisheries Management Authority Act 1991, as a statutory authority to manage fisheries on behalf of the Federal Government. The federal legislation on fisheries is reformulated in the 1991 Fisheries Management Act, which introduces some new elements.
Part 1 includes preliminary provisions on definitions and area of application of the Act, namely the Australian Fishing Zone, which generally extends to 200 miles from the baselines. In Part 2 (sects. 13-15), driftnet fishing is prohibited in the Australian fishing zone and by Australian citizens, body corporate incorporated in Australia and Australian boats outside the zone. The definition of "driftnet fishing activity" comprises a very broad range of activities, including any operation which can reasonably be expected to result in the taking of fish with a driftnet, and any activity in support of driftnet fishing, including transporting and processing of driftnet catch. Under Part 3 on "Regulation of Fishing", the Australian Fishery Management Authority has the task of preparing management plans for specific fisheries, setting out (sect. 17[5]) objectives, measures to attain those objectives, and performance criteria against which the measures taken may be assessed. AFMA must perform its functions in relation to a fishery in accordance with any relevant plan of management in force (sect. 17[10]). The plans may provide for the management of the fishery by means of a system of statutory fishing rights (sect. 17[6][b]). These are any specified rights in a managed fishery, such as a right to a specified quantity of fish, or to utilize a specified type of boat or fishing equipment. It must publicize the Administration's intention to grant such rights in relation to a certain fishery in accordance with the legislative requirements set out, and apply the prescribed procedure as to the grant of such rights (generally by auction or tenders or ballot) (sects. 24-31). Pursuant to section 32, AFMA may grant fishing permits authorizing the use of a specified Australian boat for fishing in a specified area of the Australian fishing zone or a specified fishery. AFMA may give directions in relation to closure or partial closure of fishery in accordance with section 41A. The Act also provides for the issue of scientific permits (sect. 33). Terms and conditions relating to foreign fishing are established in sections 34-37.
Part 4 regulates the maintenance by AFMA of a Register of statutory fishing rights. Part IVA and other parts of the Act concern implementation of the Agreement to promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (set out in Schedule 3). Part 6, on surveillance and enforcement, specifies in detail the powers of officers. In the same Part, section 91 provides for the issue of fish receiver permits, authorizing the holder to receive fish from a person engaged in commercial fishing in a specified fishery. Section 94 regulates the issue of port permits to foreign fishing boats which do not hold a licence. Part 7 includes requirements and procedure for the collection of levies and charges imposed respectively by the Fishing Levy Act 1991, Foreign Fishing Licences Levy Act 1991, and the Statutory Fishing Rights Charge Act 1991. A specialist panel is created to review statutory fishing rights allocation. The Schedule annexed to the Act includes the Treaty between the Governments of certain Pacific Island States and the Government of the United States of America. (211 sections). Schedule 1A concerns detention of illegal foreign fishermen.
The Act defines principles of ecologically sustainable development.